^ . Commonwealth of Massachusetts 

Executive Office of Energy & Environmental Affairs 

Department of Environmental Protection 

One Winter Street Boston, MA 02108 • 617-292-5500 

UEVAL L PATRICK	 MAEVE VALLELY BARTLETT 

Governor	 Secretary 

DAVID W. CASN 

Commissioner 

RFc^ 

July 10, 2014

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^6 

H. Curtis Spalding 	9`cG/oN(qOM^ 

Regional Adm>.nistrator	

y^sT^ro9 

U.S. Environmental Protection Agency, Region 1 

5 Post Office Square, Suite 100 

Boston, MA 02109-3912 

Dear Mr. Spalding: 

I am submitting amendments to Massachusetts regulation 310 CMR 7.18(30), Adhesives and 

Sealants, for your approval and inclusion in the Massachusetts State Implementation Plan (SIP). 

This submittal is made pursuant to the requirements of Sections 110, 172 and 182 of the federal 

Clean Air Act. 

MassDEP promulgated final Adhesives and Sealants regulations on August 30, 2013. These 

regulations, which are based on an Ozone Transport Commission model rule, also incorporate 

EPA's Control Techniques Guidelines for Miscellaneous Industrial Adhesives. The final 

regulations also address EPA's comments on the draft regulations. 

Should you or your staff have any questions regarding this submittal, please contact Christine 

Kirby, Director, Air and Climate Programs, at 617-292-5631. 

Sin	ly, 

David W. Cash 

Commissioner 

Enclosures 

cc: Dave Conroy, EPA Region 1 

This information is available in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751. TDD# 1-866-539-7622 or 1-617-574-6868 

MassDEP Website: www.mass.govldep 

Printed on Recycled Paper

^

 ^ 

`	Docket # 5 8 6 

^ -	 THE COMMONWEALTH OF MASSACHUSETTS 

William Francis Gafvin 

Secretary of the Commonweafth 

Regulation Filing ro be completed byfiling agency 

CHAPTER NUMBER: 310 CMR 7.00 

CHAPTER T1TLE:	Air Poliution Control 

AGENCY:	Department of Environmental Protection 

SUMMARY OF REGULATiON:	State the general requirements and purposes of this regutation.


These amendments add a new section 310 CMR 7.18(30), Adhesives and Sealants, that establishes 

vofatife organic compound content limits for industrial adhesives and sealants and associated 

cieaning and surface preparation operations; make minor associated changes to certain sections of 

310 CMR 7.18 to make those sections consistent with the new Adhesives and Sealants regulations; 

and make minor technicai ciarifications to 310 CMR 7.19 and 310 CMR 7.00: Appendix B. 

^

	REGULATORY AUTHORITY:	M.G.L. Chapter 111, Sections 142A through 142E 

AGENCY CONTACT: Azin Kavian	 PHONE: 617) 574-6801 

ADDRESS:	1 Winter Street, Boston, MA 02108 

Comptiance with M.G.L. c. 30A 

EMERGENCY ADOPTION - if this regutation is adopted as an emergency, state the nature of the emergency. 

PRIOR NOTIFICATION AND/OR APPROVAL - !f priornotification to and/or approval of the Govemor, 

Legislature or others was required, iist each notification, and/or approvai and date, including notice to the Local 

Govemment Advisory Commission. 

Prior notification was provided on October 14, 2011 to Local Govemment Advisory Committee, Dept. 

of Public Health, Dept. of Energy Resources, Dept. of Public Utilities, MEPA Office, and TURA 

Administrative Council. 

PUBLIC REVIEW - M.G.L c. 30A sections 2 and/or3 requires notice ofthe hearing orcomment period, 

including a sma/l business impact statement, be filed with the Secretary of the Commonweaith, published in 

appropriate newspapers, and sent to persons to whom specific notice must be given at least 21 days prior to 

such hearing or comment period. 

Date of pubiic hearing or comment period:	November 17, 2011 

143
FISCAL EFFECT -	Estimate the fiscal effect of the public and private sectors. 

For the first and second year:	

savings of $2.4 miiiion to a cost of $5.3 miiiion. 

For the first fNe years: Savings of $2.4 miilion to a cost of $5.3 miition.

No flscal effect: Generai pubiic and pubiic agencies 

SMALL BUSINESS IMPACT -	M.G.L. c. 30A section 5 reQuires each agency to f<!e an amended sma/l 

business impact statement with the Secretary of the Commonwealth prior to the adoption of a proposed 

regulation. If the purpose of this regulation is to set rates for the state, this sectidn does not apply. 

Date amended srnafl business impact statement was filed:	December 19 ; 2012 

CODE OF MASSACHUSETTS REGULATIONS INDEX -	List key subjects that are relevant to this regulation: 

Air poilution, voiatiie organic compounds, ozone, adhesives and seaiants, oxides of nitrogen 

PROMULGATION - State the action taken by this regutation and its etfect on existing provisions of the Code 

of Massachusetts Regulations (CMR) or repeat, replace or amend. t_ist by CMR number. 

Amends 310 CMR 7.18, 310 CMR 7.19, 310 CMR 7.00: Appendix B 

ATTESTATION - The regulation described herein and attached hereto is a true copy of the regulation 

adopted by this agency. ATTEST: 

SIGNATURE:	 DATE: f/^Z /^ 5 

Publication - To be completed by the Regulations Division 

MASSACHUSETTS REGtSTER NUMBER: 	

1242	DATE:	8/30/13 

EFFECTIVE DATE:	

8/30/13 

CODE OF MASSACHUSETTS REGULATIONS 

these 

250.5 - 250.8 

250.23 - 250.26 

250.38.1 - 250.40 

250.128.1, 

250.128.2

these 

250.5 - 250.8 

250.23 - 250.26 

250.38.1 - 250.40 

250.128.1, 

250.128.2

A TRUE COPY ATTEST 

Wtu-lAN1 FRANCIS GALVIN 

SECRETARY OFTHE COWpM0NWEAtTH 

pA4^113 CLERK 

144
+	..

310 CMR: DEPARTMENT OF ENVIKONMENTAL PROTECTION 

7.17: continued 

^ 2. Emissions of particulate matter from the facility shaIl be limited to a maximum of 

0.08 pounds per million Btu input as measured by testing conducted under isokinetic 

sampling conditions and in accordance with Environmental Protection Agency test 

methods 1 through 5 as specified in the CFR, Title 40, Part 60, Appendix A- Standards 

of Performance for New Stationary Sources or by another method correlated to the above 

method to the satisfaction of the Depamnent. 

(b) Holyoke VJater Power Company, Mt. Tom Power Plant, Holyoke, Massachusetts: 

1. Such fuel shall comply with the requirements contained in 310 CMR 7.05(1)(b). 

2. Emissions of particulate matter from the facility shall be limited to a mAYimum of 

0.08 pounds per million Btu input as meastued by testing conducted under isolanetic 

sampling conditions and in aocordance with Environmental Protection Agency test 

methods 1 through 5 as specified in the CFR, Title 40, Part 60, Appendix A- Standards 

of Performance for New Stationary Sources or by another method correlated to the above 

method to the satisfaction of the Department 

7.18: U Volatile and Haloeenated Organic Compounds 

(1) U Ap,plicability and Handling Reouirements. 

(a) 310 CMR 7.18 shall apply in its entirety to persons who own, lease, operate or control 

any facility which emits volatile organic compounds (VOC). 

(b) For purposes of 310 CMR 7.18, except for 310 CMR 7.18(30), VOC shall include both 

VOC as defined in 310 CMR 7.00 and Halogenated Organic Compounds (HOC) as defined 

in 310 CMR 7.00. 

(c) On or after July 1, 1980 any person owning, leasing, operating, or controlling a facility 

regulated under 310 CMR 7.18, shall store and dispose of volatile organic compounds in a 

manner which will minimize evaporation to the atmosphere. Proper storage shall be in a 

container with a tight fitting cover. Proper disposal shalt include incineration in an 

_	 incinerator approved by the Department, transfer to another person licensed by the 

^y	 Department to handle VOC, or any other equivalent method approved by the Department. 

(d) Any person who owns, leases, operates, or controls a facility which is or becomes 

subject to 310 CMR 7.18, except for those persons solely subject to 310 CMR 7.18(30) 

unless the facility is a CTG-affected facility as defined in 310 CMR 7.18(30)(b), shall 

continue to comply with all requirements of 310 CMR 7.18, even if emissions from the 

subject facility no longer exceed applicability requirements of 310 CMR 7.18. 

(e) Any person not regulated by 310 CMR 7.18, prior to Augu.st 15, 1989 shall achieve 

compliance with the applicable section(s) of 310 CMR 7.18 by August 15, 1990. 

(f) Any person who, since January 1, 1990, obtains a plan approval for an emission unit 

under 310 CMR 7.02 where said approval establishes BACT or LAER to be no less stringent 

than RACT for a facility size and type as defined in 310 CMR 7.18 shall comply with the 

BACT or LAER established in the plan approval, and is aot subject to RACT standards of 

310 CMR 7.18 as may other•wise be applicable, until the applicable RACT standards of 

310 C.'vIR 7.18 become more stringent than the BACT or LAER established in the plan 

approval, at which point the person shall become subject to the updated RACT standards. 

(2) U Compliance with Emission Limitations. 

(a) Any person subject to 310 CMR 7.18, shall maintain continuous compliance with all 

requirements of 310 CMR 7.18. Exoept as provided for in 310 CMR 7.18(2)(b) and (g), 

compliance averaging times are based on the control method selected to meet the applicable 

emission limitations and EPA test methods as codified in 40 CFR Part 60, or other methods 

approved by the Department and EPA, and are as follows: 

EPA Reference	Test Method 

Compliance Method	Test Method	Averapiniz Time 

Coating Reformulation	24'	instantaneous 

Solvent destruction or solvent	25	 3 hours 

recovery except carbon adsorption 

Carbon adsorption	 25 or other as	the length on the 

appropriate	adsorption cycle 

\ `	 or 24-hours, which 

ever is less. 

^ Reference Method 24 s6all use a 60 minute bake time at 1 10°C f 5°C. 

8/30/13	 310 CMR - 250.5
310 CMR.: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.18: continued 

(b) Persons owning, leasing, or controlling the operation at a specific site location of any 	 — 

individual or combination of coating lines described in 310 CMR 7.18(3) through (7), (10) 

through (12), (14) through (16), and (21) through (24) may, for compliance with dates 

specified in 310 CMR 7.18(3) through (7), (10) through (12), (14) through (16), and (21) 

through (24), and the emissions timitations contained in 310-CIvIR 7.18(3) through (7), (10) 

through (12), (14) through (16), and (21) through (24), submit a proposed plan containing 

a mix of emission limits for such coating lines such that t.he total emi ssions from all coating 

lines is less than or equal to the sum of emissions that would result from eacb individual 

coating line complying with the applicable emission limitation contained in 310 CIv1R 

7.18(3) through (7), (10) through (12), (14) through (16), and (21) through (24). 

Submittal of such aproposed plan is subject to review and approval by the Department 

and must provide for compliance consistent with 310 CMR 7.18(3) through (7), (10) through 

(12), (14) through (16), and (21) through (24). 

Any person complying with the requirements of 310 CMR 7.18 by emissions averaging 

under 310 CMR 7.18(2)(b), is also subject to the requirements of 310 CMR 7.00: Appendix 

B(4). 

(c) Any person regulated under 310 CIvIR 7.18(14), (15), or (16), who cannot comply with 

the emission limitations contained therein through the use of add-on controls and/or low/no 

solvent coatings, shall apply to the Department by January 1,1987 for an alternative emission 

limitation which reflects the application of source specific Reasonably Available Control 

Technology. Any altemative emission limitation provided for by 310 CMR 7.18 must also 

be approved by EPA. An appIicant for an altemative RACT shall: 

1. demonstrate to the Department that it is not technologically and economically feasible 

for that person to comply with the applicable emission Iimitation; and 

2. determine an emission limitation which reflects the application of Reasonably 

Available Control Technology; 

Any person granted such an emission limitation shall: 

3. re-evaluate, on a bienniai basis (every two years), t.he emission limitation to reflect 

current application of Reasonably Available Control Technology and to confirm that the 

RACT emission limitation contained in 310 CMR 7.18(14) through (16) is still 

technologicaIly and economically infeasible. 

(d) The Department encourages any person owning, leasing, operating, or controlling a 

facility regulated under 310 CMR 7.18 to reduce the emissions of volatile organic 

compounds through the use of compounds whicb present less of a burden to the air, water 

and land, and which do not increase public health impacts. 

(e) Any person owning, leasing, operating, or controlling a facility subject to 310 CMR 

7.18(3) through (7), (10) through (12), (14) through (16), or (30) shall demonstrate 

compliance with the requirements for eniissions capture and control equipment by 

continuously monitoring and maintaining records on the following parameters: 

1. for a thermat incinerator; the combustion temperature measured in °F; 

2. for a catalytic incinerator: the exhaust gas temperature (°F), the temperature rise 

across the catalyst bed (°F), and the date the catalyst was most recently replaced or 

changed; 

3. for a condenser or refrigeration system; the inlet temperature of the cooling medium 

(°F), and the exhaust gas temperature (°F); 

4. for a carbon adsorbers; the pressure drop across the adsorber, and the exhaust gas 

VOC concentration; 

5. for emissions capture and control equipment not otherwise listed; any requirements 

specified by the Department in any approval(s) or order(s). 

(f) Exemption for Coatings Jsed in Small Amounts. For any person who owns, leases, 

operates or controls a facility with coating line(s) subject to 310 CMR 7.18, except for 

310 CMR 7.18(30), the emissions of VOC from any coatings used in small amounts at that 

facility are exempt from the eniission limitaiions of the particular section, provided the 

person satisfies the following conditions: 

1. the total amount of all coatings exempted does not exceed 55 gallons on a.rolling 12 

month period at the facility; and, 

2. the person notifies the Department that this exemption is being used 30 days prior to 

its first use; and, 

8/30/13	 310 CMR - 250.6
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.18: continued 

^-	 3. the person identifies in such notice the coatings which will be covered by this 

exemption; and, 

4. the person complies with the recordkeeping and testing requirements of the particular 

section. 

(g) Daily Weighted Averaeing. Any person who owns, leases, operates or controls a 

coating line subject to 310 CMR 7.18, with the exception of coating lines subject to 

310 CMR 7.18(24): Flat Wood Paneling Surface Coating, or 310 CMR 7.18(28): 

.4utomotive Refrnishfng, may comply with the VOC emission limitations of the applicable 

section of 310 CMR 7.18 through the use of a daily-weighted average on an individual 

coating line, provided the person meets the following conditions: 

1. the daily-weighted average for each coating line, each day, complies with the 

applicable emission limitation in 310 CMR 7.18 v,+ith no cross-line averaging allowed; 

and, 

2. the coating line using a daily-weighted average to determine compliance does not use 

any emissions capture and control equipment for the compliance determination; and, 

3. prior to being used, the exact method of ineasuring and determining compliance on 

a daily-weighted average basis is approved by the Depar[ment in an emissions control 

plan submitted under 310 CMR 7.18(20); and, 

4. records kept to detennine compliance on a daily-weighted average basis are kept at 

the facility for a period of five years, and made available to the Department or EPA on 

request- and, 

5. the daily-weighted average for each coating line, with the exception of coating lines 

subject to 310 CMR 7.18(26): Textile Finishing, is calculated according to the following 

equation:

n 

VOCw = 

vT 

-	 where: 

VOCW = the daily-weighted average VOC content of the eoatings used each day on each

coating line in units of pounds of VOC per gallon of solids as applied; 

n = the number of different coatings applied, each day on a coating line; 

V; = the volume of solids as applied for each coating, each day, on eacb coating line, in 

units of gallons of solids as applied; 

C; = the VOC content for each coating, eacb day, on each coating line in units of pounds 

of VOC per gallons of solids as applied; and 

Vr = the total volume of solids as applied, each day on each coating line. 

6. For coating lines subjectto 310 CMR 7.18(26): Textfle Finishing, the daily weighted 

average for each coating line is calculated according to the following equation: 

n 

Y_ M,.C, 

VOCvm = 

i - I 

where: MT 

VOC,,, = the daily-weighted average VOC content of the coatings used each day on each

coating line in units of pounds of VOC per pound of solids, as applied; 

n = the number of different coatings applied each day on a coating line; 

M; = the mass of solids as applied for each coating, each day, on each coating line, in units 

of pounds of solids as applied; 

C; = the VOC content of the coatings used, each day, on each eoating line in units of 

pounds of VOC per pounds of solids, as applied; 

MT = the total mass of solids as applied, each day on each coating line. 

Coating usage may be averaged, providing the units in the equation are the same as the 

units that are used in the section of 310 CMR 7.18 that applies to the coatings included 

in the daily average. Only coatings subject to the same emissions standard may be 

averaged together. 

8/30/13	 310 CMR - 250.7
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.18: continued 

(h) Emission Reduction Credits (ERCs). Any facillty may comply, either in part or entirely, — 

with the applicable emission standard contained in 310 CMR 7.18 through the use of

emission reduction credits (ERCs) certified by the Department pursuant to 310 CMR 7.00:

Appendiz B(3), provided that the requirements of 310 CMR 7.00: Appendix B(3)(e) are met 

prior to use of said ERCs. 

(3) U Metal)~umiture Surface Coatin^. 

(a) On or after Ianuary 1, 1980, no person who owns, leases, operates, or controls a metal 

furniture coating line, which emits, before any application of air pollution control equipment, 

in excess of 15 pounds per day of volatile organic compounds (VOC), shall cause, suffer, 

allow or permit emissions therefrom in excess of 5.1 pounds of VOC per gallon of solids 

applied. 

(b) Any person subject to 310 CIviR 7.18(3)(a) shall maintain continuous compliance at all 

times. Cornpliance averaging tames will be met in accordance with the requirements of 310 

CMR 7.18(2)(a). Demonstrations of compliance shall not include any considerations of 

transfer effrciency. 

(c) Any person subject to 310 CMR 7.18(3)(a) shall prepare and maintain daily records 

sufficient to demonstrate compliance consistent with the applicable averaging time as stated 

in 310 CMR 7.18(2)(a). Records kept to demonstrate compliance shall be kept on site for 

three years and shall be made available to representatives of the Department and EPA in 

accordance with the requirements of an approved compliance plan or upon request. Such 

records shall include, but are not limited to: 

1. identity, quantity, formulation and density of coating(s) used; 

2, identity, quantity, formulation and density of any diluent(s) and clean-up solve.nt(s) 

used; 

3. solids content of any coating(s) used; 

4. actual operational and emissions characteristics of the coating line and any 

appurtenant emissions capture and control equipment; 

5. quantity of product processed; 

6. any other requirements specified by the Department in any approval(s) and/or order(s) 

issued to the person. 

(d) Persons subject to 310 CMR 7.18(3)(a) shall, upon request of the Department, perform 

or have performed tests to demonstrate compliance. Testing shall be conducted in 

accordance with EPA Method 24 and/or Method 25 as described in CFR Title 40 Part 60, or 

by other methods approved by the Department and EPA. 

(4) U Metal Can Surface Coatixg. 

(a) On or after ]anuary 1,1980, no person who owns, leases, operates, or controls a metal 

can coating line, which emits, before any application of air pollution control equipment, in 

excess of 15 pounds per day ofvolatile organiccompounds (VOC), shall cause, suffer, allow 

or permit emissions therefrom in excess of the emission limitations set forth in 310 CMR 

7.18(4)(b). 

(b) Emission L,imitations Metal Can Surface Coating. 

Emission Source Emission Limitation in pounds 

of volatile organic compounds 

per gallon of solids applied 

Sheet base coat (exterior and 4.5 

interior and exterior overvarnish) 

Two-piece can exterior (basecoat and overvamish) 4.5 

Two and Three-piece can (interior body spray) 9.8 

Two-piece can exterior end (spray or roll coat) 9.8 

Three-piece can side seam spray 21.8 

End sealing compound 7.4 

9/23105	 310 CMR - 250.8
310 CMR: DEPARTMENT OF ENVZRONMENTAL PROTECTION 

7.18: continued 

( (h) Each owner or operator shall submit to the Department a quarterly report describing the 

results of the monitoring prograin required by 310 CMR 7.18(19). As a minimum, this 

report should include: 

1. the number and types of components that were located during the previous 

monitoring period but were not repaired. 

2. the number and types of components inspected, the number and types of leaking 

components found, the number and types of components repaired, and the time elapsed 

before each repair was effected. 

3. the number of components not repaired within 15 days and the reason why there was 

a delay. 

(i) Any owner or operator of a facility subject to 310 CMR 7.18(19) shall: 

1. submit to the Department, a leak detection and repair program by June 1, 1987. This 

program shall contain, as a minimum, a list of process components, a copy of the log 

book format, and a description of the proposed monitoring equipment. 

2. submit the first quarterly report required by 310 CMR 7.18(19)(i) by 

December 1, 1987 or within 120 days of the date the owner or operator first becomes 

subject to 310 CMR 7.18(19). 

(j) The Department shall receive notice in writing ten days prior to the scheduled 

monitoring so that the Deparlment has the opportunity to observe the monitoring procedure 

as described in 310 CMR 7.18(19)(a) and (b). 

(k) The Department will review and make determination on requests for exemptions to 

310 CMR 7.18(19) in the following categories: 

1. components that are considered unsafe to monitor because of extreme temperatures, 

pressures, at a height of more than two meters above a permanent support surface, or for 

other reasons are exempt $nm quarterly monitoring if the owner requests a waiver from 

the Deparhnent and monitors at least once a year. 

2. SOCIviI facilities handling less than 980 tons per year (890 Mg/yr) of VOC. 

3. To implement a skip period monitoring program the owner or operator will begin 

with a quarterly leak detection and repair program for valves. If the desired "good 

^ performance level" of 2% or less of valves leaking was attained for valves in gas service 

and light liquid service for five consecutive quarters; then three of the subsequent 

quarterly leak detection and repair periods for these valves could be skipped. A11 valves 

would be monitored again during the fourth quarter. This would permit a process unit 

which has consistently demonstrated it is meeting the "good performance level" to 

monitor valves in gas service and valves in light liquid service annually instead of 

quarterly. If an inspection show•ed that the "good performance level" was not being 

achieved, then quarterly inspections of valves would be reinstituted until a"good 

performance level" was being achieved for five consecutive quarters. At that time the 

skip period inspection would be resumed. Only valves are allowed to be monitored at 

skip period intervals; all other equipment components would not skip monitoring 

intervals and would be subject to their required quarterly monitoring. 

(20) Emission Control Plans for Implementation of ReasonablY Available Control Technology. 

(a) General Applicabilitv and Submittal Requirements. Any person who owns, leases, 

operates or controls a facility that becomes subject to 310 CMR 7.18(2)(b), (c), (g), (h), (17), 

(21) through (27), (28)(e), (29), or (30)(c)7. after January 1, 1992, shall submit an emission 

control plan to the Departrnent for review and approval by the Department prior to 

implementation of RACT. An emission control plan is required to amend an eniissions 

averaging plan issued pursuant to 310 CMR 7.18(2)(b) or (g), or an approval issued under 

310 CMR 7.18(2)(h). 

1. The emission control plan must be submitted to the Department within 180 days of 

the date the facility or part of a facility first meets the applicability requirements of 

310 CMR 7.18, or the date of promulgation for that section of 310 CMR 7.18, whichever 

is latest. 

2. An emission control plan is not required if all operations at the facility for which an 

approval under 310 CMR 7.18(20) would otherwise be required were installed in 

accordance with an approval issued pursuant to 310 CMR 7.02(4) or (5) that meets the 

standards/limits of 310 CMR 7.18 and/or the requirements contained in 310 CMR 7.03. 

^_-

8/30/13	 310 CMR - 250.23
310 CMR: DEPART1v1ENT OF ENVIRONMBNTAL PROTECTION 

7.18: continued

a, are instailed in accordance with: 

i. a plan approval issued pursuant to 310 CMR 7.02(4) or (5) that meets the ( 

standards/limits of 310 CMR 7.18; 

ii. the requirements contained in 310 CN1R 7.03; or 

iii. the requirements of 310 CMR 7.26, or 

b. are exempt from filing for plan approval pursuant to 310 CMR 7.02(2)(b) exoept 

for 310 CMR 7.02(2)(b)32. This exemption does not apply to construction, 

substantial reconstruction, or alteration required to comply with the requirements of 

310 CMR 7.18. 

(b) Other Avplicability and Submittal Requirements. Any person subject to 310 CMR 7.18, 

when so required by the Deparhnent in writing, shall submit an enussion control plan to the 

Department for review and approval by the Department. 

(c) Emission Control Plan Requirements. The emission control plan must detail how 

RACT will be implemented at the facility which is subject to 310 CMR 7.18. Each plan 

submitted under 310 CMR. 7.18(20) shall, at a minirnum, include the following: 

1. a list and description of all the equipment at the facility which has the potential to 

emit VOC, including any associated plan approvals, dates of installation, any subsequent 

alterations, etc.; 

2. a list of all the VOC emitting equipment at the facility for which the emission control 

plan is being submitted; 

3. the potential to emit, before application of air pollution control equipment, before 

implementation of RACT, on a daily and annual basis, of all VOC emitting equipment 

for which the emission eontrol plan is being submitted; 

4. the actual emissions before implementation of RACT on a daily and annual basis of 

all VOC emitting equipment for which the emission control plan is being submitted; 

5. if applicable, the designs, specifica.tions and standard operating and maintenance 

procedures for any VOC emissions capture and control systemused to implement RACT; 

6. if applicable, the designs and specifications of any low-VOC ernitting processes or 

refomtulations used to implement RACT; 

7. the testing, monitoring, recordkeeping and reporting procedures used to demonstrate 

compliance with the applicable sections of 310 CMR 7.18; 

8. a scbedule for the implementation of RACT at the facility by the deadline contained 

in the applicable section of 310 CMR 7.18, including provisions for demonstrating to the 

Department periodic increments of progress; 

9. any other information required by the Departrnent, and; 

10. the signature of a responsible official. 

(d) ^Additionai Requirements for Demonstration of RA.CT. An emission control plaq ,

submitted by any person who owns, leases, operates or controls a facility or part of a facility 

subject to 310 CMR 7.18(2)(c) or (17), must meet the following requirements, in addition 

to those of 310 CMR 7.18(20)(c). 

1. The plan must contain a demonstration and descr3ption of the RACT emission 

limit(s) for this facility or part of a facility; and, 

2. any infonnation necessary to support the demonstration made in 310 CMR 

7.18(20)(d)l., such as technological and economic considerations, industry surveys, 

eustomer considerations, ete. 

(e) Approval of an Emission Control Plan bv the Denarhnent 

1. For persons not subject to 310 CMR 7.18(2)(b), (c), or (17) the Department will, 

within the timetables establisbed in 310 CMR 4.10, issue a 8nal approval or disapproval 

of the plan. 

2. For persons subject to 310 CMR. 7.18(2)(b), (c), or (17) where the information 

submitted in the emission control plan is sufficient to support both the determination of 

RACT and the proposed schedule; the Department will, within tiinetables established in 

310 CMR 4.10, publish a notice of public hearing in accordance with M.G.L. c. 30A. 

After the public hearing and the close of the public conunent period, the Department vA 11, 

within the timetables established in 310 CMR 4.10, issue a final approval or disapproval 

of the emission control plan. 

(f) Prohibition. No emissions reductions or any other actions taken at any faeility or part 

of a facility wiil constitute irnplementation of RACT at that facility untess those emission 

reductions or other actions are part of an emission control plan approved by the Department. 

8/30/13	 310 CMR - 250.24
310 CMR: DEPART.'v1ENT OF ENVIRONM$NTAL PROTI;CTION 

7.18: continued 

(g) Additional requirements may be included in the enzission control plan approval to 

ensure that emissions from the unit(s) subject to RACT will not cause or contribute to a 

condition of air pollution or a violation of any other regulation. Such requirements include, 

but are not limited to, emissions limits on other air contaminants, and additional stack testing 

or emissions monitoring requirements. 

(21) Surface Coating of Ptastic Parts. 

(a) Aoolicability. 310 CMR 7.18(21) applies in its entirety to any person wbo owns, leases, 

operates or controls plastic parts surface coating line(s) which in total have the poter.tial to 

emit, before the application of air pollution control equipment, equal to or greater than 50 

tons per year of volatile organic compounds. 

(b) ReasonablY Available Control TechnoloQV Requirements. On or afrer January 1, 1994, 

unless exempted under 310 CMR 7.18(21)(c), or granted a non-renewable extension by the 

Depamnent under 310 CMR 7.18(21)(d), no person subject to 310 CMR 7.18(21)(a) shall 

cause, suffer, allow or permit emissions from any plastic parLs coating line in excess of the 

emission limitations set forth in 310 CMR 7.18(21)(e). 

(c) Exemptions. The requirements of 310 CMR 7.18(21)(b) do not apply to: 

l.a. any person subject to 310 CMR 7.18(21)(a) who is able to demonstrate to the 

Department that, since January 1, 1990, the plastic parts coating line(s) have not, in 

t.otal, emitted, before the application of air pollution control equipment, greater than 

or equal to 50 tons per year of volatile organic compounds; and 

b. provided the person obtains and complies with a federally enforceable emission 

limit which restricts the potential emissions to below 50 tons per year; and 

c. provided the person complies with of 310 CMR 7.18(21)(i). 

2. any person subject to 310 C1vIR 7.18(21)(a) who, according to the Department, has 

complied with 310 CMR 7.18(17) prior to January 1, 1993. 

(d) Extensions. 

1. Any person subject to 310 CMR 7.18(21)(b) may apply in writing to the Department 

for a non-renewable extension of the implementation deadline in 310 CMR 7.18(21)(b). 

The person must apply to the Department for the non-renewable extension at the same 

time the person submits the enussion control plan required by 310 CMR 7.18(20) and 

(21 )(^ , 

2. The Deparrinent will consider anon-renewable extension of the deadline in 310 CMR 

7.18(21)(b) until no later than January 1, 1995, provided the ernission control plan 

submitted for approval under 310 CMR 7.18(20), meets the following criteria in addition 

to those of 310 CMR 7.18(20): 

a. the emission control plan proposes to reduce emissions through toxics use 

reduction techniques as defined in M.G.L. c. 21I; and, 

b. the toxics use reduction techniques contained in the emission control plan are 

approved by aToxics Use Reduction Planner certified under M.G.L. c. 21I; (this may 

be an employee at the facility who is certified as Toacics li se Reduction Planner); and, 

c. implementation of the plan must meet the emission limitations of 310 CMR 

7.18(21)(e)2. through toxics use reduction techniques; and, 

d_ the emission control plan must also contain contingency measures to meet the 

RACT emission limits of 310 CMR 7.18(21)(e)1.; such measures must automafically 

take effect if the emissions reductions achieved by toxics use reduction techniques 

do not-satisfy 310 CMR 7.18(21)(e)2. 

(e) RACT Emissions Limitations 

1. If a person subject to 310 CMR 7.18(21)(b) does not use add-on air pollution control 

equipment to implement RACT, then the person shall comply with the emissions 

limitations in Table 310 CMR 7.18(21)(e)1. If more than one emission limitation applies 

to any one coating, then that coating must comply with the least stringent emission 

limitation. 

8/30/13	 310 CMR - 25 0.2 5

i" 

^
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTTON 

7.18: continued

Table 310 CMR 7.18(21)(e)1.	 - 

RACT Emission Limitation for Surface Coating of Plastic Parts

using Low/no VOC Coatings 

Emission Source	 Emission Limitation 

(lbs VOC/gal solids as applied) 

Business Machines/Miscellaneaus Plastic Parts 

Color coating	 3.4 

Color/texture coating	 3.4 

Primer Coating	 1.4 

EMURFT	 8.8 

Automotive Interior Parts Coating 

Colorcoat	 5.7 

Primer	 6.7 

Automotive Exterior Flexible Parts Coating 

Colorcoat	 9.3 

Clearcoat	 6.7 

Primer	 11.6 

Aut.omotive Exterior Rigid (non-flexible) Parts Coating 

Colorcoat	 9.3 

Clearcoat	 6.7 

Primer	 6.7 

2. If a person subject to 310 C.MR 7.18(21)(b) does use add-on air pollution control 

equipment to implement RACT, then the person shall comply with the eniissions 

limitations in Table 310 CMR 7.18(21)(e)2. If more than one emission limitation 

applies to any one coating, then that coating must comply with the least stringent	 - 

emission limitation. 

Table 310 CMR 7.18(21)(e)2.


RACT Emission Limitations for Surface Coating of Plastic Parts 


Using Add-on A'u Pollution Controls 

Emission Source	 Esnission Limitation 

(lbs VOC/gal solids as applied) 

Business Machines/Miscellaneous Plastic Parts 

Color coating 1.7 

Color/texture coating 1.7 

Pritraer Coating 1.4 

EMI/RFI 1.9 

Automotive Interior Parts Coating 

Colorcoat 3.6 

Pritner 1.4 

Aut.omotive Exterior Flexible Parts Coating 

Colorcoat 2.8 

Clearcoat 2.4 

Primer 4.8 

Automot-ive Exterior Rigid (non-flexible) Parts Coating 

Colorcoat 2.8 

Clearcoat 2.4 

Primer 3.6

7/1/94	 310 CMR - 250.26 
310 C.'vIR: DEPARTMENT OF ENVIRONhIBNTAL PROTECTION 

7.18: continued

l. Signature of the responsible official and the name and title of the designated contact 

°	person; 

2. Maximum VOC content, including water, of surface preparation products; 

3. Coating brand name and category; 

4. Coating mixing instructions as stated on the container or in literature supplied with 

the coating; 

5. Maximum VOC content of the coating after mixing according to manufacturer's 

instructions; 

6. Any other requirements specified by the Depatbnent. 

(1) Testing Requirements. Any person subject to 310 CMR 7.18(28)(a) shall, upon request 

of the Department, perforrn or have perfotmed tests to demonstrate compliance with 310 

CMR 7.18(28). Testing shall be conducted in accordance with EPA Method 24 and/or 

Method 25 as described in CFR Title 40 Part 60, or by other methods approved by the 

Department and EPA. 

(m) Good NeiQhbor Requirements. Any person subject to 310 CMR 7.18(28)(a) who owns, 

leases, operates, or controls an automotive refinishing facility shall prevent emissions of 

particulates or odors to the ambient air which create a nuisance or condition of air pollution. 

(n) "I'he provisions of 310 CMR 7.18(28)(m) are subject to the enforcement provisions 

specified in 310 CMR 7.52. 

(o) Exemptions. 

1. The requirements of 310 CMR 7.18(28)(b) do not apply to: 

a. stencil coatings. 

b. b. coatings that are sold in nonrefillable aerosol containers. 

2. The requirements of 310 CMR 7.18(28)(g) do not apply to touch-up coatings. 

(p) Recordkeeping Requirements. Any person subject to 310 CMR 7.18(28)(a) must 

maintain purchase records of coatings and surface preparation products on a monthly basis. 

The purchase records must be summarized and include: 

1. each coating category, coating or coating component, and surface preparation product 

as identified on the container, 

^-	 2. the quantity of each coating, and surface preparation product, and 

3. the VOC content (pounds per gallon) of each coating, and surface preparation 

product, after mixing according to the manufacturer's instructions. 

Records kept to demonstrate compliance must be kept on site for three years, and must be 

made available to representatives of the Depamnent upon request. 

(29) Bakeries. 

(a) Applicability: 310 CMR 7.18(29) applies in its entirety to any person who owns, leases, 

operates or controls any bakery which has the potential to emit, before the application of air 

pollution control equipment, equal to or greater than 50 tons per year of volatile organic 

compounds. 

(b) Reasonably Available Control Technology Requirements: On or after May 31, 1995, 

unless exempted under 310 CMR 7.18(29)(c) or (d), no person subject to 310 CMR 

7.18(29)(a) shall cause, suffer, allow or pemtit emissions from any bakery oven unless in 

compliance with the requirements set forth in 7.18(29)(e). 

(c) Exemption for Small Bakeries: The requirements of 310 CMR 7.18(29) do not apply to: 

1. any person who is able to demonstrate to the Department that, since January 1, 1990, 

the bakery has not emitted, before the application of air pollution control equipment, 

greater than or equal to 50 tons per year of volatile organic compounds; and 

2. provided the person obtains a permit restriction from the Department under 310 CMR 

7.02(9) whicb restricts potential emissions to below 50 tons per year. 

(d) Exemption for Small Ovens: Any individual baking oven (at an applicable facility) 

whicb has not emitted since January 1, 1990, before application of air pollution control 

equipment, greater than or equal to 25 tons of V OC in any calendar year, is exempt from the 

requirements of 310 CMR 7.18(29)(e) and (f). 

(e) R_ACT Requirement: Unless exempted under 310 CMR 7.18(29)(c), no person subject 

^	 to 310 CMR 7.18(29) shall operate a baking oven unless VOC emissi ons from such oven are 

reduced 8 1 % by weight. 

9/23/05	 310 CMR - 250.38.1
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTBCTION 

7.18: continued 

(f) Plan Subniittal Requirement: Any person who owns, leases, operates or controls a bakery f 

subject to the requirements of 310 CMR 7.18(29)(e) must submit an emission control plan 

and have the plan approved by the Department in accordance with the schedule and 

requirements of 310 CMR 7.18(20), except that bakeries subject to 310 CMR 7.18(29)(e) at 

the tirne of promulgation shall submit an emission control plan by April 15, 1995. 

(g) Recordkeeping_Requirements: Any person operating a bakery applicable to 310 CMR 

7.18(29) shall maintain records of operations necessary to demonstrate compliance. Such 

records shall be retained in the owner's or operator's files for a period of oot less than five 

years and should include, but are not limited to: 

1. Monthlyrecords to detennine emissions from each oven. Using the formula in EPA's 

"Altemative Control Technoiogy Document for Bakery Oven Emissions", dated 

December 1992, or other formula approved by the Department and EPA, such records 

would include: 

a. formula number, 

b. initial bakers yeast as percent of flour; 

c. total yeast action time; 

d. yeast spike as percent of flour; 

e, spike time; 

f. ethanol emission factor (lbs/ton); 

g. production (tons of bread baked); 

h. total ethanol emissions (tons). 

2. Hourly (or continuous) records of control equipment operating parameters such as 

temperature, pressure drop or other applicable parameters to assure continuous 

compliance. 

(h) Testing Requirements: Any person who owns, leases, operates or controls a bakery 

subject to 310 CMR 7.18(29) shall, upon request of the Department, perform or have 

performed tests to demonstrate compliance with 310 CMR 7.18(29), Testing shail be 

conducted in accordance with EPA Methods 25, 25A, and/or 18 as described in CFR Title 

40 Part 60, or by other methods approved by the Department and EPA. - 

(30) Adhesives and Sealants. 

(a) Apnlicabilitv. 

1. Except as provided in 310 CMR 7.18(30)(a)2. through 5., 310 CMR 7.18(30) applies 

to;

a. any person who, on or after January 1, 2015, manufactures any adhesive, seaiant, 

adhesive primer, or sealant primer for use in Massachusetts; 

b. any person who, on or after September 1, 2015, sells, supplies, or offers for sale 

any adhesive, sealant, adhesive primer, or sealant primer for use in Massachusetts; 

and

c. any person who, on or after May 1, 2016, uses, applies, or solicits the use or 

application of any adhesive, sealant, adhesive primer, or sealant prirner in 

Massachusetts. 

2. 310 CMR 7.18(30) shall not apply to the use or applica'tion of any adhesive, sealant, 

adhesive primer, or sealant primer by the homeowner(s), renter(s), or other resident(s) 

at a private residence for personal use and not for a fee, compensaticn, or other financial 

gain• 

3. 310 CMR 7.18(30) shall not apply to the manufacture, sale, supplying, or offering for 

sale of an adhesive, sealant, adhesive primer, or sealant primer provided that: 

a. the adhesive, sealant, adhesive primer, or sealant primer is intended exclusively 

for shipment and use or application outside of Massachusetts; 

b. the manufacturer or distributor keeps records demonstrating that the adhesive, 

sealant, adhesive primer, or sealant primer is intended exclusively for shipment and 

use or application outside of Massachusetts; and 

c, the manufacturer or distributor has taken reasonable precautions to assure that the 

adhesive, sealant, adhesive primer, or sealant primer is not sold, supplied, or offered 

for sale for use or applicafion within Massachusetts. 

4. 310 CMR 7.18(30) shall not apply to the rnanufacture, sale, suppiying, offering for 

sale, or the use or application of the following: 

8/30/I3 310 CMR - 250.38.2
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.18: continue.d

a. adhesives, sealants, adhesive primers, and sealant primers that are subject to 

310 C1vIR 7.25(12), Consumer Products; 

b. adhesives and sealants that contain less than 20 grams of VOC per liter of 

adhesive, or sealant, less water and less exempt compounds, as applied; and 

c. adhesives used in tire repair operations, provided the label of the adhesive states: 

"For Tire Repair Only". 

5. 310 CMR 7.18(30) shall not apply to the manufacture, sa1e, supplying, or offering for 

sale of the following: 

a. cyanoacrylate adhesives; 

b. adhesives, sealants, adhesive primers, or seaiant primers that are used in 

assembly, repair and manufacture of aerospace or undersea-based weapori systems 

components; 

cl adhesives, sealants, adhesive primers, or sealant primers that are used in 

manufacture of inedical equipment; 

d. adhesives, sealants, adhesive primers, or sealant primers that are used in plaque 

laminating operations in which adhesives are used to bond clear, polyester acetate 

laminate to wood with lamination equipment installed prior to July l, 1992; and 

e. adhesives, sealants, adhesive primers, or sealant primers that are supplied or sold 

by the manufacturer or distributor in containers with a net volume of 16 fluid ounces 

or less, or a net weight of one pound or less. Plastic cement welding adhesives are 

excluded from this exemption. 

(b) Definitions, Terms used in 310 CMR 7.18(30) are defined at 310 CMR 7.00: 

Definftions or in 310 CMR 7.18(30)(b). VJhere a term is defined in both 310 CMR 7.00: 

Definitzons and in 310 CMR 7.18(30)(b), the definition in 310 CMR 7.18(30)(b) shall apply. 

ACRYLONITRILE-BUTADIENE-STYRENE OR ABS WELDING ADHESIVE means any 

adbesive intended by the manufacturer to weld acrylonitrile-butadiene-styrene pipe, which is 

made by reacting monomers of acrylonitrile, butadiene and styrene. 

^'- ADHESIVE means any chemical substance that is applied for the purpose of bonding two 

surfaces together other than by mechanical means. 

ADHESIVE PRIMER means any product intended by the manufacturer for application to a 

substrate, prior to the application of an adhesive, to enhance the bonding process. 

AEROSOL ADHESIVE means an adhesive packaged as an aerosol product in which the spray 

mechanism is permanently housed in a non-refillable can designed for handheld application 

without the need for ancillary hoses or spray equipment. 

AEROSPACE COMPONENT means the fabricated part, assembly of parts or completed unit 

of any aircraft, helicopter, missile, or space vehicle, including passenger safety equipment. 

ARCHITECIURA.L SEALANT OR PRIMER means any sealant or sealant primer intended by 

the manufacturer to be applied to stationary structures, including mobile homes and their 

appurtenances. Appurtenances to a stationary structure include, but are not limited to: hand 

railings, cabinets, bathroom and kitchen fixtures, fences, rain gutters and downspouts, and 

windows. 

AUTOMOTIVE GLASS ADHESIVE PRIMER means an adhesive primer labeled by the 

rnanufacturer to be applied to automotive glass prior to installation of the glass using an 

adhesive/sealant. 

CARB means the California Air Resources Board. 

CERAMIC TILE INSTALLATION ADHESIVE means any adhesive intended by the 

manufacturer for use in the installation of ceramic tiles. 

8/30/13	 310 CMR - 250.38.3
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.18: continued 

CHLORINATED POLYViNYL CHLORIDE PLASTIC or CPVC PLASTIC means a polymer - 

of the vinyl chloride monomer that has undergone a post-polymerization chlorination process to

increase the chlorine content of the PVC polymer beyond its base chlorine content of 57%. 

CPVC plastic is nonnally identified with a CPVC mazking. 

CHLORINATED POLYVINYL CHI,ORIDE WELDING ADHESIVE or CPVC WELDING 

ADHESIVE means an adhesive labeled for welding of chlorinated polyvinyl chloride plastic. 

CLEANUP SOLVENTmeans a VOC-containing material used to remove a loosely held uncured 

(i. e., not dry to the touch) adhesive or sealant from a substrate, or a VOC-containing material 

used to clean equipment used in applying a material. 

COMPUTER DISKETU JACKET MANUFACTURING ADHESIVE means any adhesive 

intended by the manufacturer to glue the fold-over fl aps to the body of a vinyl computer diskette 

j acket. 

CONTACT ADHESIVE means an adhesive that: 

(a) is designed for application to two surfaces to be bonded together; and 

(b) is allowed to dry before the two surfaces are placed in contact with each other; and 

(c) forms an immediate bond that is impossible, or difEcult, to reposition after both 

adhesive-coated surfaces are placed in contact with each other; and 

(d) does not need sustained pressure or clamping of surfaces after the adhesive-coated 

surfaces have been brought together using sufficient momentary pressure to establish full 

contact between both surfaces. Contact adhesive does not include rubber cements that are 

primarily intended for use on paper substrates. Contact adhesive also does not include 

vulranizing fluids that are designed and labeled for tire repa'u only. 

CONTROL TECHNIOUE_S GUIDELINE or CT^C' means the Control Tecbniques Guidelines 

issuedby EPA for Miscellaneous Industrial Adhesives, EPA-453/R-08-005, andpublished in the — 

Federal Register on October 7, 2008. 

COVE BASE means a flooring trun unit, generally made of vinyl or rubber, having a concave 

radius on one edge and a convex radius on the opposite edge that is used in fornlin.g a junction 

between the bottom wall course and the floor or to form an inside corner. 

COVE BASE IN STALLATIONADIdESIVE rneans any adhesive intended by the manufacturer 

to be used for the installation of cove base or wall base on a wall or verkical surface at floor level. 

CTG-AFFECTED FACILITYmeans a facility in which total actual uncontrolled VOC emissions 

from all Miscellaneous Industrial Adhesive Application Processes, including related cleaning 

activities, are equal to or greater than 6.8 kg/day (151b/day) or an equivalent level such as 3 tons 

per 12-month rolling period. 

CYANOACRYLATE ADHESIV E means any adhesive with a cyanoacrylate content of at least 

95% by weight. 

DISTRIBUTORmeans any person to whom an adhesive, adhesive primer, sealants, or sealant 

primer is sold or supplied for the purpose of resale or distribution in commerce, except that 

manufacturers, retailers, and consumers are n,ot distributors. 

DRY VJALL INSTALLATION means the installation of gypsum dry wall to studs or soiid 

surfaces using an adhesive formulated for that purpose. 

EXEMPT COMPOUND means an organic compound that is excluded from the definition of 

volatile organic compound in 310 CMR 7.00. 1 

FIBERGLASS means a material consisting of extremely fine glass fibers. 

FLEXIBLE VINYLmeans non-rigid polyvinyl chloride plastic. 

8/30/13	 310 CMR - 250.38.4
310 CMR: DEPARTINENT OF ENVIRONMBNTAL PROTECTION 

7.18: continued 

INDOQR FLOOR COVERING INSTALLATION ADHBSIVE means any adhesive intended 

by the manufacturer for use in the instaIIation of wood flooring, carpet, resilient tile, vinyl tile, 

vinyl backed caipet, resilient sheet and roll, or arrificial grass. Adhesives used to install ceramic 

tiie and perirneter bonded sheet flooring with vinyl backing onto a non-porous substrate, such 

as Flexible Vinyl, are excluded from this category. 

LAMINATE means a product made by bonding together two or more layers of material. 

LOW-SOLIDS ADHESIVE SEALANT OR PRIMER means any product that contains 120 

grams or less of solids per liter of material. 

MANUFACTURER means any person who manufactures, processes, imports, assembies, 

produces, packages, repackages, or re-labels a product. 

MARINE IJECK SEALANT or MARINE DECK SEALANT PRIMER means any sealant or 

sealant primer labeled for application to wooden marine decks. 

MEDICAL EOUIPMENT MANIIFACTURING means the manufacture of inedical devices, 

such as, but not limited to, catheters, heart valves, blood cardioplegia machines, tracheostomy 

tubes, blood oxygenators, and cardiatory reservoirs. 

METAL TO URETHANF_/RUBBER MOLDING OR CASTING ADHESIVE means any 

adhesive intended by the manufacturer to bond metal to high density or elastomeric urethane or 

molded rubber materials, in heated molding or casting processes. 

MISCELLANEOUS INDUSTRIAL ADI3ESIVE APPLICATTON PROCESS means a process 

used at an industrial manufacturing or repair facility that is subject to the Control Technique 

Guidelines (CTG) as defined in 310 CMR 7.18(30). 

MULTIPURPOSE CONSTRUCTION ADHESIVE means any adhesive intended by the 

manufacturer for use in the installation or repair of various construction materials, including but 

not limited to drywall, subfloor, panel, fiberglass reinforced plastic (FRP), ceiling tile and 

acoustical tile. 

NONMEMBRANE ROOF iNSTALLATION/REPAIR ADHESIVE means any adhesive 

intended by the manufacturer for use in the installation or repair of non-membrane roofs 

including, but not limited to, plastic or asphalt roof cement, asphalt roof coating and cold 

application cement. Nonmembrane roof installation/repair adhesive does not include adhesive 

intended by the manufacturer for use in the installation or repair of prefabricated single-ply 

flexible roofing membrane. 

OUTDOOR FLOORCOVERIN 1NSTALLATIONADHESIVE means any adhesive intended 

by the manufacturer for use iri the installation of floor covering that is not in an enclosure and 

that is exposed to ambient weather conditions during normal use. 

PANEL INSTALLATION means the instaliation of plywood, pre-decorated hardboard (or 

tileboard), fiberglass reinforced plastic, and similar pre-decorated or non-decorated panels to 

studs or solid surfaces using an adhesive formulated for that purpose. 

PERIMETERBONDED SHEET FLOORING INSTALLATIONmeans the installation of sheet 

flooring with vinyl backing onto a nonporous substrate using an adhesive designed to be applied 

only to a strip of up to four inches wide around the perimeter of the sheet flooring. 

PLASTIC means any synthetic material chemically formed by the polymerization of organic 

(carbon-based) substances. Plastics are usually compounded with modifiers, extenders, and/or 

reinforcers and are capable of being molded, extruded, cast into various shapes and filrns or 

drawn into filaments. 

8/30/13 310 CMR - 250.38.5
310 CMR: DEPARTMENT OF ENVIRONMMENTAL PROTECTION 

7.18: continued 

PLASTIC CEMENT WELDINGADHESIVE means any adhesive intended by the manufacturer 

for use to dissolve the surface of plastic to form a bond between mating surfaces. Plastic cement 

welding adhesive does not include ABS welding, PVC welding, or CPVC welding adhesives. 

PLASTIC CEMENT WELDING ADHESIVE PRIMER means any primer intended by the 

manufacturer for use to prepare plastic substrates prior to bonding or welding. 

PLASTIC FOA3v1 means foam constructed of plastics. 

PLASTIC1ZERmeans a materiai, such as a high boiling point organic solvent, that is incorporated into a vinyl to increase its flexibility, workability, or distensibility, as determined by t.he 

applicable ASTM International testmethod or any other method approved by the Department and 

EPA. 

POLYVINYL CHLOR.tD$ PLAS,TIC or PVC PLASTIC means a polymer of the chlorinated 

vinyl monomer, which contains at least 57% chlorine. 

POLYVINYL CHLORIDE WELDING ADHESIVE or PVC WELDING ADHESIVE means any 

adhesive intended by the manufacturer for use in the welding of PVC plastic pipe. 

POROUS MATERIAL means a substance that has tiny openings, often microscopic, in which 

tluids may be absorbed or discharged, including, but not limited to, wood, paper and corrugated 

paperboard. For the purposes of 310 CMR 7.18(30), porous material does not include wood. 

REACTIVE ADHESIVE means adhesive systems composed, in part, of volatile monomers that 

react during the adhesive curing reaction, and, as a result, do not evolve from the film during use. 

These volatile components instead become integral parts of the adhesive through chemical 

reaction. At least 70% of the liquid components of the systenz, excluding water, react duruzg the 

process.

1 REACTYVE DILUENTmeans a liquid that is a V OC during application and one in that, throagh 

chemical and/or physic.al reactions, such as polymerization, 20% or more of the VOC becomes 

an integral part of a finished material. 

REINFORCED PLASTTC COMPOSITE means a cornposite material consisting of plastic 

reinforced with fibers. 

ROADWAY SEALANT means any sealant intended by the manufacturer for application to 

streets, highways and other similar surfaces, including, but not limited to, curbs, berms, 

driveways, and parking lots, 

RUBBER means any natural or manmade rubber substrate, including, but not limited to, 

styrene-butadiene rubber, polychloroprene (neoprene), butyl rubber, nitrile rubber, 

chlorosulfonated polyethylene, and ethylene propylene diene terpolymer. 

SCAQ means the South Coast Air Quality Management District of the State of Califomia. 

SEALANT means anymaterial with adhesive properties that is formulated primarily to fill, seal, 

waterproof or weatherproof gaps or joints between two surfaces. Sealants include caullcs. 

SEALANT PRIIvIER means any product intended by the manufacturer for application to a 

substrate, prior to the application of a sealant, to enhance the bonding process. 

SI-IEET RUBBER LININGINSTALLATION means the process of applying sheet rubber liners 

by hand to metal or plastic substrates to protect the underlying substrate from corrosion or 

abrasion. These operations also include laminating sheet rubber to fabric by hand. 

SINGLE-PLY ROOF MEMB RANE means a prefabricated single sheet of compounded synthetic 

material such as ethylene propylene diene monomer, polyvinyl chlorride, thermal polyolefin, or 

ketone ethylene ester that is applied in a single layer to a building roof. 

8/30/13 310 CMR - 250.38.6
310 CMR: DEPARTNiENT OF ENVIRONMENTAL PROTECTION 

7.18: continued 

SINGLE-PLY ROOF MEMBRANE ADHESIVE PRIMER means any primer intended by the 

manufacturer for use to clean and promote adhesion of the single-ply roof inembrane seams or 

splices prior to bonding. 

SINGLE-PLY ROOF MEMBRANE INSTALLATIONAND REPAIRADHESIVE means any 

adhesive intended and labeled by the manufacturer for use in the installation or repair of 

single-ply roof inembrane. Instailation includes, at a mfnimum, attaching the edge of the 

membrane to the edge of the roof and applying flashings to vents, pipes and ducts that prot.rude 

through the membrane. Repair includes, but is not limited to, gluing the edges oftorn membrane 

together, attaching a patch over a hole and reapplying flashings to vents, pipes, or ducts installed 

through the membrane. 

SINGLE-PLY ROOF MEMBRANE SEALANTmea.ns any sealant intended by the manufacturer 

for application to single-ply roof inembrane. 

SOLVENfi means organic compounds that are used as diluents, thinners, dissolvers, viscosity 

reducers, cleaning agents or other related uses. 

STRUCTURAL GLAZING ADIIESIVE means any adhesive intended by the manufacturer to 

apply glass, ceramic, metal, stone, or composite panels to exterior building frames. 

SUBFLOOR INSTALLATION means the installation of subflooring material over floor joists, 

including the constrnction of any load bearing j oists. Subflooring is covered by a finish surface 

material. 

SURFACE PREPA.RATION SOLVENT means any V OC containing material used to remove 

dirt, oil and other contaminants from a substrate prior to the application of a primer, adhesive, 

or sealant. 

^ THIN METAL LAMINATING ADHESIVE means any adhesive intended by the manufacturer 

for use in bonding multiple layers of inetal to metal or metal to Plastic in the production of 

electronic or magnetic components in which the thickness of the bond line(s) is less than 0.25 

mils. 

TIRE REPAIR means a process that incIudes expand'uzg a hole, tear, fissure or blemish in a tire 

casing by grinding or gouging, applying adhesive, and filling the hole or crevice with rubber. 

TIRE RETREAD ADHESIVEmeans any adhesive intended by the manufachtrer for application 

to the back of pre-cure tread rubber and to the casing and cushion rubber. Tire retread adhesive 

may also be used to seal bufl'ed tire casings to prevent oxidation whi le the tire is being prepared 

for a new tread. 

TRAFFIC MARKING TAPE means pre-formed reflective fihn intended by the manufacturer for 

application to streets, highways and other traffic-related surfaces, including, but not limited to 

curbs, berrn.s, driveways and parking lots. 

1RAFFIC ^ MARKING TAPE ADHESIVE PRIMER means any primer intended by the 

manufacturer for application to surfaces prior to installation of traffic marlcing tape. 

UNDERSEA-BASED WEAPONS SYSTEMS COMPONENTS means parts or completed units 

of any portion of a missile launching system used on undersea ships. 

WATERPROOF RESORCINOL GLUE means a two-part resorcinol-resin-based adhesive 

designed for applications where the bond line must be resistant to conditions of continuous 

immers'son in fresh or salt water. 

8/30/13 310 CIvIR - 250.38.7
310 CMR: DEPARTMENT OF ENVIRONMENI'AL PROTECTION 

7,18: continued 

(c) VOC Emission Requirements.

l. Except as provided in 310 CMR 7.18(30)(a) and (d), on and after January l, 2015, 

no person shall cnanufacture for sale in Massachusetts any adhesive, sealant, adhesive 

primer, or sealant primer that contains VOCs in excess of the applicable VOC content 

limits specified in 310 CMR 7.I 8(30)(c): Table 1 and Table 2. The VOC content limits 

specified in 310 CMR 7.18(30)(c): Table 1 and Table 2 apply to adhesives, sealants, 

adhesive primers, and sealant primers as applied. 

2. Except as provided in 310 CMR 7.18(30)(a) and (d), on and after September 1, 2015, 

no person shalI sell, supply, or offer for sale in Massachusetts any adhesive, sealant, 

adhesive primer, or sealant primer that contains VOCs in excess of the applicable VOC 

content limits specified in 310 CMR 7.18(30)(c): Table 1 and Table 2. The VOC 

content limits specified in 310 CMR 7.18(30)(c): Table 1 and Table 2 apply to 

adhesives, sealants, adhesive primers, and sealant primers as applied. 

3. Except as provided in 310 CMR 7.18(30)(a), (c)7., and (d), on and after May 1, 2016, 

no person shall use, apply, or solicit the use or application of any adhesive, sealant, 

adhesive primer, or sealant primer in Massachusetts that contains V OCs in excess of the 

applicable VOC content limits specified in 310 CMR 7.18(30)(c): Table I and Table 2_ 

The VOC content limits specified in 310 CMR 7.18(30)(c): Tabie 1 and Table 2 apply 

to adhesives; sealants, adhesive primers, and sealant primers as applied. 

4. The VOC content limits in 310 CMR 7.18(30)(c): Table 1 and Table 2 shail apply 

as follows: 

a. If an adhesive is used that is subject to a specific VOC content limit for such 

adhesive in 310 CMR 7.18(30)(c): Table 1, such specific limit shall apply rather than 

an adhesive-to-substrate limit specified in 310 CMR 7.18(30)(c): Table 2. 

b. If an adhesive is used to bond dissimilar substrates together, the VOC limit for 

the applicable substrate category in 310 CMR 7.18(30)(c): Table 2 with the highest 

VOC content shall be the limit for such use. 

5. No person subject to 310 CMR 7,18(30) shall' 

a. use any surface preparation solvent that contains a VOC content equal to or 

greater than 70 grams per liter of material except as provided in 310 CMR 

7.18(30)(c)5.b. for single-ply roofmg; — 

b. use any surface preparation solvent with a VOC composit.e vapor pressure, 

excluding water and exempt compounds, equal to or greater than 45 millimeter 

mercury (mm Hg) at 20'C for application of single-ply roofing; 

c. use any material with a VOC composite vapor pressure equal to or greater than 

45 mm Hg at 20'C for the removal of adhesives, sealants, adhesive primers, or 

sealant primers from any surface except as provided in 310 CMR 7.18(30)(c)5.d.; 

d. remave any adhesive, sealant, adhesive primer, or sealant primer from the parts 

of spray gun equipment unless the operation is performed: 

i. in an enclosed cleaning system, or equivalent cleaning system, which 

mininuzes solvent evaporation during the cleaning, rinsing, and draining 

operations; and, collects the spent solvent in a container with a tight-fitting cover 

so that it is available for reuse, recycling, or proper disposai; or 

ii. using a solvent with a VOC content less than or equal to 70 grams of VOC 

per liter of material; or 

iii. when soaking parts containing dried adhesive, in a closed container that 

remains closed except when adding or removing parts, and using a solvent with 

a composite vapor pressure that does not exceed 9.5 mm Hg at 20'C excluding 

water and exempt compounds. 

6. At a CTG-affected facility, any person subject to the requirements in 310 CMR 

7.18(30)(c ): Table I and Table 2 shall utilize one of the following application methods 

in applying an adhesive, sealant, adhesive primer, or sealant primer: 

a. electrostatic spray; 

b. HVLP spray; 

c. flow coat; 

d. roll coat or hand application, including non-spray application metbods similar to 

hand or mechanically powered caulking gun, brush, or direct hand application; 

8/30/13 310 CMR - 250.38.8
310 CPviR: DEPARTMENT OF ENVIRONMEN'.rAL PROTECTION 

7.18: continued

e. dip coat (including electrodeposition); 

f airless spray; 

g. air-assisted airless spray; 

h. any adhesive application method capable of achieving a transfer efficiency 

equivalent to or better than that achieved by HVLP spraying. 

7. Any person using or applying an adhesive, sealant, adhesive primer, or sealant primer 

may comply with 310 CMR 7.18(30)(c)3. and 5. by using add-on air pollution control 

equipment provided that the following requirements are met: 

a. the VOC eniissions from the use of all adhesives, sealants, adhesive primers, or 

sealant prrimers that exceed the applicable limits in 310 CMR 7.18(30)(c): Table 1 

and Table 2, and all surface preparation solvents a.nd cleanup solvents are reduced 

by an overall capture and contml efficiency of at least 85%, by weight; 

b. compliance with the requirements for emissions capture and control equipment 

is demonstrated according to 310 CMR 7.18(2)(e); 

c. operation records sufficient to demonstrate compliance with the requirements of 

310 CMR 7.18(30)(c)7. are maintained as required by 310 CMR 7.18(30)(e); and 

d. an emission control plan (ECP), pursuant to 310 CMR 7.18(20), is submitted to 

the Department for approval. 

8. Any person using or applying adhesives, sealants, adhesive primers, and sealant 

primers, shall comply with the following work practices: 

a. store all VOC-containing adhesives, sealants, adhesive primers, sealant primers, 

process-related waste materials, and VOC-containing materials used for surface 

preparation, cleaning, and rework in closed containers; 

b. ensure that mixing and storage containers used for VOC-containing adhesives, 

sealants, adhesive primers, sealant primers, process-related waste materials, and 

VOC-containingmaterials used for surface preparation, cleaning andreworkare kept 

closed at all times except when depositing or removing these materials; 

c. inimize spills of VOC-containing adhesives, sealants, adhesive primers, sealant 

primers, process-related waste materials, and VOC-containing matecials used for 

- surface preparation, cleaning, and rework; r

d. convey VOC-containing adhesives, sealants, adhesive primers, sealant primers, 

process-related waste materials, and VOC-containing materials used for surface 

preparation, cleaning, and rework from one location to another in closed containers r

or pipes; 

e. minimize VOC emissions from cleaning of application, storage, mixing, and 

conveying equipment by ensuring that: 

i. equipment cleaning is performed without atomizing the cleanup solvent; and, 

ii. all spent solvent is captured in closed containers; and 

f. store and dispose of all absorbent materials, such as cloth or paper, that are 

contaminated with VOC-containing adhesives, sealants, adhesive primers, sealant 

primers, process-related waste materials, or VOC-containing materials used for 

surface preparation, cleaning, and rework in non-absorbent containers that shall be r

kept closed except when placing materials in or removing materials from the 

container. 

9. No person shall solicit, require the use of, or specify the use or application of any 

adhesive, sealant, adhesive primer, or sealant primer if such use or application resuits in 

a violation of any provision of 310 CMR 7.18(30)(c). The prohibition of 310 CMR 

7.18(30)(c)9. shall apply to a11 contracts under which any adhesive, sealant, adhesive 

primer, or sealant primer is to be used at any location in Massachusetts. 

8/30/13 310 CMR - 250.38.9
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.I8: continued

310 CMR 7.18(30)(c): Table 1

VOC Content Limits for Adhesives, Sealants, Adhesive Primers, and Sealant Pruners 

Adhesive, Sealant, Adhesive Primer or Sealant Primer Category VOC Content Limit as Applied 

(grams/liter*) 

ADHESIVES 

ABS Welding 400 

Cerannic Tile Installation 130 

Computer Diskette Jacket Manufacturing 850 

Contact 250 

Cove Base Installation 150 

CPVC Welding 490 

Indoor Floor Covering Installation I50 

Metal to Urethane/Rubber Molding or Casting 850 

Multipurpose Construction 200 

Nonmembrane Roof Installation/Repair 300 

Outdoor Floor Covering Installation 250 

Perimeter Bonded Sheet Vinyl Flooring Installation 660 

Plastic Cernent Welding (Non ABS) 500 

PVC Welding 510 

Sheet Rubber Lining Installation 850 

Single-ply Roof Membrane Installation/Repair 250 

Structural Glazing 100 

Thin Metal Laminating 780 

Tire Retread ] 00 

Waterproof Resorcinol Glue ] 70 

SEALAIVTS 

Architectural 250 

Marine Deck 760 

Nonmembrane Roof Installation/Repair 300 

Roadway 250 

Single-ply Roof Membrane 450 

Other 420 

ADHESI'VE PRIMERS 

Automotive Glass 700 

Plastic Cement Welding 650 

Single-ply Roof Membrane 250 

Traffic Marking Tape 150 

Other 250 

SEALANT PWMERS 

Non-porous Architectural 250 

Porous Architectural 775 

Marine Deck 760 

Other 750

* The VOC content is determined as the weight of volatile compounds, less water and exempt compounds, 

as specified in 310 CMR 7.18(30)(f): Compliance Procedures and Test Methods. 

8/30/13 310 CMR - 250.38.10 
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.18: continued

310 CMR 7.18(30)(c): Table 2


VOC Content Limit for Adbesives Applied to Particular Substrates 

Substrate Category VOC Content Limit as Applied (grams/liter*) 

Flexible Vinyl 250 

Fiberglass 200 

Metal 30 

Porous Material 120 

Reinforced Plastic Composite 200 

Rubber 250 

Wood 30 

Other Substrates 250

* The VOC content is determined as the weight of volatile compounds, less. water and exempt 

compounds, as specified in 310 CMR 7.18(30)(f): Compliance Procedures and Test Methods. 

(d) Exemptions. 

i. 310 CMR 7.18(30)(c)1. and 2. shall not apply to the manufacture, sale, supplying, or 

offering for sale of an adhesive, sea.lant, adhesive pri.mer, or sealant primer provided that; 

a. the adhesive, sealaut, adhesive primer, or sealant primer is for use in a facility that 

utilizas add-on air pollution control equipment to achieve compliance pursuant to 

310 CMR 7.18(30)(c)7.; and 

b. the manufactnrer, distributor, seller, supplier and person offering for sale keep 

records demonstrating that the adhesive, sealant, adhesive piimer, or sealant primer 

is intended for use in a facility that util'szes add-on air pollution control equipment to 

achieve compliance pursuant to 310 CMR 7.18(30)(c)7. 

2. 310 CMR 7.18(30) shall not apply to the manufacture, sale, supplying, offering for 

^ sale, or use ofadhesives, sealants, adhesive primers, and sealantprimers being tested or 

evaiva.ted in any research and development, quality assurance, or analytical laboratory, 

except that the requirements of 310 CMR 7.18(30)(c)8. and (e)2. shall apply. 

3. 310 CMR 7.18(30) shall not apply to the use or application of: 

a. cyanoacryl ate adhesives, except that the requirements of 310 CMR 7.18 (3 0)(c)8. 

shall apply; 

b. adhesives, sealants, adhesive primers, and sealant primers that are sold or 

supplied by the manufacturer or distributor in containers with a net volume of 16 

fluid ounces or less, or a net weight of one pound or less, except that the 

requirements of 310 CMR 7.18(30)(c)8. shall apply. This exemption shall not apply 

to plastic cement welding adhesives. 

c. adhesives, sealants, adhesive primers, and sealant primers that are used in the 

assembly, repair, and manufacture of aerospace or undersea-based weapon systems 

components, except that the requirements of 310 CMR 7.18(30)(c)8. shall apply; 

d. adhesives, sealants, adhesive primers, and sealant prirners that are used in the 

manufacture of inedical equipment, except that the requirements of 310 CMR 

7.18(30)(c)8. shall apply; and 

e. adhesives, sealant.s, adhesive primers, and sealant primers in plaque laminating 

operations in which adhesives are used to bond clear, polyester acetate laminate to 

wood with lamination equipmeni installed prior to July 1, 1992, except that the 

requirements of 310 CMR 7.18(30)(c)8. shall apply. 

4. 310 CMR 7.18(30)(c)3. and 5. shall not apply to the use or application of adhesives, 

sealants, adhesive primers, and sealant primers at a facility in which the total 

facility-wide VOC emissions from all adhesives, seaiants, adhesive primeis, and sealant 

primers used are less than 200 pounds per calendar year, or an equivalent volume. 

Any person claiming this exemption shall maintain suffcient monthly operational 

records in accordance with 310 CMR 7.18(30)(e) to demonstrate compliance with this 

exemption. 

8/30/13	 310 CMR - 250.38.11 
310 CMR: DEPAR'IIv1ENT OF ENVIRONMENTAL PROTECTION 

7.18: continued

5. 310 CMR 7.18(30)(c)3. and 5. shall not apply to the use or application of adhesives, - 

sealants, adhesive primers, and sealant primers at a facility in which the facility-wide ( 

total volume of adhesives, sealants, adhesive primers, sealant primers, cleanup solvents, - 

and surface preparation solvents does not exceed 55 gallons per calendar year. Any 

person claiming this exemption shall maintain sufficient monthly operational records in 

accordance with 310 CMR 7.18(30)(e) to demonstrate compliance wfth this exemption. 

(e) Recordkeeping Reauirements. 

1. Each person subject to 310 CMR 7.18(30) shall maintain records demonstrating 

compliance with 310 CMR 7.18(30), including, but not limited to, the following 

information: 

a. for the manufacturer of any adhesive, sealant, adhesive primer, or sealant primer: 

i. for each product, the product name, product category according to 310 CMR 

7.18(30)(c): Table 1, and Table 2., the V OC content of each product as supplied, 

and the type of product application; 

ii. the vohune of each product sold in Massachusetts in containers with a net 

volume greater than 16 fluid ounces or a net weight of more than one pound; 

iii. all records required pursuant to 310 CMR 7.18(30)(d)l.b.; and 

iv. all records pertaining to compliance testing pursuant to 310 CMR 

7.18(30)(h); 

b, for any person wlio sells, supplies, or offers for sale any adhesive, sealant, 

adhesive primer, or sealant primer: 

i. for each product, the product name, product category according to 310 CMR 

7.18(30)(c): Table 1, and Table 2., the VOC content of each product as supplied, 

and the type of product application; 

ii. the volume of each product sold in Massachusetts in containers with a net 

volume greater than 16 fluid ounces or a net weight of more than one pound; 

iii. all records required pursuant to 310 CMR 7.18(30)(d)l.b.; and 

iv. any information required pursuant to 310 CMR 7.18(30)(e)2., if applicable; 

c. for any person who uses, or applies any adhesive, sealant, adhesive primer, or

sealant primer: 

i. a data sheet or materials list that provides the material name, product category 

according to 310 CMR 7.18(30)(c): Table 1, and Table 2., manufacturer 

identification, the VOC content of each product as supplied, and type of material 

application; 

ii. a list of each adhesive, sealant, adhesive primer, sealant primer, cleanup 

solvent, and surface preparation solvent in use and in storage; 

iii. a list of reducers, catalysts, or other components used and the as applied mix 

ratio; 

iv. the finaI VOC content of any adhesive, sealant, adhesive primer, or sealant 

primer as applied; 

v. the VOC content and vapor pressure, of any cleanup solvents, surface 

preparation solvents, reducers and catalysts, and VOC-containing materials used 

in the preparation, application, rework, and cleaning processes related to use or 

application of any adhesive, sealant, adhesive primer, or sealant primer; 

vi. the monthly volume of each adhesive, sealant, adhesive prirner, sealant 

primer, cleanup solvent, and surface preparation solvent used; 

vii for any person who complies with 310 CMR 7.18(30)(6)3. and S. through 

the use of add-on air pollution control equipment, the key operating parameters 

forthe control equipment, including butnot limited to, the following information: 

(i) the volume used per day of cleanup solvents, surface preparation 

solvents, and each adhesive, sealant, adhesive primer, and sealant primer that 

is subject to a VOC content limit specified in 310 CMR 7.18(30)(c): Table 1 

and Table 2; and 

8/30/13 310 CMR- 250.38.12
310 C2vIR: DEPARTMENT OF ENVIRON;v1ENTAL PROTECTION 

7.18: continued

(ii) all records sufFicient to demonstrate complianceo with requirements 

specified in 310 CMR 7.18(30)(c)7., (2}(e), and (20); 

viii. all records pertaining to compliance testing pursuant to 310 CMR 

7.18(30)(h); and 

ix. the monthly total facility-wide VOC emissions from ail adhesives, sealants, 

adhesive primers, and sealant primers used or applied at any facility where a 

person is claiming an exemption pursuant to 310 CMR 7.18(30)(d)4. 

2. For adhesives, sealants, adhesive primers, and sealant primers exempted under 

310 CMR 7.18(30)(d)2., the person supplying the adhesives, sealants, adhesive primers, 

or sealant primers to the research and development, quality assurance, or analytical 

laboratory for testing or evaluation shall maintain records of all such materials supplied, 

including, but not limited to, the product name, the product category of the material, type 

of application, the VOC content of each material, and the volume of products supplied 

to the research and development, quality assurrance, or analytical laboratory for testing 

or evaluation. 

3. All records required to demonstrate compliance with 310 CMR 7.18(30) shall be 

maintained for three years from the date such record is created and shall be made 

available to the Department upon request. 

(f) Compliance Procedures And Test Methods. 

1. VOC content (grams per liter and percent by weight) shall be determined according 

to the following calculaflons: 

a. For adhesives, sealants, adhesive primers, and sealant primers that do not contain 

reactive diluents, grams of VOC per liter of material, less water and exempt 

compounds, shail be calculated according to the following equation: 

Gram.s of VOC per liter of material = (Ws - Ww - We) /(Vm - Vw - Ve) 

Where: 

^ Ws = weight of volatile compounds, in grams 

Ww = weight of water, in grams 

We = weight of exempt compounds, in grams 

Vm = volume of material, in liters 

Vw = volume of water, in liters 

Ve = volume of exempt compounds, in liters 

8/30/13	 310 CMR - 250.38.13
310 CMR: DEPARTMENT OF ENViRONMENTAL PROTECTION 

7.18: continued

b. For adhesives, sealants, adhesive primers, and sealant primers that contain 

reactive diluents, the VOC content of the material is determined after curing. The 

grams of VOC per liter of material, less water and exempt compounds, shall be 

calculated according to the following equation: 

Grams of VOC per liter of material =(Wrs - Wrw - Wre) I(Vrm - Vrw - Vre) 

W'here: 

Wrs = weight of volatile compounds not consumed during curing, in grams 

Wrw = weight of water not consumed during curing, in grams 

Wre = weight of exempt compounds not consumed during curing, in grams 

Vrm = volume of material not consumed during curing, in liters 

Vrw = volume of water not consumed during curing, in liters 

Vre = volume of exempt compounds not consumed during curing, in liters 

C. For clean-up solvents, surface preparation solvents, low-solids adhesives, 

low-solids sealants, low-solids adhesive primers, and low-solids sealant primers, 

grams of VOC per liter of material shall be calculated according to the following 

equation: 

Grams of VOC per liter of material = (Ws - Ww - We) / Vm 

Where: 

Ws = weight of volatile compounds, in grams 

Ww = weight of water, in grams 

We = weight of exempt compounds, in grams 

Vm = volume of material, in liters 

d. Percent VOC by weight shall be calculated according to the following equation: 

% VOC by weight = (Wv / W) x 100 

Where: 

Wv = weight of VOCs, in grams 

W = weight of material, in grams 

2. The following tests and procedures shall be used to determine the properties of 

adhesives, seaiants, adhesive primers, sealant primers, cleanup solvents, and surface 

preparation solvents, and any component thereof for the purpose of compliance 

verification with 310 CMR 7.18(30): 

a. Except as provided in 310 CMR 7.18(30)(f)2.c., and d., the VOC and solids 

content of all non-aerosol adhesives, adhesive primers, sealants, sealant primers, 

surface preparation solvents, and cleanup solvents shall be deterrnined using U.S. 

EPA Reference Method 24, as identified in 40 CFR 60: Appendiuc A, or SCAQMI] 

Method 304. The procedure for reactive adhesives in Appendix A of the NESHAP 

for surface coating of plastic parLs (40 CFR Part 63, Subpart PPPP) shall be used to 

determine the VOC content of reactive adhesives. 

8/30/13 310 CMR - 250.38.14
310 CMR: DEPARTMENT OF ENVIRONMBNTAL PROTECTION 

7.18: continued

b. The volatile organic content of exempt compounds shall be determined using the 

applicable ASTM International test method or any other method approved by the 

Department and EPA 

c. The VOC content of any plastic cement welding adhesive or plastic cement 

welding primer shall be detennined using SCAQMD Method 316A. 

d. The amount of the VOC that becomes an integral part of the finished materials 

shall be determined using SCAQMD Method 316A, 

e. The composite vapor pressure of organic compounds in surface preparation 

solvents and cleanup solvents shall be determined by quantifying the amount of each 

compound in the blend using the appiicable ASTM Intemational gas 

chromatographic analysis test method for organics and for water content, or any other 

method approved by t.he Department and the EPA, amd the following equation: 

n	n	n 

Ppc= LE(R')(VpYA& L(W„lMw +E(W /Mwe)+E(W,IMw;)^ 

i=I	i=1	i = I 

Where: 

Ppc = VOC composite partial pressure at 20 C, in mm Hg 

W; = Weight of the "i"th VOC compound, in grams, as determined by the applicable 

ASTM Intemational test method or any other method approved by the 

Department and EPA 

W W = Weight of water, in grams as determined by the applicable ASTM International test 

method or any other method approved by the Department and EPA 

WC = Weight of the "i"th exempt compound, in grams, as determined by the applicable 

- ASTM Intemational test method or any other method approved by the 

Department and the EPA 

Mw; = Molecular weight of the "i"th VOC compound, in gra.ms per g-mole, as given in 

chemical reference literature 

Mwq, = Molecular weight of water, 18 grams per g-mole 

Mw, = Molecular weight of the "i"th exempt compound, in grams per g-mote, as given 

in chemical reference literature 

Vp; = Vapor pressure of the "i"th VOC compound at 20'C, in mm Hg, as detennined 

by 310 CMR7.18(30)(e)2.f 

f. The vapor pressure of each single component compound may be determined from 

the applicable ASTM Intemational test method, or any other method approved by the 

Department and EPA, or may be obtained from any of the following sources: 

i, the most recent edition of The Vapor Pressure of Pure Substances, Boublik, 

Fried, and Hala; Elsevier Scientific Publishing Company, New York; 

ii. the most recent edition of Perry's Chemical Engineer's Handbook, McGrawI-Iill Book Company; 

iii. the most recent edition of CRC Handbook of Chemistry and Physics, 

Chemical Rubber Publishing Company; 

iv. the most recent edition of Lange's Handbook of Chemistry, John Dean, 

editor, McGraw-Hill Book Company; or 

v. additional sources approved by the SCAQMD or other Califomia air districts. 

3. If air pollution control equipment is used to meet the requirements of 310 CMR 

7.18(30), the owner or operator shall make the following determinations: 

8/30/13	 310 CMR - 250.38.15
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.18: continued

a. The measurement of capture efftciency shall be conducted and reported in	 - 

acc.ordance with the EPA Technical Document, Guidelines for Determining Capture 

Efficiency, issued January 9, 1995; and

b. The control efficiency shall be determined in accordance with U.S. EPA Methods 

25, 25A, 25B or CARB Method 100. 

(g) Container LabelinQ. 

1. The manufacturer of an adhesive, sealant, adhesive primer, or sealant primer subject 

to 310 CMR 7.18(30) shall display the following inforination on the product container 

or label: 

a. a stntement of the manufacturer's recommendation regarding thinning, reducing, 

or mixing of the product, except that: 

i. this requirement does not apply to the thinning of a product with water; and 

ii. if thinning of the product prior to use is not necessary, the recommendation 

must specify that the product is to be applied without thinning; 

b. the maximum or the actual VOC content of the product in accordance with 

310 C1vIR 7.18(30)(f), as supplied, displayed in grams of VOC per liter of product; 

and 

c. the maximum or the actuat VOC content of the product in accordance with 

310 CMR 7.18(30)(f), which includes the manufacturer's maximum recornmendation 

for thinning, as applied, displayed in grams of VOC per liter of product. 

(h) Com_pliance Testing_Reguirements. 

1. The manufacturer of an adhesive, adhesive primer, sealant, or sealant primer subject 

to 310 CMR 7.18(30) shall determine compliance with the VOC content requirements 

of 310 CMR 7.18(30) in accordance with 310 CIv1R 7.18(30)(f). 

2. Any person wbo uses or applies an adhesive, adhesive primer, sealant, or sealant 

primer subject to 310 CMR 7.18(30) shall determine compliance with the VOC content 

requirements of 310 CMR 7.18(30) according to the following: 

a. manufacturer's labeling and product technical data information; or 

b. testing in accordanee with provisions of 310 CMR 7.18(30)(f).	 - 

3. Any person utilizing an air pollution controI device shalI, upon request of the	 1 

Department, perform or have performed tests to demonstrate compliance with 310 CMR 	 - 

7.18(30)(c)7. 

4. Any person utilizing a spray gun system shall, upon request of the Departrnent, 

perform or have performed tests to evaluate the spray gun cleaning system. 

8/30/13	 310 CMR - 250.38.16
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

7.19: U Reasonablv Available CQntrol Technology (RACT) for Sources of Oxides of Nitro¢en (NQ) 

(1) Ap,plicability. 

(a) 310 CMR 7.19 shall apply in its entirety to any person who owns, leases, operates or 

controls any facility having potential to emit, before application of air pollution control 

equipment, greater than or equal to 50 tons per year (TPY) of NOx. 

(b) Any person who owns, leases, operates or controls a facility subjectto 310 C1viR 7.19, 

which has had actual emissions greater than or equal to 50 TPY in any year after 1989 shall 

continue to comply with all requ'uements of 310 CMR 7.19 even if emissions from the 

subject facility no longer exceed the 50 TPY applicability requirement of 310 CMR 7.19. 

(c) The requirements of 310 CMR 7.19 do not apply to: 

1. Any person subject to 310 CMR 7.19 wbo is able to demonstrate to the Department 

that, affter calendar year 1989, the facility has not emitted 50 TPY or more of NOx, 

provided the person obtains a permit restriction from the Depastment under 310 CMR 

7.02(9) (Restricted Emission Status) by May 31, 1995 which restricts the potential 

emissions to below 50 TPY and compiies with the permit restriction by May 31, 1995. 

Persons who have obtained an RES prior to May 31, 1995, may notify the Department 

of their intent to operate in compliance with one of the rolling 12-month emission caps 

under 310 CMR 7.02(11)(c) or (f) as a means of limiting the facility's potential emissions 

to 25 TPY or less of NOx. 

2. Any emissions unit that has a permit restriction prohibiting it firom operating between 

May 1 and September 30 of each year and restricting potential emissions to less than 50 

tons per year from the emissions unit. 

3. Any boiler having an energy input capacity of less than 20,000,000 Btu per hour 

provided that potential emissions from the emissions unit are less than 50 TPY of NOx. 

4. Any stationary combustion turbine having an energy input capacity of less than 

25,000,000 Btu per hour. 

S. Any stationary reciprocat9ng internal combustion engine having an energy input 

capacity of less than 3,000,000 Btu per hour. 

6. Any glass melting furnace having a maximuas production rate of less than 14 tons of 

glass removed from the fumace per day. 

^. 7. Any other furnace, ldln, dryer or oven having potential emissions less than 25 T'PY 

of NOx. 

8. Any municipal waste combustor unit having potential emissions of less than 25 TPY 

of xox 4 

9. Any person who, since January 1,1990, obtains a plan approval for an emission unit 

under 310 CMR 7.02 where said approval establishes BACT or LAER to be no less 

stringent than RACT for a facility size end type as defined in 310 CMR 7.19. Such 

person shall comply with the BACT or LAER established in the plan approval, and is not 

subject to RACT standards of 310 CMR 7.19 as may otherwise be applicable, until the 

applicable RA CT standards of 310 CMR 7.19 become more stringent than the BACT or 

LAER established in the plan approval, at which point the person shall become subject 

to the updated RACT standards. 

(2) General Provisions. 

(a) After Tv1ay 31, 1995, any person subject to 310 CMR 7.19 shall achieve and maintain 

cwntinuous compliance with all requirements of 310 CMR 7.19. 

(b) Any person unable to comply with emission standards under 310 CMR 7.19(4), (5), (7), 

(8) or (9) may submit an applica6on under 310 CMR 7.19(3) for a source specific alternative 

8/30/13	 310 CMR 250.39
310 CiviR: DEPARTMENT OF ENVIRONMBNTAL PROTECTION 

7.19: continued

RACT; said application to be submitted by April l, 1994 for 310 CMR 7.19(4), and by 

June 1, 1994 for 310 CMR 7.19(5), (7) or (8) and by May 1, 1999 for 310 CMR 7.19(9) for 	^ 

Department, and EPA approval. For any person subject to 310 CMR 7.08(2) and is required 

to submit an Emission Control Plan under 310 CMR 7.08(2), a separate Emission Control 

Plan to demonstrate compliance with 310 CMR 7.19(9) is not required. On and after May 

31, 1995, a person approved under 310 CMR 7.19(2)(b) must comply with the approved 

source specific altemative RACT. Such application must evaluate each of the following NO, 

controls, where it may be applied, and its technological and economic feasibility. 

1. low-NO, burners; 

2. close coupled and separated overfire air; 

3. flue gas recirculation; 

4. burners out of service; 

5. steam/water injection; 

6. dry low-NO„ combustors; 

7. ignition timing retard; 

8. separate circuit after-cooling; 

9. fuel emulsification; 

10. fuel switching; 

11. selective noncatalytic reduction (SNCR); 

12. selective catalytic reduction (SCR); 

13. nonselective catalytic reduction (NSCR). 

14. use of emission reduction credits (ERCs) certified by t.he Department pursuant to 

310 CMR 7.00: Appendfx 8(3), or pursuant to the interstate trading provisions at 310 

CMR 7.00: Appendix B(3)(f). 

Any person approved under 310 C1vSR 7.19(2)(b) must comply with the requirements of 

310 CMR 7.19(13). 

(c) An emission unit subject to 310 CMR 7.19 shall be operated under conditions 

acceptable to the Deparnnent and EPA, and consistent with the operational parameters and 

limits established in the approved emission control plan. 

(d) Any person subject to 310 CMR 7.19 may eiect to comply with a more stringent NOx

limit in order to; create Emission Reduction Credits under 310 CMR 7.00: Appendix B(3); 

create emissions offsets for use under the provisions of 310 CMR 7.00: Appendix A(6); 

reduce the net emissions increase below the significance level under -310 CiVIR 7.00: 

Appendiz A(3); ernissions average under 310 CMR 7.19(14) and 7.00: Appendix B(4). 

(e) Any person subject to a more stringent eniission standard either contained in a plan 

approval (issued pursuant to the Department's regulations) or in a PSD permit or contained 

in a Department regulation shall remain subject to that more stringent eniission standard. 

(f) Seasonal fuel switching, After May 31, 1995, any person owning, leasing, operating or 

controlling an emissions unit subject to an emissions standard contained in 310 CMR 7.19 

may choose to have the emissions unit comply with 310 CMR 7.19(2)(f) instead of an 

emissions linsit contained in 310 CMR 7.19(4) tbrough (11) by fuel switching. 

1. The 12 month rolling average NOx emissions standard, in pounds per million Btu, 

shall be less than or equal to the NOx emissions standard calculated in the following 

manner. 

a. The annual lirnit shall be determined according to the following equation: 

(HIx)X(ES,)+ (HIz)x(ES,).... + (HIr,)x(ESN) 

ASN,, =

HI,	+ HI, .... +	H1N 

ASNOx	is the annual standard for nitrogen oxides derived from all fuels fired during the 

baseyear. 

HIy	is the heat input for fuel 1 in Btu during the baseyear. 

ES, is the emissions standard for fuel 1 contained in 310 CMR 7.19(4) through (11), 

except that for tangential oil or oil and gas fired boilers, the emissions standard is 0.2 

pounds per niillion Btu. 

N is	the number of fuels burned during the baseyear. 

1/22/98	 310 CMR 250.40
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

Appendix B: continued 

7. For facilities that have bubbles that were approved by the Department under 

3 30 CMR 7.18(2)(b) and for which the applica.tion was received prior to May 25, 1988, 

t.he approved bubble conditions, recordkeeping and reporting requirements shall remain 

in force and no revision of said bubble approvals is required by 310 CMR 

7.00: Appendzx B(4), unless and until the facility seeks to have the existing bubble 

approval modified. At that time, the request to modify the bubble shall be subject to 

310 CMR 7.00: Appendfx B(4). However,. with respect to those bubbles that were 

approved by the Department under 310 CIvfR 7.18(2)(b) and for which the application 

was received prior to May 25, 1988, modification of said bubbles solely to incorporate 

a more stringent Reasonably Available Control Technology adopted pursuant to 

310 CMR 7.18 shall not make the facility subject to 310 CMR 7.00: Appendfx B(4). 

(c) General Bubble Requiremen^,.s. 

1. Compliance with ernission requirements, through use of a bubble, will be approved 

by the Department providing that: 

a. The bubble has been approved by the Deparhnent in accordance with 310 CMR 

7.00 Appendiz B(4). 

b. At no time may the use of a bubble result in a violation of a National Ambient Air 

Quality Standard for nitrogen dioxide (NO2), particulate matter or carbon monoxide 

(CO) as determined by modelling. 

c. At no time may the use of a bubble result in total VOC or NO„ emissions at a 

facility exceeding the applicable emission limitations in 310 CMR 7.18 or 7.19 

averaged over a 24 hour period (except as provided for in 310 CMR 7.00 Appendix 

B(4)(e)5.) for emission units in the bubble. 

d. At no time may use of a bubble result in total VOC emissions exceeding a 

monthly facility emission baseline as calculated under 310 CMR. 7.00: Appendrx 

B(4)(e)2. At no time may use of a bubble with an averaging tirne longer than 24 

hours result in NOx emissions excecding the daily cap as calculated in 310 CMR 7.00 

Appendix B(4)(e)5. 

e. Organic compounds, that are specifically excluded from the definition of VOC 

in 310 CMR 7.00, shall not be used to emission average. 

_ f. At no tirne may use of a bubble under 310 CMR 7.00 Appendix B(4) be used to 

meet the requirements of, or result in an increase in emissions for any emission unit 

above a New Source Performance Standard (NSPS), National Emission Standazd for 

Haz.ardous Air Pollutants (NESflAP), the requirement for Best Available ControI 

Technology(BACT), the requirement for Lowest Achievable Emission Rate (LAER) 

or Maximum Achievable Control Technology (MACT). 

g. Emission reductions used in a bubble must be real in that the emission reductions 

must be fzom an emission unit which actually operated within the two year time 

period inunediately preceding the application for the bubble. 

h. Emission reductions used in a bubble must be permanent and the amount and 

duration of the reduction must be documented. 

i. Emission reductions used in the bubble must be quantifiable with a replicable 

method for calculating the amount of reduction, as well as, a replicable method for 

assessing compliance with the emission rates after the reduction has been made. 

j. Emission limitations must be federally enforceable and will be documented in the 

facility's emission control plan approval issued by the Department. 

(d) Application for a Bubble. 

1. Application for approval of an emission bubble shall be made as part of the submittal 

to the Department of an emission control plari pursuant to either 310 CMR 7.18(20) or 

310 CMR 7.19(3) and shall include: 

a. Identification of all emission units to be included in the bubble, and 

b. Demonstration of how compliance will be met and maintained, and 

c. Demonstration that aII emission units included in the bubble are operated by or 

under the conttol of the same economic entity, and 

d. Demonstration that the bubble will not increase emissions of an emission unit 

included in the bubble above the following standards as applicable: 

i. A Best Available Control Technology (BACT) determina6on pursuant to 

310 CMR 7.02(3), or 40 CFR 52.21, or 

ii. A Lowest Achievable Emission Rate (LAER) determination pursuant to

_ 310 CMR 7.00 Appendix A, or 

iii. A Federal New Source Performance Standard (NSPS [40 CFR Part 60]), or 

8/30/13	 310 CMR - 250.128.1
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 

Appcndix B: continued

iv. A National Emission Standard for Hazardous A.ir Pollutants (NESHAP 

[40 CPR Part 611), or

v. A Maximum Achievable Control Technology (MAC-0 determination 

pursuant to 40 CFR Part 63. 

e. For bubbles to cornply with 310 CMR 7.19, evidence that the bubble wiII not 

cause an exceedance of the National Ambient Air Quality Srandard for nitzogen 

dioxide (NO,) or carbon monoxide (CO). 

f. For facilities wishing to bubble either VOC or NO = emissions, documentation 

that the bubble will result in total VOC or NO= emissions, respectively, in 

compiiance with the applicable emission limitation on a 24-hour basis as 

calculated under 310 CMR 7.00: Appendix B(4)(e)1. Exceptions to this averaging 

period may be granted by the Department as provided for in 310 CMR 7.00 

Appendfz B(4)(e)5. For VOC bubbles, the person must document that the bubble 

will result in total VOC emissions below the emissions baseline on a monthly 

basis. 

g. Documentation that emission reductions used in the bubble are real, 

quantifiable, permanent and fetlerally enforceable. 

2. After approval of 310 CMR 7.00 Appendix B(4) by EPA into the Massachusetts 

SIP, certain applications to bubble will still require EPA approvaL Persons wishing 

to include mobile and area sources in a bubble are required to have the approval of 

the EPA prior to inclusion of those sources in the bubble. 

3. Sources subject to enforcement action require the approval of EPA prior to use 

of a bubble to cornply with 310 CMR 7.18 or 7.19. Tf EPA does not object to the use 

of a bubble by any facility subject to enforcement action during the public convnent 

period, then this will be taken as EPA approval to bubble. 

(e) Bubble Calculation. 

1. In order to comply with a bubble for VOC or NOz , the combined actual emissions 

(AcE) over a daily (or other period as aIlowed by 310 CMR 7.00 Appendi.x B(4)(e)5.) 

frorn all emission units in the bubble must be less than or equal to the allowable 

enlission total (AlE) as determined by the following equations:	 (' 

AcE =(Ac, x Bl) +(Ac,, x B,) +(...) +(AcA x B.) 

AIE = (A, x )3,) + (Az x B2) + ( ... ) + (A, x Bn) + ERC 

Where: 

AcE = the combined actual emissions from the facility in pounds per day. 

AIE = the allowable emissions from the facility in pounds per day. 

Ac„ AcZ,..Ac, = the actual emission rate of each emission unit (e.g. for VOC; pounds of 

VOC per gallon of solids applied; for NO=, pounds of NO. per million Btu heat input) 

included in the bubble. Wheae a single CEMS is used to determine the emission rate of 

more than one emission unit, this wiIl be a combined emission rate. 

A,, A,, ,...A, = the most stringent applicable ernission linzitation for each unit of production 

(e.g. for VOC; pounds of VOC per gallon of solids applied; and for NO x, pounds of NOx 

per million Btu heat input). 

B,,BZ,...Bn = the actual number of production units processed each day (e.g. for VOC: 

gallons of solids applied; for NO;; million Btu heat input per day). 

ERC = the daily quantity of federally enforceable emission reduction cretiits (ERCs) from 

sources of either VOC or NO= emissions, certifred by the Department under 310 CMR 

7.00 Appendix B(3). 

2. In addition to 310 CMR 7.00 Appendix B(4)(e)1., in order to comply with a bubble 

for VOC the total combined actual emissions, over a calendar month, from aIt 

emission units in the bubble must be less than the baseline emissions determined by 

the following equation: 

1/27/95	 310 CMR - 250.128.2
FINAL REGULATIOVS	 8/30/2013 

[Amend 310 CMR 7.18 (1), 7.18(2)(a), 7.18(2)(b), and 7.18(2)(f) as follows.] 

310 CMR 7.18 

(1) U Applicability and HandlinQ Requirements. 

(a) 310 CMR 7.18 shall apply in its entirety to persons who own, lease, operate or control any 

facility which emits volatile organic compounds (VOC). 

(b) For purposes of 310 CMR 7.18, except for 310 CMR 7.18(30). VOC shall include both VOC 

as defined in 310 CMR 7.00 and Halogenated Organic Compounds (HOC) as defined in 310 CMR 

7.00.

(c) On or after July 1, 1980 any person ownina, leasing, operating, or controlling a facility 

regulated under 310 CMR 7.18, shall store and dispose of votatile organic compounds in a manner 

which will minimize evaporation to the atmosphere. Proper storage shall be in a container with a 

tight fitting cover. Proper disposal shall include incineration in an incinerator approved by the 

Department, transfer to another person licensed by the Department to handle VOC, or any other 

equivalent method approved by the Department. 

(d) Any person who owns, leases, operates, or controls a facility which is or becomes subject to 

310 CMR 7.18, except for those persons solelv subiect to 310 CMR 7.18(30) unless the facility is a 

CTG-affected facilitv as defrned under 310 C1V1R 7 18(30)(b) Definitions shall continue to comply 

with all requirements of 310 CMR 7.18, even if emissions from the subject facility no longer exceed 

applicability requirements of 310 CMR 7.18. 

(e) Any person not regulated by 310 CMR 7.18, prior to August 15, 1989 shall achieve 

compliance with the applicable seetion(s) of 310 CMR 7.18 by August 15, 1990. 

(f) Any person who, since January 1, 1990, obtains a plan approval for an emission unit under 

310 CMR 7.02 where said approval establishes BACT or LAER to be no less stringent than RACT 

for a facility size and type as defined in 310 CMR 7.18; shall comply with the BACT or LAER-as 

de#i+nec# established in the plan approval, and is not subject to RACT standards of 310 CMR 7.18 

this saetion as may otherwise be applicable, until the applicable RACT standards of 310 CMR 7.18 

become more strineent than the BACT or LAER established in the plan approval at which point the 

person shall beconlc subject to the updated RACT standards. 

(2) U Compliance with Emission Limitations. 

(a) Any person subject to 310 CMR 7.18 shall maintain continuous compliance with all 

requirements of 310 CMR 7.18. Except as provided for in 310 CMR 7.18(2)(b) and (g), compliance 

averaging times are based on the control nlethod selected to meet the applicable emission 

limitations and EPA test methods as codified in 40 CFR Part 60, or other methods approved by the 

Department and EPA, and are as follows: 

Compliance Method 

Coating Reformulation 

Solvent destruction or solvent 

recovery except carbon 

adsorption

EPA Reference Test Method 

^ 24

Test Method Averaging Time 

instantaneous 

25

	

3hours 

Carbon adsorption 25 or other as appropriate the length on the adsorption 

cycle or 24-hours, whichever is 

less. 

i

Reference Method 24 shall use a 60 minute bake time at I 10°C ± 5°C. 

(b) Persons owning, leasing, or controlling the operation at a specific site location of any 

individual or combination of coating lines described in 310 CMR 7.18(3) through (7), (10) through 

(12), (14) through (16), and (21) through (24) may, for compliance with dates specified in 310 

CMR 7.18Q,)^) throu^?h (7). (10) through (12 ), (14). `^ throuizh (16), and (21) through (24), 

and the emissions linlitations contained in 310 CMR 7.18(3) through (7), (10) through (12), (14) 

tllrough (16), and (21) through (24), subinit a proposed plan containing a mix of emission limits for 

such coating lines such that the total emissions from all coating lines is less than or equal to the sum
EINAL REGULATIONS 8/30/2013 

of emissions that would result from each individual coating line complying with the applicable 

emission limitation contained in 310 CMR 7.18(3) through (7), (10) through (12), (14) through (16), 

and (21) through (24). 

Submittal of such a proposed plan is subject to review and approval by the Department and 

must provide for compliance consistent with 310 CMR 7.18t3j¢^3)(a} throuQh (7), (10) through 

(12), (14) through (16), and (21),'2--r r 21 ,'..3) through r^r-(24). z

Any ^ee^rson complying with the requirements of 310 CMR 7.18 by emissions 

averaging under 310 CMR 7. l8(2)(b), is also subject to the requirements of 310 CMR 7.00: 

Appendix B(4). 

1310 CMR 7.18(2)(c), and (d) are unchanged.] 

(e) Any person owning, leasing, operating, or eontrolling a facility subject to 310 CMR 7.18(3) 

through (7), (10) through (12), a-nfl-(14) through (16), or 30 shall demonstrate compliance with the 

feee;d'RZjmr- requirements for emissions capture and control equipment by continuously 

monitoring and maintaining records on the following parameters: 

1. for a thermal incinerator; the combustion temperature measured in °F; 

2. for a catalytic incinerator: the exhaust gas temperature (°F), the temperature rise 

across the catalyst bed (°F), and the date the catalyst was most recently replaced or 

changed; 

3. for a condenser or refrigeration system; the inlet temperature of the cooling medium (°F), 

and the exhaust gas temperature (°F); 

4. for a carbon adsorber4; the pressure drop across the adsorber and the exhaust gas VOC 

concentration; 

5. for emissions capture and control equipment not otherwise listed; any requirements 

specified by the Department in any approval(s) or order(s). 

(f) Exemption for Coatings Used in Small Amounts. For any person who owns, leases, operates 

or controls a facility with coating line(s) subject to 310 CMR 7.18, except for 310 CMR 7.18(30), 

the emissions of VOC from any coatings used in small amounts at that facility are exempt from the 

emission limitations of the particular section, provided the person satisties the following conditions: 

1. the total amount of all coatings exempted does not exceed 55 gallons on a rolling 12 

month period at the facility; and, 

2. the person notifies the Department that this exemption is being used 30 days prior to its 

first use; and, 

3. the person identifies in such notice the coatings which will be covered by this exemption; 

and,

4. the person complies with the recordkeeping and testing requirements of the particular 

section. 

1310 CMR 7.18(2)(g), and (h) are unchanged.] 

[Amend 310 CMR 7.18(20)(a) as follows.] 

(a) General Applicability and Submittal Requirenlents. Any person who owns, leases, operates 

or controls a facility; w44eh-that becomes subject to 310 CMR 7.18(2)(b), (2)(c), (2)(e), (2)(h), (17). 

(21) throueh (27), (28)(e), (29), or (30)(c)7.: after January 1, 1992, shall submit an emission control 

plan to the Department for review and approval by the Department prior to implementation of 

RACT. An emission control plan is required to amend an emissions averaging plan issued pursuant 

to 310 CMR 7 18(2)(b) or 310 CMR 7.18(2)(0 or an approval issued under 310 CMR 7.18(2)(h). 

1. The emission control plan must be submitted to the Departnlent within 180 days of the 

datc the facility or part of a facility first meets the applicability requirements of 310 CMR 

7.18, or the date of promulgation for that section of 310 CMR 7.18, whichever is latest. 

2. An emission control plan is not required if all operations at the facility for which an 

approval under 310 CMR 7.18(20) would otherwise be required 

a. wct-e are installed in accordanee with: 

i_ati a plan approval issued pursuant to 310 CMR 7.02(4) or (5) that meets the 

standards/limits of 310 CMR 7.18; and,'or 

ii. the requirements contained in 310 CMR 7.03, or
FINAL REGULATIO:VS

	

8/30I2013 

iii. the requirements of 310 CMR 7.26. or 

b. are exempt from tiline for plan approval ptursuant to 310 CMR 7.02(2)(b) except for 

310 CMR 7.02(2)(b)32. This exemption does not apply to eonstruction, substantial 

reconstruction, or alteration required to complv with the requireinents of 310 CMR 7.18.

1310 CMR 7.18(20)(b) through (g) are unchanged.] 

[Add 310 CMR 7.18(30) as follows.] 

(30) Adhesives and Sealants 

(a) Applicabilitv. 

1. Except as provided in 310 CMR 7 18(30)(a)2- through 5 310 CMR 7.18(30) applies toa. anv person who, on or after January 1, 2015, manufactures anv adhesive sealant 

adilesive orinler, or sealant primer for use in Massachusetts; 

b. anv person who, on or after September 1, 2015, sel(s, supplies or offers for sale an 

adhesive, sealant, adhesive primer, or sealant primer for use in Massachusetts: and 

c. anv person who, on or after May 1, 2016, uses, applies, or solicits the use or 

application of any adhesive, sealant, adhesive primer, or sealant primer in 'vIassachusetts 

2. 310 CMR 7.18(30) shall not apply to the use or application of any adhesive sealant 

adhesive prinier, or sealant prinler bv the homeowner(s), renter(s) or other resident(s) at a 

private residence for personal use and not for a fee compensation or other financial Qain 

3. 310 CMR 7.18(30) shall not applv to the manufacture, sale, supplvino, or offerinu for 

sale of an adhesive. sealant, adhesive primer, or sealant primer provided that: 

a. the adhesive, sealant, adhesive prinler, or sealant orimer is intended exclusively for 

shipment and use or application outside of Massachusetts: 

b. the manufacturer or distributor keeps records demonstratiniz that the adhesive sealant 

adhesive primer. or sealant primer is intended exclusivelv for shipment and use or 

application outside of Massachusetts: and 

c. the nlanufacturer or distributor has taken reasonable precautions to assure that the 

adhesive, sealant, adhesive nrimer, or sealant prinier is not sold, supplied, or offered for 

sale for use or application within Massachusetts. 

4 310 CVTR 7.18(30) shall not applv to the manufacture sale suppivin a otTerin2 for sale 

or the use or application of the followine: 

a. adhesives, sealants, adhesive pi-imers, and sealant primers that are subject to 310 CMR 

7.25(12), Consumer Products: 

b. adhesives and sealants that contain less than 20 ffams of VOC per liter of adhesive or 

sealant, less water and less exempt eompounds, as applied • and 

c. adhesives used in tire repair operations, provided the label of the adhesive states: "For 

Tire Repair Only". 

5. 310 CiyiR 7.18(30) s11a11 not applv to the manufacture, sale, supplvine or offerin a for 

sale of the followinE: 

a. c a^rvlate adhesives: 

b. adhesives, sealants, adhesive primers, or sealant primers that are used in assemblv 

repair and manufacture of aerospace or undersea-based we3pon svstems componentsc. adhesives, sealants, adllesive primers, or sealant primers that are used in manufacture 

of inedical eqnipment; 

d. adhesives, sealants, adhesive primers, or sealant primers that are used in plaque 

laminatine operations in which adhesives are used to bond clear, polyester acetate 

laminate to wood with lamination equipment installed prior to July 1 1992- and 

e adhesives sealants adhesive primers or sealant primers that are supplied or sold bv 

the manufacturer or distributor in containers with a net volume of 16 t7uid ounces or less 

or a net weiaht of one pound or less. Plastic cement weldin a adhesives are excluded 

from this exemption. 

(b) Definitions. 

Terms used in 310 CMR 7.18(30) are detined at 310 CMR 7.00: Definitions or in 310 CMR 

7.18(30)(b). Where a terni is defincd in both 310 CMR 7.00: Definitions and in 310 CMR 

7.18(30)(b), the detinition in 310 CMR 7.18(30)(b) shall apply.
FINAL REGULATIONS

	

8/30/2013 

ACRYLONITRILE-BUTADIENE-STYRENE OR ABS WELDING ADHESIVE means anv 

adhesive intended bv the manufacturer to weld acrylonitrile-butadiene-styrene pipe, which is made 

bv rcacting monomers of acrylonitrile, butadiene and styrene. 

ADHESIVE nieans anv chemical substance that is applied for thc purpose of bondine two srirfaces 

together otlier than by mechanical means. 

ADHESIV E PRIMER means any product intended bv the manufacturer for application to a 

substrate, prior to the application of an adhesive, to enhance the bondiniz process. 

AEROSOL ADHESIVE nieans an adhesive packaized as an aeroso] product in which the spray 

mechanism is permanently housed in a non-refillable can designed for handheld application without 

the need for ancillary hoses or spray equipnient. 

AEROSPACE COMPONENT means the fabricated part, assembly of parts or completed unit of 

anv aircraft lielicopter, missile or space vehicle, including passenger safetv equipment. 

ARCHITECTURAL SEALANT OR PRIMER means anv sealant or sealant prirner intended bv the 

manufacturer to be applied to stationary structures, includiny mobile homes and their 

ap urtenances Appurtenances to a stationary structure include but arc not limited to: hand railinus 

eabinets, bathroom and kitchen fixtures fences, rain gutters and downspouts, and windows. 

AIJTOViOTIVE GLASS ADHESIVE PRIMER means an adhesive primer labeled by the 

manufacturer to be alplied to automotive glass prior to installation of the glass using an 

adhesive/sealant. 

CARB means the California Air Resources Board. 

CERAMIC TILE INSTALLATION ADHESIVE means any adhesive intended by the manufacturer 

for use in the installation of ceramic tiles. 

CHLORINATED POLYVINYL CHLORIDE PLASTIC or CPVC PLASTIC means a polymer of 

the vin,^l chloride monomer that has undcr oe ne a post-polymerization chlorination process to 

inerease the chlorine content of the PVC polymer beyond its base chloi-ine content of 57 percent. 

CPVC plastic is norinally identified with a CPVC niarkina,. 

CHLORINATED POLYVINYL CHLORIDE WELDING ADFIESIVE or CPVC WELDING 

ADHESIVE means an adhesive labeled for welding of chlorinated polyvinyl chloride plastic. 

CLEANUP SOLVENT means a VOC-containiniz material used to remove a loosely held uncured 

(i e. not di-v to the touch) adhesive or sealant from a substrate, or a VOC-containin^ material used 

to clean equipment used in applying a material. 

COMPUTER DISKETTE JACKET MANUFACTURING ADHESIVE means any adhesive 

intended by the manufaeturer to i4lue the fold-over flaps to the body of a vinyl computcr diskette 

a cket. ^a

CONTACT ADHESIVE means an adhesive that: ( i) is desiQned for application to two surfaces to 

be bonded together, and (ii) is allowed to dry before the two surfaces are placed in contact with each 

otller, and (iii) forms an immediate bond that is impossible, or difticult, to reposition after both 

adliesive-coated surfaces are placed in contact with each other, and (iv) does not need sustained 

pressure or elampint, of surfaces after the adhesive-coated surfaces have been brou aht together 

usiniz sufficient momentary pressure to establish full contact between both surfaces. Contact 

adhesive does not include nibber cernents that are primarilv intended for use on paper substrates. 

Contact adhesive also does not include vulcanizina fluids that are designed and labeled for tire 

repair onlv.
FINAL REGULATIONS

	

8/30/2013 

CTG-AFFECTED FACILITY means a facility in which total actual uncontrolled VOC emissions 

from all Miscellaneous Industrial Adllesive Application Processes. including related cleanintz 

activities, are equal to or ereater than 6.8 kg'dav (15 lb/dav) or an equivalent level such as 3 tons 

per 12-month rollina period. 

CONTROL TECHNIOUES GUIDELINES or CTG nieans the Control Technigues Guidelines 

issued by EPA for Miseellaneous Industrial Adhesives, EPA-453/R-08-005, and published in the 

Federal Retzister on October 7, 2008. 

COVE BASE means a floorino trim unit. generally made of vinyl or rubber, havin 42 a concave 

radius on one edue and a convex radius on the opposite edee that is used in forming a junetion 

between the bottom wall course and the tloor or to form an inside corner. 

COVE BASE INSTALLATION ADHESIVE nleans anv adhesive intended by the manufacturer to 

be used for the installation of cove base or wall base on a wall or vcrtical surface at floor level. 

CYANOACRYLATE ADHESIVE nleans anv adhesive with a evanoacrylate content of at least 

95% by weieht. 

DISTRIBUTOR means any person to whom an adhesive, adhesive primer, sealants, or sealant 

primer is sold or supplied for the purpose of resale or distribution in commerce, except that 

manufacturers, retailers, and consumers are not distributors. 

DRY WALL INSTALLATION means the installation of gypsum drv wall to studs or solid surfaces 

usiniz an adhesive formulated for thatpurpose. 

EXEMPT COMPOUND means an organic compoiund that is excluded from the delinition of 

volatile oruanic compound in 310 CMR 7.00. 

FIBERGLASS means a material consistinr; of extremel f^2lass fibers. 

FLEXIBLE VINYL means non-rigid polvvinvl chloride plastic. 

INDOOR FLOOR COVERING INSTALLATION ADHESIVE means any adhesive intended by 

the manufacturer for use in the installation of wood flooring, carpet, resilient tile, vinyl tile, vinvl 

backed carpet, resilient sheet and roll, or artificial erass. Adhesives used to install ceramic tile and 

pet•imeter bonded sheet floorina with vinyl backing onto a non-porous substrate, such as Flexible 

Vinyl, are excluded from this cateeorv. 

LAMINATE means a product made by bondine toQether two or more lavers of material 

LOW-SOLIDS ADHESIVE, SEALANT OR PRIMER means any product that contains 120 rams 

or less of solids per liter of material. 

MARINE DECK SEALANT or MARINE DECK SEALANT PRIMER means any sealant or 

sealant primer labeled for application to wooden marine dccks. 

MANUFACTURER means any person who manufactures, processes imports, assembles, produces 

packaQes, repackages, or re-labels a produet. 

MEDICAL EOUIPMENT MANUFACTURING means the manufacture of inedical devices, such 

as, but not limited to, catheters, heart valves, blood cardioplecy ia machines, tracheostomv tubes 

blood oxvaenators, and cardiatory reservoirs. 

METAL TO URETHANEIRUBBER MOLDING OR CASTING ADHESIVE means any adhesive 

intended bv the manufacturer to bond metal to hiQh densitv or elastomeric urethane or molded 

rubber materials, in heated molding or castini, processes.
FINAL REGULATIO'VS

	

8/30f2D13 

MISCELLANEOUS INDUSTRIAL ADHESIVE APPLICATION PROCESS nieans a process used 

at an industrial manufacturing or repair facility that is subject to the Control Technique Guidelirnes 

(CTG) as de'ned in 310 CMR 7.18(30). 

MULTIPURPOSE CONSTRUCTION ADHESIVE means anv adhesive intended bv the 

nianufacturer for use in the installation or repair of various construction materials, including but not 

limited to drywall, subfloor, panel, fiberalass reinforced plastic (FRP), ceilina tile and acoustical 

tile. 

NONMEMBRANE ROOF INSTALLATION/REPAIR ADHESIVE ineans any adhesive intended 

bv the n7antifacturer for ttse in the installation or repair of non-membrane roofs including, but not 

limited to. plastic or asphalt roof cement, asphalt roof coating and cold application cement. 

Nonmembrane roof installation/repair adhesive does not include adhesive intended by the 

manufacturer for use in the installation or repair of prefabrieated single-ply flexible roofinrl 

membrane. 

OUTDOOR FLOOR COVERING TNSTALLATION ADHESIVE means any adhesive intended bv 

the manufacturer for use in the installation of floor coverin2 that is not in an enclosure and that is 

exposcd to ambient weather conditions during nonnal use. 

PANEL INSTALLATION nieans the installation of plvwood, pre-decorated hardboard (or 

tileboard) fiber la ^ ss reinforced plastic and similar pre-decorated or non-decorated panels to studs 

or solid surfaces usini, an adhesive formulated for that purpose. 

PERIMETER BONDED SHEET FLOORING INSTALLATION means the installation of sheet 

floorina with vinyl backin onto a nonporous substrate using an adhesive desianed to be applied 

only to a strip of up to four inches wide around the perimeter of the sheet floorine. 

PLASTIC means any synthetic material chemically formed by the polymerization of oreanic 

(carbon-based) substances. Plastics are usually coinpounded with tnodifiers, extenders, and/or 

reinforcers and are capable of beint molded, extruded, cast into various sliapes and films or drawn 

into filaments. 

PLASTIC CEMENT WELDNG ADHESIVE means any adhesive intended by the manufacturer 

for use to dissolve the surface of plastic to form a bond between matini4 surfaces. Plastic cement 

weldina adhesive does not include ABS welding, PVC weldinp^, or CPVC weldin .1Z adhesives. 

PLASTIC CEMENT WELDING ADHESIVE PRIMER nleans any_primer intended by the 

manufacturer for tise to prepare plastics substrates prior to bonding or welding. 

PLASTIC FOAM rneans foani constructed of plastics. 

PLASTICIZER means a mateiial such as a high boilingpoint oreanic solvent, that is incorporated 

into a vinyl to increase its flexibilitv, workability, or distensibility, as determined b t^applicable 

ASTM International test niethod or anv other nlethod a.pproved by the Department and EPA. 

POLYVINYL CI-ILORIDE PLASTIC or PVC PLASTIC means a polymer of the chlorinated vinyl 

monomer, which contains at least 57 0% clilorine. 

POLYVINYL CHLORIDE WELDING ADHESIVE or PVC WELDING ADHESIVE means any 

adhesive intended by the manufacturer for use in the weldine of PVC plastic pipe. 

POROUS MATERIAL means a substanee that has tinv openinas, often microseopic, in which 

fluids mav be absorbed or discharged includin^, but not limited to, paper and corrugated 

paperboard. For the purposes of 310 CMR 7.18(30), porous material does not inelude wood. 

REACTIVE ADHESIVE means adhesive systems composed, in part, of volatile monomers that 

react during the adhesive curinQ reaction and as a restilt do not evolve from the filnl durint, use. 

These volatile conlponents instead become inteoral parts of the adhesive throueh cheniical reaction.
FINAL REGULATIONS	 8I30/2013 

At least 70 percent of the liquid components of the svstem, excludina water, reaet during the 

roce3s. 

REACTIVE DILL-ENT nieans a liquid that is a VOC during, application and one in that throu.4 

chemical andlor phvsical reactions, such as polvmerization, 20% or more of the VOC becomes an 

inte ral part of a finished material. 

REINFORCED PLASTIC COMPOSITE means a composite material consistine of plastic 

reinforced with fibers. 

ROADWAY SEALANT means any sealant intended bv the manufacturer for application to streets 

hiehways and other similar surfaces, includine, but not limited to, curbs, berms. drivewavs and 

parkin lots. 

RUBBER means anv nattiral or manmade rubber stiibstrate, including, but not limited to, s enebutadiene rubber, polvchloroprene (neoprene), butvl rubber, nitrile rubber, chlorosulfonated 

polvethvlene, and ethvlene propvlene diene terpolvmer. 

SCAQMD means the South Coast Air Qualitv Manai^ement District of the State of California. 

SEALANT means anv nlaterial with adhesive properties that is formulated primarily to fill seal 

waterproof or weatherproof eaps orloints between two surfaces. Sealants include caulks. 

SEALANT PRIMER means anv product intended by the manufacturer for application to a 

substrate, prior to the application of a sealant, to enhance the bondinero p cess. 

SHEET RliBBER LINING INSTALLATION means the process of applying, sheet rubber liners bv 

hand to metal or plastic substrates to protect the underlvine substrate from corrosion or abrasion. 

These operations also include laminating sheet rnibber to fabric by hand. 

SINGLE-PLY ROOF MEMBRANE means a prefabricated sinale sheet of compounded s t yn Itetic 

material such as ethvlene progvlene diene monomer, polyvinyl chloride, thermal polyolefin, or 

ketone ethvlene ester that is applied in a sinale laver to a buildiu roof. 

SINGLE-PLY ROOF MEMBRANE ADHESIVE PRIMER means an^r pritner intended by the 

manufacturer for use to clean and promote adhesion of the sing le-ply roof inembrane seams or 

splices prior to bonding. 

SINGLE-PLY ROOF MEMBRANE INSTALLATION AND REPAIR ADHESIVE means anv 

adhesive intended and labeled by the manufacturer for use in the installation or repair of single-ply 

roof niembrane. Installation includes at a minimum, attachinu the ed ae of the membrane to the 

edse of the roof and applving flashinas to vents. pipes and ducts that protrude throueh the 

menibrane. Repair includes, but is not limited to, eluin t g he edaes of torn membrane toeether,

attachina a patch over a hole and reapplving flashines to vents, pipes, or ducts installed through the 

nleinbrane. 

SINGLE--PLY ROOF MEMBRANE SEALANT means anv sealant intended bv the manufacturer 

for application to single-ply roof inembrane. 

SOLVENT means oreanic compounds that are used as diluents, thinners, dissolvers, viscosity 

reducers, cleaning a^zents or other related uses. 

STRUC'TURAL GLAZING ADHESIVE means anv adhesive intended by the manufacturer to 

apply glass, ceramic, metal, stone, or composite panels to exterior building frames. 

SUBFLOOR INSTALLATiON means the installation of subt7oorin(2 material over floor joists 

includiniz the consti-uction of anv load bearing joists. Subflooring is covered bv a finish surface 

material.
FINAL REGULATIONti

	

8/30/2013 

SURFACE PREPARATION SOLVENT means any VOC containing n7aterial used to remove dirt, 

oil and other eontaniinants fronl a substrate prior to the application of a primer, adhesive, or sealant. 

THIN METAL LAMINATING ADHESIVE nleans any adhesive intended by the manufacturer for 

use in bondin ng iultiple layers of inetal to metal or metal to Plastic in the production of electronic or 

ma^,Y netic components in which the thickness of the bond line(s) is less than 0.25 mils. 

TIRE REPAIR means a process that includes expanding a hole, tear, fissure or blemish in a tire 

casing by grindinq or Qou i^ng, applying adhesive, and filling the hole or crevice with rubber. 

TIRE RETREAD ADHESIVE means anv adhesive intended by the manufacturer for application to 

the back of pre-cure tread rubber and to the casing and cushion nibber. Tire retread adhesive may 

also be used to seal buffed tire casiniZs to prevent oxidation whilc the tire is beiniz prepared for a 

new tread. 

TRAFFIC MARKING TAPE means pre-formed reflective film intended bv the manufacturer for 

application to streets, hitzhways and other traffic-related surfaces, includine, but not limited to 

curbs. berms. drivewavs and narkine lots. 

TRAFFIC MARKING TAPE ADHESIVE PRIMER means anv nrimer intended bv the 

manufacturer for application to surfaces prior to installation of traffic marking tape. 

UNDERSEA-BASED WEAPONS SYSTEMS COMPONENTS means parts or completed units of 

anv portion of a missile launchiniz system used on undersea ships. 

WATERPROOF RESORCINOL GLUE means a two-part resorcinol-resin-based adhesive desiQned 

for annlications where the bond line must be resistant to conditions of continuous immersion in 

fresh or salt water 

(c) VOC Emission Requirements. 

1. Except as provided in 310 CMR 7.18(30)(a) and 310 CMR 7.18(30)(d), on and after 

Januarv 1, 2015, no person shall manufactnre for sale in Massachusetts any adhesive, sealant, 

adhesive primer, or sealant primer that contains VOCs in excess of the applicable VOC 

content limits specified in 310 CMR 7.18(30)(c): Table 1 and Table 2. The VOC contcnt 

limits specified in 310 CMR 7.18(30)(c): Table I and Table 2 apply to adhesives, sealants, 

adhesive primers, and sealant primers as applied. 

2. Except as provided in 310 CMR 7.18(30)_(a) and 310 CMR 7.18(30)(d), on and after 

Septcmber 1, 2015, no person shall sell, supply, or offer for sale in Massachusetts any 

adhesive, sealant, adhesive primer, or sealant prinier that contains VOCs in excess of the 

applicable VOC content limits specified in 310 CMR 7.18(30)(c): Table l and Table 2. The 

VOC content limits specified in 310 CMR 7.18(30)(e): Table 1 and Table 2 appl^to 

adhesives, sealants, adhesive primers, and sealant primers as applied. 

3. Except as provided in 310 CMR 7.18(30)(a), 310 CMR 7.1800)(07., and 310 CMR 

7.18(30)(d), on and after Mav 1, 2016, no person shall use, apply, or solicit the use or 

application of any adhesive, sealant, adhesive primer, or sealant primer in Massachusetts that 

contains VOCs in excess of the applicable VOC content limits specified in 310 CMR 

7.18(30)(c): Table 1 and Table 2. The VOC content limits specified in 310 CMR 7.18(30)(c): 

Table 1 and Table 2 apply to adhesives, sealants, adhesive primers, and sealant primers as 

applied. 

4. The VOC content limits in 310 CMR 7.18(30)(c): Table 1 and Tab1e 2 shall appl ^}_as 

foilows: 

a. If an adhesive is used that is subLct to a specific VOC content limit for such adhesive 

in 310 CMR 7.18(;30)(c): Table l, such specific limit shall apply rather than an adhesiveto-substrate limit specified in 310 CMR 7.18(30)(c): Table 2. 

b. If an adhesive is used to bond dissimilar substrates touether, the VOC limit for the 

applicable substrate category in 310 CMR 7.18(30)(c): Table 2 with the hi^,Y hest VOC' 

content shall be the liniit for such use. 

5. No person subject to 310 C1yIR 7.18(30) shall:
FINAL REGULATIO:VS

	

8l30/2013 

a. use anv surface preparation solvent that contains a VOC content equal to or areater 

than 70 erams per liter of material except as provided in 310 CMR 7.18(30)(c)5.b. for 

simde-plv roofing; 

b. use anv surface preparation solvent with a VOC composite vapor pressure, excludine 

water and exeinpt conipounds. equal to or Qreater than 45 millimeter mercurv (mm H0 at 

20° Celsius for application of single-plv rooting; 

c. use anv material with a VOC composite vapor pressure ecLual to or ereater than 45 mm 

HQ at 20° Celsius for the removal of adhesives, sealants, adhesive primers, or sealant 

primei-s from any surface except as provided in 310 CMR 7.18(30)(e)5.d.: 

d. remove anv adhesive, sealant, adhesive primer, or sealant primer from the parts of 

sprav Qun equipment unless the operation isperformed: 

i. in an enclosed eleaninQ svstem, or equivalent cleaniniz svstem, which minimizes 

solvent evaporation during the cleailinu, rinsino, and draining operations: and, 

collects the spent solvent in a container with a tight-fittina cover so that it is 

available for reuse, recy linL , c y , or proper disposal; or 

ii. using a solvent witll a VOC content less than or equal to 70 aams of VOC per 

liter of material: or 

iii. when soakinsZ parts containing dried adhesive, in a closed container that remains 

closed except when adding or removina parts, and using a solvent with a composite 

vapor pressure that does not exceed 9.5 mm Hsi at 20° Celsius, excludinu^ water and 

exenipt compounds. 

6. At a CTG-affected facilitv, any person subject to the requirements in 310 CMR 

7.18(30)(c ): Table I and Table 2 shall utilize one of the followine application methods in 

applving an adhesive. sealant, adhesive primer, or sealant primer: 

a. electrostatic sprav^ 

b. HVLP spray; 

c. flow coat; 

d. ro11 coat or hand application, including non-spray application methods similar to hand 

or mechanically powered caulkin2 gun. brusll, or direct hand application; 

e. dip coat (includin^ electrodeposition); 

f. airless spray": 

a. air-assisted airless sprav; 

h. any adhesive application method capable of achieving a transfer efficiency 

eguivalent to or better than that achieved bv HVLP spra^in,g, 

7. Anv person usinQ or applvinQ an adhesive sealant, adhesive primer, or sealant primer 

may comply with 310 CMR 7.18(30)(c)3. and 310 CMR 7.18(30)(c)5. by usinQ add-on air 

pollution control equipment provided that the following requirements are n1et: 

a. the VOC einissions from the use of all adhesives, sealants, adhesive primers, or 

sealant primers that exceed the applicable liniits in 310 CMR 7.18(30)(c): Table 1 and 

Table 2, and all surface preparation solvents and cleanup solvents are reduced by an 

overall capture and control efficiencv of at least 85%, bv weieht: 

b. compliance with the requirements for emissions capture and control equipment is 

demonstrated according to 310 CMR 7.18( 2)(e); 

c. operation records sufficient to deinonstrate compliance with the requirements of 310 

CMR 7.18(30)(07. are maintained as required by 310 CMR 7.18(30)(e); and 

d. an emission control plan (ECP), pursuant to 310 CMR 7.18(20), is submitted to the 

Departinent for approval . 

8. Any person usine or applying adhesives, sealants, adhesive primers, and sealant primers, 

shall comply with the following work practices: 

a. store all VOC-containinz adhesives, sealants, adhesive primers, sealant prinlers, 

process-related waste materials, and VOC-containine materials used for surface 

preparation, cleaning, and rework in closed containers; 

b. ensure that mixing and storage containers used for VOC-containine adhesives, 

sealants. adhesive primers, sealant primers, process-related waste materials, and VOCcontainin4 materials used for surface preparation, cleaninQ and rework are kept closed at 

all times except when depositinQ or removinQ these materials; 

c. minimize spills of VOC-containintZ adhesives, sealants, adhesive primers. sealant 

primers, process-related waste materials, and VOC-containine materials used for surface 

preparation, cleaning, and rework:
FINAL REGULATIONS	 8/30/2013 

d. convey VOC-containin2 adhesives, sealants, adhesive primers, sealant primers. 

process-related waste nlaterials, and VOC-containin^4 materials used for surface 

preparation, cleanina, and rework from one location to another in closed containers or 

pipes; 

e. minimize VOC emissions from cleanins4 of application, storaae, mixing, and 

conveying equipment bv ensurin,, that: (i) equipment cleaning is performed without 

atomizing the cleanup solvent; and, (ii) all spent solvent is captured in closed containers; 

and 

f. store and dispose of all absorbent materials, such as cloth orpaper, that are 

contaminated with VOC-containing adhesives, sealants, adhesive primers, sealant 

primers, process-related waste materials, or VOC-containina materials used for surface 

preparation, cleaniniz, and rework in non-absorbent containers that shall be kept closed 

except when placing materials in or removina materials from the container. 

9. No person sha11 solicit, require the use of, or specifv the use or application of any 

adhesive, sealant, adhesive primer, or sealant primer if such use or application results in a 

violation of anyprovision of 310 CMR 7.18(30)(c). The prohibition of 310 CMR 

7.1800)(09. shall applv to all contracts under which any adhesive, sealant, adhesive primer, 

or sealant pritner is to be used at any location in Massachusetts.

10
FIVAL REGliLATIONS	

8/30/2013 

310 CMR 7.18(30)(c) Table 1

VOC Content Limits for Adhesive_s, Sea(ants, Adhesive Primers. and Sealant Primers 

Adhesive, SealanC, Adhesive Primer Or Sealant Prim er CateQory VOC Content Limit As Applied

(arams/liter*) 

ADHESIVES 

ABS Weldin2 400 

Cerainic Tile Installation 130 

Computer Diskette Jacket 'ytanufacturing 850 

Contact 250 

Cove Base Installation 150 

CPVC WeldinLT 490 

Indoor Floor Coverin4 Installation 150 

Metal to UrethaneJRubber Molding Or Castina 850 

Multipurpose Construction 200 

Nonmembrane Roof Installation/Repair 300 

Outdoor Floor Coverina Installation 250 

Perimeter Bonded Sheet Vinyl Flooring Installation 660 

Plastic Cement Weldina (Non ABS) 500 

PVC Weldin2 510 

Sheet Rubber Lining Installation 850 

Sinele-plv Roof Membrane Installation/Repair 250 

Structural Glazin2 100 

Thin Metal Laminatina 780 

Tire Retread ] 00 

Waterproof Resorcinol Glue 170 

SEALANTS 

Architectttral 250 

Marine Deck 760 

Nonmembrane Roof Installation/Repair 300 

Roadwav 2^0 

Single-ply Roof Membrane 4^O 

Other 420 

ADHESIVE PRIMERS 

Automotive Glass 700 

Plastic Cenient Weldin^ 650 

Single-ply Roof Membrane 250 

Traffic Marking Tape 150 

Other 250 

SEALANT PRIMERS 

Non-porous Architectural 250 

Porous Architectural 775 

Marine Deck 760 

Other 750

* The VOC content is determined as the weiuht of volatile compounds. tess water and exempt conipormds, as 

specificd in 310 CMR 7.18(30)(f} (Complianee Procedures and Test Methods). 
FIVAL REGULATIONS 8/30/2013 

310 CMR 7.18(30)(c) Table 2

VOC Content Linvt for Adhesives Applied to Particular Substrates 

Substrate Cateaory VOC Content Limit As Applied 

(grams/liter*) 

Flexible Vinyl 250 

Fiber_0ass 200 

Metal 30 

Porous Material 120 

Reinforced Plastic Composite 200 

Rubber 250 

Wood 30 

Other Substrates 250

* The VOC contcnt is determined as the wcwht of volatile compounds. Icss water and cxcmpt compounds. as 

specificd in 310 CMR 7.18(30)( t) (Compliance Procedures and Tcst Methods). 

(d) Exemptions. 

1. 310 CMR 7.18(30)(01. and 310 CMR 7.18(30)(c)2. shall not apply to the manufacture, 

sale, supplyina, or offerine for sale of an adhesive, sealant, adhesive primer, or sealant primer 

provided that: 

a. the adhesive, sealant, adhesive primer, or sealant primer is for use in a facilit y that ,

utilizes add-on air pollution control equipment to achieve cotnpliance pursuant to 310 

CMR 7.18(30)(c)7.; and 

b, the manufacturer, distributor, selier, supplier and person offering for sale keep records 

deinonstrating that the adhesive, sealant, adhesive primer, or sealant primer is intended 

for use in a facility that utilizes add-on air pollution control equipment to achieve 

compliance pursuant to 310 CMR 7.18(30)(c)7. 

2. 310 CMR 7.18(30) shall not apply to the manufacture, sale, suppl i^ng, offering for sale, 

or use of adhesives, sealants, adhesive primers, and sealant primers beinQ tested or evaluated 

in anv researcli and development, qua6ty assurance, or analytical laboratory, except that the ,

reqtairements of 310 CMR 7.18(30)(c)8. and 310 CMR 7.18(30)(e)2. shall apply. 

3. 310 CMR 7.18(30) shall not apply to the use or application of: 

a. cyanoacrylate adhesives, except that the requirements of 310 CMR 7.18(30)(c)8. shall 

apply; 

b. adhesives, sealants, adhesive primers, and sealant primers that are sold or supplied by 

the manufacttrer or distributor in containers with a net volume of 16 fluid ounces or lcss 

or a net weight of one pound or less, except that the requirements of 310 CMR 

7.1800)(08. shall apply. This exetnption shall not apply to_plastic cement welding 

adhesives. 

c. adhesives, sealants, adhesiveprimers, and sealant primers that are used in the 

assembl y, repair, and manufacture of aerospace or undersea-based wcapon systcros 

components, except that the requirements of 310 CMR 7.18(30)(c)8. shall apply; 

d. adhesives, sealants, adhesive primers, and sealant primers that are used in the 

manafacture of inedical equipment, except that the requirements of 310 CMR 

7.18(30)(c)8. shall apply; and 

e. adhesives, sealants, adhesive primers, and sealant pritners in plaque laminating 

operations in which adhesives are used to bond clear, polyester acetate laminate to wood 

with lamination equipment installed prior to July 1, 1992, except that the requirenlents of 

310 CMR 7.18(30)(c)8. shall apply, 

4. 3 10 CMR 7.18(30)(c)3. and 310 CMR 7.18(30)(c)5. shall not apply to the use or 

application of adhesives, sealants, adhesive primers, and sealant primers at a facility in which 

the total facility-wide VOC emissions from all adhesives, sealants, adhesive primers, and 

sealant primers used are less than 200 pounds per calendar year, or an equivalent volume. 

Any person claiminP this exemption shall maintain sufficient monthly operational records in 

accordance with 310 CMR 7.18(30)(e) to demonstrate compliance with this exemption.

12 
FiNAL REGULATIOVS

	

8/30/2013 

5 310 CVIR 7.1800)(03. and 310 CMR 7.18130)(05. shall not applv to the use or 

ap,plication of adhesives sealants adhesive primers and sealant primers at a facilitv in which 

the facilitv-wide total volume of adhesives, sealants, adhesive primers, sealant primers, 

cleanup solvents and surface preparation solvents does not exceed 55 eallons per calendar 

year. Anyperson claimin>}this eremption shall maintain sufficient monthlv operational 

records in accordance with 310 CMR 7.18(30)(e) to demonstrate complianee with this 

exemption. 

(e) Reeordkeeping Requirements. 

1 Each person subiect to 310 CMR 7.18(30) shall niaintain records denlonstratiny 

compliance with 310 CMR 7 18(30) includin:? but not liniited to, the followinQ information: 

a for the manufacturer of anv adhesive sealant adhesive primer, or sealant pritner: 

i for each product the product natne product categorv accordin Q to 310 CMR 

7 18(30)(c) • Table 1 and Table 2. the VOC eontent of each product as supplied, and 

the type of product application: 

ii the volume of each product sold in Massachusetts in cotltainers with a net volume 

greater than 16 fluid ounces or a net weieht of more than one pound: 

iii all records required pursuant to 310 CIytR 7.18(30)(d) l.b.; and 

iv all records pertainin a to compliance testinapursuant to 310 CYiR 7 18(30)(h)• 

b for any person who sells supplies or offers for sale any adhesive. sealant, adhesive 

pritner, or sealant primer: 

J. for each product the product name product cate Qory according to 310 CMR 

7 18(30)(c) • Table 1 and Table 2 the VOC content of each product as supplied, and 

the type of product application: 

ii the volume of each product sold in Massachusetts in containers with a net volume 

greater than 16 fluid ounces or a net weight of more than one pound: 

iii all records required pursuant to 310 CMR 7.18(30)(d)1.b.; and 

iv anv infornlation required pursuant to 310 CMR 7.18(30)(e)2.. if applicable: 

c for anv person who uses or applies anv adhesive sealant adhe5ive primer or sealant 

rtmer: 

i a data sheet or materials list that provides the material name, product eateeory 

accordina to 310 CMR 7 18(30)(e): Table 1 and Table 2., manufacturer 

identification the VOC eontent of each product as supplied, and type of material 

application; 

ii a list of each adhesive sealant adhesive primer, sealant primer, cleanup solvent, 

and surface preparation solvent in use and in storage; 

iii. a list of reducera, catalvsts, or other components used and the as applied mix 

ratio; 

iv the final VOC content of anv adhesive, sealant, adhesive primer, or sealant 

priiner as applied; 

v the VOC content and vapor pressure of any eleanup solvents surface preparation 

solvents reducers and catalvsts. and VOC-containing materials used in the 

preparation application rework and eleanine processes related to use or application 

of any adhesive sealant, adhesive primer, or sealant primer; 

vi the monthly volume of each adhesive, sealant, adhesive primer, sealant primer, 

cleanup solvent, and surface preparation solvent used: 

vii for anv person who complies with 310 CMR 7.18(30)(c)3. and 310 CMR 

7 18(30)(e)5 through the use of add-on air pollution control ectuipment the kev 

operating parameters for the control equipment, including but not limited to, the 

following information: 

(i) the volume used per dav of cleanup solvents surface preparation solvents 

and each adhesive sealant adhesive primer, and sealant primer that is subject to 

a VOC content Iimit specitied in 310 CMR 7 18(30)(e) • Table 1 and Table ?: 

and 

(ii). all records sufficient to demonstrate conlpliance with requirements 

specified in 310 CMR 7 18(30)(c)7. 310 CMR 7.18(2)(e), and 310 CMR 

7.18(?0): 

viii. all records pertaininQ to compliance testing pursuant to 310 CMR 7.18(30)(h): 

and

13
FINAL REGULATIONS

	

8/30/2013 

ix. the monthlv total facility-wide VOC emissions from all adhesives, sealants, 

adhesive primers, and sealant primers used or applied at anv facility where a person 

is claimim an exeinption pursuant to 310 CMR 7.18(30)(d)4. 

2 For adhesives, sealants, adhesive primers, and sealant primers exempted under 310 CMR 

7.18(30)(d)2., the person supp] i^na the adhesives, sealants, adhesive primers, or sealant 

primers to the research and development, quality assurance, or analytical laboratory for 

testine or evaluation shall maintain records of a(1 sucli materials supplied, including, but not 

limited to, theproduct name, the product cateeory of the material, type of application, the 

VOC content of each material, and the voluine of products supplied to the research and 

development, quafity assurance, or analytical laboratory for testiniz or evaluation. 

3. AIl records required to demonstrate coinpliance with 310 CMR 7.18(30) shall be 

maintained for three (3) years from the date such record is created and shall be made available 

to the Department upon request. 

(f) Comp(iance Frocedures And Test Methods. 

1. VOC content (uams per liter and percent bv weight) shall be determined accordina to tlle 

following calculations: 

a. For adhesives, sealants, adhesive primers, and sealant primers that do not contain 

reactive diluents, grams of VOC per liter of material, less water and exempt compounds, 

shall be calculated aceording to the following eguation: 

Grams of VOC ner liter of material = (Ws - Ww - We) /(Vni - Vw - Ve 

Where: 

Ws — weight of volatile eotnpounds, in grams 

YYiv = weight of water, in grams 

We = weisZht of exempt compounds. in grams 

Vnz = volume of material in liters 

Vh= = volume of water, in liters 

Ve = volume of exempt compounds, in liters 

b. For adhesives, sealants, adhesive primers, and sealant primera that contain reactive 

diluents, the VOC content of the material is determined after curinsz ; The grarns of VOC 

per liter of material, less water and exem tp compounds, shall be calculated according to 

the fotlowing equation: 

Grams of VOC ner liter of material =(Wrs - Wrvv - Wre) /(Vrrn - Vru: - Vre

Where: 

Wrs = weight of volatile compounds not consumed duriniz curing, in m ams 

Wrtiv = weight of water not consumed during curing, in grams 

Wr-e = weight of exempt compounds not cotlsumed during curinQ, in granis 

Vrm = volume of material not consumed durin curine„ in liters 

Vrw = volume of water not consumed durine curin , i ^liters 

Vre = volume of exempt cotnpounds not consumed durine curina, in liters

14 
FI?IAL REGULATIONS	

8130/2013 

c. For clean-up solvents, surface preparation solvents, low-solids adhesives low-solids 

sealants low-solids adhesive primers and low-solids sealant primers erams of VOC per 

liter of material shall be calctitlated accordinQ to the following equation: 

Grams of VOC per liter of material =/Ws - Ww - We) l Vtri 

Where: 

Gf's = weieht of volatile compounds, in grams 

bf"tiv	= weiAt of water, in 2rams 

tf'e	= weight of exempt compounds, in grams 

L'rra	= volume of material, in liters 

d. Percent VOC by weieht shall be calculated accordint to the followine equation• 

°,'o VOC bv weieht =(Wv / 6I ) x 100 

WJzere: 

WLl = wei2ht of VOCs, in Qrams 

Ft' = weight of nlaterial, in arams 

2 The followinu tests and procedures shall be used to deterniine the properties of adhesives 

sealants adhesive pritners sealant primerti cleanup solvents 3nd surface preparation 

solvents, and anv component thereof for the purpose of eompliance verification with 310 

CMR 7.18(30): 

a. Except as provided in 310 CMR 7.18(30)(f)2.c. and 7.18(30)(02 d. the VOC and 

solids content of all non-aerosol adhesives, adhesive primers sealants sealant primers,

surface pr^e aration solvents and cleanup solvents shall be determined usin a U S EPA 

Reference Method 24, as identified in 40 CFR 60, Appendix A or SCAOMD Method 

304. The procedure for reactive adhesives in Appendix A of the NESHAP for surface 

coatina of plastic parts (40 CFR Part 63, Subpart PPPP) shall be used to determine the 

VOC content of reactive adhesives. 

b. The volatile onjanic content of exempt compounds shall be determined usinu the 

applicable ASTM International test niethod or any other method approved bv the 

Department and EPA. 

c. The VOC' content of any plastic cement weldine adhesive or plastic cement weldinQ 

primer shall be determined using SCAQMD Method 316A 

d. The amount of the VOC that becomes an integral part of the finished materials shall 

be determined usinLy SCAOMD Method 316A. 

e. The composite vapor pressure of organic compounds in surface preparation solvents 

and cleanup solvents shall be detemiined by quantifying the amount of each compound in 

the blend usinu the applicable ASTM Intemational gas chromatoeraphic analvsis test 

method for ori4anics and the applicable ASTM Intemational test tnethod for water 

content, or anv ottler method approved bv the Department and EPA and the following 

eguation: 

Ppc =( E( u k' , l lli

a _1 J( tf' l AL„ + Y =• 1.11ii'.•^^; ` illtii;^

i=1	 i=1	i=1 

Where: 

Ppc	= VOC composite partial pressure at 20 C. in mm He

15
FINAL REGULATIONS

	

8/30/2013 

YY;	= Weight of the "i"th VOC compound, in i4rams, as determined bv the 

applicable ASTM International test method or anv other niethod 

approved by the Department and EPA 

Weiaht of water, in grams, as determined by the applicab(c ASTM 

International test method or any other method approved bv the 

Department and EPA 

GFe	= Weight of the "i"th exempt compound, in grams, as determined bv the 

applicable ASTM International test method or any other method 

approved by the Departnient and EPA 

Miti; = Molecular weight of the "i"th VOC compound, in grams per e-mole, as 

given in chemical reference literature 

A,1w„. = Molecular weight of water, 18 erams per a-mole 

tilw, = Molecular weight of the "i"th exempt compound, in grams per tl-mole, 

as Qiven in chemical reference literature 

Vpi = Vapor pressure of the "i"th VOC compound at 20 C, in mm H,^as 

detern7ined by 310 CMR 7.18(30)(e)2.f. 

f. The vapor pressure of each single component compound mav be determined from the 

applicable ASTM International test method, or any other method approved by the 

Department and EPA, or may be obtained from any of the following sources: 

i. the most recent edition of The Vapor Pressure of Pure Substances, Boublik, Fried. 

and Hala; Elsevier Scientific Publishing Company, New York; 

ii. the most recent edition of Perny 's Chemical EnQineers Handbook, MeGraw-Hill 

Book Compan,^r^ 

iii. the most recent edition of CRC Handbook o'Chemistrv and Phvsicrs, Chemical 

Rubber Publishing Companys 

iv. the most recent edition ofLange's KandbookofChernistrv, John Dean, editor, 

McGraw-Hill Book Company; or 

v. additional sources approved by the SCAQMD or other California air districts. 

3. If air potlution control equipment is used to meet the requirements of 310 CMR 7. I 8(30), 

the owner or operator shall make the following determinations: 

a. The measurernent of eapture efficiency shall be conducted and reported in accordance 

with the EPA Technical Document, Guidelines for DetermininQ Capture E ficiencv, 

issued January 9, 1995; and 

b. The control efficiency shall be deternlined in accordance with U.S. EPA Methods 25. 

25A. 25B or CARB Method 100. 

(g) Container Labeling. 

1. The manufacturer of an adhesive, sealant, adhesive primer, or sealant Rrinier sub^el ct to 

3 t0 CMR 7.18(30) shall display the following information on ttte product container or label: 

a. a statement of the manufacturer's reconunendation regardine thinning, reducing, or 

mixinu of the product, exeept that: 

J. this requirement does not apply to the thinning of a product with water; and 

ii. if thinning of the product prior to use is not necessary, the recommendation must 

specify that the product is to be applied without thinning; 

b. the niaxiinum or the actual VOC content of the product in accordanee with 310 CMR 

7.18(30)(t), as supplied, displayed in arams of VOC per liter of product; and 

c. the nlaximum or the actual VOC content of the product in accordance with 310 CMR. 

7.1 8('30')(f), which includes the nlanufacturer's maximum reconnnendation for thinninty, 

as applied, displa e^n grams of VOC per liter of product. 

(h) Compliance TestinQ Requirements. 

1. The nlanufacturer of an adhesive, adhesive primer, sealant, or sealant primer subject to 

310 CMR 7.18(30) shall determine compliance with the VOC content requirements of this 

regulation in accordance with 310 CMR 7.18(30)(f).

16
FIVAL REGULATIOVS

	

8/30/2013 

2. Anv person who uses or applies an adhesive. adhesive primer. sealant, or sealant primer 

subject to 310 CMR 7,18(30) shall determine conipliance with the VOC content requirements 

of this reQulation accordine to the followine: 

a. manufacturer's labelinn and product technical data inforntation; or 

b. testina in accordance with provisions of 310 CNIR 7.18(30)(f). 

3. Anv person utilizing an air pollution control device shall, upon request of the 

Departnlent, perform or have perfonned tests to demonstrate compliance with 310 Ciy1R 

7.18(30)( c17. 

4. Anv person utilizing a spray eun svstem shall, upon reguest of the Department, perform 

or have performed tests to evaluate the sprav Qun cleaning svstem. 

[Amend 310 CMR 7.00 Appendix B(4)(b)7. as follows.] 

7. For facilities ;A hiekt that have epaftmeiit appi-eved bubbles ^A liefe that were approved by 

the Depamnent under 310 CMR 7.18(2)(b) and for which the application was received prior 

to May 25, 1988, the approved bubble conditions, recordkeeping and reporting requirements 

shall remain in force and no revision of said bubble approvals is required by 310 CMR 7.00 

Appendix B(4), unless and until the facility seeks to have the existing bubble approval 

modified. At that time, the request to modify the bubble shall be subject to 310 CMR 7.00 

Appendix B(4). However, with respect to those btibbles that were approved by the 

Department under 310 CMR 7.18(2)(b) and for which the application was received prior to 

Mav 25, 1988, modification of said bubbles solelv to incorporate a more strinaent Reasonably 

Available Control Technolotiv adopted pursuant to 310 CMR 7.18 shall not make the facility ,

subject to 310 CMR 7.00: Appendix B('4). 

[Amend 310 CMR 7.19(1)(c)9. as follows.] 

9. Any person wl1o, since January 1, 1990, obtains a plan approval for an emission unit 

under 310 CMR 7.02 where said approval establishes BACT or LAER to be no less stringent 

than RACT for a facility size and tvpe as defined in 310 CMR 7.19 at *ii° *i^i° 4pk+ fi

,, aL Such person shall complv with the BACT or LAER established in the plan appro

approval. and is not subiect to RACT standards of 310 CMR 7.19 as may otherwise be 

applieable, until the applieable RACT standards of 310 CMR 7.19 beconte more strinuent 

than the BACT or LAER established in tlhe plan approval, at which point the person shall 

become subiect to the updated RACT standards.

17

Commonwealth of Massachusetts 

Exc--cutive Ofi'lce of Energy & Environmental Affairs 

Department of Environmental Protection 

One Winter Stl7 eet Boston, MA 02108 - C, 17-292-5500

N

,—.ICHA--,L -( .'.jLl — 

Response to Comments on Proposed Amendments to:

310 CMR 7.18(30)

Adhesives and Sealants

310 CMR 7.18

Volatile and Halogenated Organic Compounds

310 CMR 7.19

Reasonably Available Control Technology for Sources of Oxides of Nitrogen

310 CMR 7.00: Appendix B

Emission Banking, Trading, and Averaging

Regulatory Authority:


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


August 310, 2013 

This information is available in alternate format. Call Michelle Waters-Ekanem, Diversity Director, at 617-292-5751. TDD# 1-866-539-7622 or 1-617-574-6868 

MassDEPWebsite wwwrnassgov/dep 

Printed on Recycled Paper
In October 2011, the Massachusetts Department of Environmental Protection (MassDEP) 

proposed amendments to 310 CMR 7.00 to: 

(1) add a new section governing adhesives and sealants for Volatile and H.alogenated 

Organic Compounds, 310 CMR 7.18(30), to further reduce emissions of volatile organic 

compounds (VOCs); 

(2) amend the existing Reasonably Available Control Technology (RACT) for Volatile and 

Halogenated Organic Compounds, at 310 CMR 7.18(1)(f), and RACT for Sources of 

Oxides of Nitrogen (NOx), at 310 CMR 7.19(1)(c)9., to clarify the relationship between 

RACT and Best Available Control Technology (BACT) or Lowest Achievable Emission 

Rate (LAER) determinations in plan approvals; 

(3) arnend the existing RACT for Volatile and Halogenated Organic Coinpounds, at 310 

CMR 7.18(20), to clarify Emission Control Plan submittal requirements; and 

(4) amend Emission Banking, Trading, and Averaging, 310 CMR 7.00: Appendix B, to 

clarify the original intent of MassDEP to exclude certain emissions averaging ("bubbles") 

from the requirements of 310 CMR 7:00: Appendix B(4). 

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

regulations in accordance with Massachusetts General Law Chapter 30A. On October 17 and 

October 19, 2011, MassDEP published notice of the public hearing and public comment period 

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

respectively, and notified interested parties via electronic mail. A public hearing was held on 

November 17, 2011 in Boston, Massachusetts and the comment period closed on November 28, 

2011. 

This document summarizes and responds to comments that were received during the public 

comment period. Those who provided comments are listed below: 

l. Ann Arnold, Manager, Air Quality Planning Unit, U.S. Environmental Protection 

Agency, Region I (EPA) 

2. Joseph A. Fulliero II, M.S., EHS Manager, ITW Plexus (Plexus) 

3. Heidi K. McAuliffe, Esq., Senior Counsel, Govermnent Affairs, American Coatings 

Association, Inc. (ACA) 

4. Gene Pettingill, State of Delaware, Department of Natural Resources and Environmental 

Control (DE) 

5. David J. Wawer, CEO, Massachusetts Chemistry & Technology Alliance (MCTA) 

A. PUBLIC COMMENTS 

1. Comment: MassDEP should change the effective date of the proposed regulations to 18 

months from the date of promulgation to allow adequate time for compliance. [ACA] 

Response: MassDEP has changed the compliance date in its final regulations for manufacturers 

of adhesives, sealants, adhesives primers, and sealants primers from May 1, 2012 to January 1, 

2015 in order to allow suffcient lead time for manufacturers' compliance. MassDEP believes
that this lead time is sufficient because the adhesives and sealants industry has known about the 

Ozone Transport Commission (OTC) adhesives and sealants model rule and MassDEP's intent to 

adopt the OTC model rule for several years. In addition, similar regulations with the same VOC 

content limits already are in effect in California and many other OTC states, including Maine, 

New Hampshire, Connecticut, Rhode Island, New York, New Jersey, Pennsylvania, District of 

Columbia, Maryland, Delaware, and Virginia, so many manufacturers already produce compliant 

products. Therefore, manufacturers of these products have been in a position to prepare for 

production of compliant products well in advance of the compliance deadline. 

2. Comment: MassDEP should establish a sell-through period for the sale of products 

manufactured prior to the date by which manufacturers must meet the VOC limit standards. The 

sell-through period should be greater than nine months to allow sale of these products; otherwise 

sellers would have to discard the unsold products, which would result in materials waste and 

pollution of the environment. [ACA] 

Response: MassDEP has incorporated an implicit se11-through period in its final regulations by 

changing the compliance date for the sellers and users of adhesives, sealants, adhesives primers, 

and sealants primers, respectively, to September l, 2015 and May 1, 2016. This will allow time 

for the sale and use of noncompliant products manufactured prior to January 1, 2015, 

3. Comment: The proposed regulations at 310 CMR 7.18(30)(e) state that the VOC 

requirements shall not apply to manufacturers or distributors of products with a net volume of 16 

fluid ounces or less. Then, why should records be kept for products with a net volume of sixteen 

ounces or less? Such a requirement imposes an undue burden on the regulated community. 

[Plexus] 

Response: MassDEP has eliminated the recordkeeping requirements in its final regulations for 

manufacturers and sellers who manufacture or sell products in packaging with a net volume of 

sixteen fluid ounces or less or a net weight of one pound or less. 

4. Comment: The proposed arnendments are inherently overreaching in nature because the 

regulations do not specify how far down the distribution network the primary seller or 

inanufacturer is required to generate and retain such records. [Plexus] 

Response: MassDEP believes the regulations, as specified under 310 CMR 7.18(30)(a)3., and 

310 CMR 7.18(30)(e), clearly state that each regulated party (manufacturer, seller, or user) of 

adhesives and sealants is responsibte only to maintain records of its own actions, and is not 

responsible to maintain records of other parties down the distribution network. 

5. Comment: MassDEP should not adopt "cart blanche" OTC model rules that are based on 

California regulations because regulatory models from California do not accurately portray the 

adverse economic fallout that has occurred as a result of overzealous regulatory practices by the 

State of California. [MCTA] 

Response: MassDEP evaluated the OTC model rule in the context of Massachusetts air 

pollution control needs prior to proposing its Adhesives and Sealants regulations. As a member
of the OTC, Massachusetts participates in the development of OTC model rules based on a 

thorough analysis of the available control options and the feasibility of their implementation with 

respect to the reb lated industry and the adopted control techniques. The OTC actively involves 

and considers comments from industries that would be affected by the model rules. MassDEP 

believes that some rules are most effectively and efficiently implemented on a regional basis and 

joins other OTC states in pursuing their enactment. In many cases, the affected industries 

support the adoption of rules on a regional basis because such an approach provides consistent 

rules across states. After development of regional model rules, MassDEP considers the necessity, 

feasibility, and cost effectiveness of the rules specifie to Massachusetts prior to proposing any 

regulations. In adopting the adhesives and sealants regulations, MassDEP included specific 

provisions to address regulatory needs in Massachusetts and to provide tlexibility to the 

regulated community. For example, MassDEP incorporated EPA's Adhesives and Sealants 

Control Techniques Guidelines requirements in its regulations and provided a"sell -through" 

provision to facilitate compliance for sellers and users of these regulated products. 

6. Comment: The process by which the OTC develops a VOC model rule is flawed because it 

does not provide defined certainty of positive environmental benefits for New England states as a 

result of adoption of its proposals, and the OTC proposals do not reflect the existing 

environmental achievements of the past ten years that have occurred due to air quality 

regulations promulgated by the Federal government. [MCTA] 

Response: The OTC states considered the environmental benefits of the adhesives and sealants 

rule and performed an emissions reduction analysis through an environmental consulting 

company. l Existing EPA regulations and their implementation status in each OTC state also 

were evaluated in the OTC's technical anaiysis. 2 The VOC emissions reductions attributable to 

the implementation of the OTC model rules are reductions that can be achieved beyond the 

reductions achievable from the implementation of EPA reguiations. 

The OTC strives to develop its model rules through a transparent process. In this process the 

OTC solicits input and data from all stakeholders including industry and OTC states through 

public meetings and an opportunity to provide written comments, and incorporates this input in 

its model rule. 

MassDEP participated in the OTC's Adhesives and Sealants model rule developrnent process, 

and based its analysis of the emissions reductions benefit that would be achieved in 

Massachusetts on the OTC's analysis. This analysis, which was provided in the Technical 

Support Document accompanying the proposed regulations, indicates significant VOC 

reductions of 2,300 tpy or 6.3 tons per summer day in 2013 in Massachusetts.3 

I Edward Sabo and Douglas A. Toothman, Identification and Evaluation of Candidate Control Measures, Fina( Technical Support 

Document, February 28, 2007, MACTEC Federal Programs, Ine., Prepared for the Ozone Transport Commission. 

2 lbid Footiiote 1. 

3 In the Technical Support Document accompanying the proposed regulations, the emission reductions were calculated for the 

first ycar in which the regulations were to be fully effective. MassDEP has chaneed the effective compliance dates in the 

regulations and, conseduently, May 1, 2016 is the 6rst date on which all provisions of the rebulations will be in effect. Thc 

emission reductions in 2017, the first full year in which all provisions of the regulations will be effective, will be greater than the 

projected reductions in 2013.
7. Comment: MassDEP's premise that changes have already occurred in the adhesives and 

sealants market due to similar regulations in surrounding states is incorrect. Massachusetts 

adhesives and sealants companies compete in a global marketplace against thousands of 

companies located in bus iness- friendly states outside of the OTC region. Proposed VOC 

regulations for adhesives and sealants do not exist, for example, in the South or Midwest, the 

home to many competitors. [MCTA] 

Response: While there are jurisdictions that do not restrict VOC content in adhesives and 

seaiants, California and most states in the OTC region, including the Northeast states, have 

adopted adhesives and sealants VOC regulations. Manufacturers of adhesives and sealants that 

are located in regions that do not regulate adhesives and sealants do not have any competitive 

advantage over Massachusetts manufacturers when they sell their products in the many states 

where adhesives and sealants are regulated because every company must comply with the same 

regulations. In addition, MassDEP's adhesives and sealants regulations regulate adhesives and 

sealants manufactured for use in Massachusetts; therefore, Massachusetts coinpanies can 

continue to manufacture higher-VOC products for sale in states that do not have similar 

regulations, enabling these companies to compete on a level playing field. Manufacturers that 

apply adhesives and sealants in Massachusetts would have to use compliant adhesives and 

sealants. However, competitively-priced compliant products already exist in the market and can 

be used to comply with the regulations. In addition, such manufacturers can choose to use 

higher-VOC non-compliant products if they employ appropriate pollution controls. Therefore, 

MassDEP believes there is sufficient flexibility in the regulations to enable Massachusetts 

companies to be competitive with out-of-state companies. 

8. Comment: The proposed regulations will have an immediate effect of increasing the cost of 

doing business in Massachusetts and there will be a significant impact on small manufacturing 

businesses that produce adhesives and sealants. MassDEP has not considered the cost impacts of 

the proposed regulations in general and has not identified the immediate cost impacts of the 

proposed regulations in its Small Business Impact Statement specifically. [MCTA] 

Response: MassDEP considered the costs of the proposed regulations, which are described in 

the Technical Support Document that accompanied the proposed regulations. No alternative or 

differing cost estimates were provided by any commenter on the proposed regulations. Based on 

MassDEP's cost estimates and the fact that similar regulations are in effect in surrounding states, 

MassDEP believes that there will not be a significant impact on businesses in Massachusetts. 

9. Comment: Answers provided by MassDEP to the Small Business Impact Statement 

requirements tend to be incorrect because the agency has not conducted mandatory outreach to 

impacted Massachusetts manufacturing companies. For example, the "NO" answer to the 

question "Is the regulation likely to deter the formation of small businesses in Massachusetts?" is 

incorrect because MCTA's correspondence with at least four companies that are directly 

impacted by the proposed regulations indicates that these companies will relocate their 

manufacturing operations to another state (outside the OTC) should the OTC model regulations 

be adopted. [MCTA]

5
Response: Many states already have adopted VOC content limits for adhesives and sealants and 

compliant products are readily available to Massachusetts small businesses. Therefore, 

MassDEP believes that adopting similar regulations will not deter the formation of small 

businesses in Massachusetts. MassDEP did not receive any data or information from the 

commenter in support of the assertion that companies will relocate outside of Massachusetts due 

to the regulations. MassDEP is always willing to consider specific information if submitted by 

affected companies or stakeholders, and is willing to work with companies affected by the 

regulations. 

10. Comment: MassDEP should conduct an extensive survey of state economic development 

agencies throughout the OTC region to determine if adoption of the OTC model rule for 

Adhesives and Sealants has resulted in the closure or relocation of such manufacturing 

operations. MassDEP can partner with the Executive Office of Housing and Economic 

Development to conduct such an economic impact analysis. [MCTA] 

Response: MassDEP is in regular commimication with other OTC states and is not aware of 

significant adverse effects on businesses in the OTC states that already have adopted the 

Adhesives and Sealants regulations. 

MassDEP researched and contacted adhesives and sealants manufacturers in Massachusetts and 

was able to identify only a few manufacturers that would be affected by the proposed 

regulations. In addition, MassDEP did not receive any comments from Massachusetts businesses 

to indicate that the regulations would pose an unreasonable cost. 

11. Comment: Why does MassDEP propose to exempt adhesives and sealants from the "Once 

in always in" policy requirement of its Reasonably Available Control Technology (RACT) for 

Volatile and Halogenated Organic Compounds? [EPA] 

Response: MassDEP exempted users of adhesives and sealants from this policy because many 

users are small and/or one-time users of adhesives and sealants. However, MassDEP made a 

change in its final regulations so that "CTG-affected facilities," as defined in 310 CMR 

7.18(30)(b), that become subject to the Adhesives and Sealants regulations also become subject 

to the "once in always in" requirement of 310 CMR 7.18(1)(d) as follows: 

(d) Any person who owns, leases, operates, or controls a facility which is or becomes subject 

to 310 CMR 7.18, except for those persons solely subject to 310 CMR 7.18(30) unless the 

facility is a CTG-affected facility as defined under 310 CMR 7.18(30)(b), Definitions, 

shall continue to comply with all requirements of 310 CMR 7.18, even if emissions from the 

subject facility no longer exeeed applicability requirements of 310 CMR 7.18. 

12. Comment: The following definitions in MassDEP's proposed regulations and EPA's 

Control Technique Guidelines (CTG) are not the same: Chlorinated Polyvinyl Chloride Plastic; 

Flexible Vinyl; Porous Materials; and Single-p1y Roof Membrane. Additionally, the following 

terms, which are defined in the EPA's CTG, are not defined in the proposed regulations: EPDM 

Roof Membrane; Motor Vehicle Adhesives; Motor Vehicle Weather-strip Adhesives. MassDEP 

should either revise these definitions to be consistent with EPA's CTG or provide documentation
supporting the alternative definitions, including a discussion of the alternatives' impact on 

emissions. [EPA] 

Response: MassDEP acknowledges that there are differences in some of the definitions 

proposed in these regulations as compared to the definitions in EPA's CTG. In response to this 

comment, MassDEP has changed the definition of "Porous Materials" to make it consistent with 

EPA's CTG definition. Other definitions were not changed in these finai regulations either 

because of technical reasons, or for the purpose of maintaining consistency with the regulations 

in other OTC states and California. Each of the comments on definitions and terms is addressed 

below: 

Chlorinated Polyvinyl Chloride Plastic. MassDEP has revised its definition of "Chlorinated 

Polyvinyl Chloride Plastic" in its final regulations as follows: 

CHLORINATED POLYVINYL CHLORIDE PLASTIC or CPVC PLASTIC means a polymer 

of the vinyl chloride monomer that ^^^*°iT°be^•°^en 56.'"A ^n-"^ o4 eh'orin^ has undertlone 

a polymerization chlorination process to inerease the chlorine content of the PVC polymer 

bevond its base chlorine content of 57 percent. CPVC plastic aPA-is normally identified with 

a CPVC marking. 

MassDEP researched the technical literature on CPVC prior to proposing its regulations and 

concluded that the chlorine content of CPVC spans a range of values. The value "56.7%" is the 

chlorine content of the polyvinyl chtoride base polymer. MassDEP only found a reference to the 

67% chlorine content (as in EPA's CTG) in conjunction with the extrusion grade chlorinated 

polyvinyl chloride used for piping applications. MassDEP has further investigated this issue and 

concluded that the chlorine content of the extrusion grade C.PVC used in pipes is not a fixed 

value; rather it spans a range of values depending on the application. In addition, pipes could be 

manufactured using an injection molding process. Therefore, MassDEP has adopted a definition 

that accounts for the range of chlorine values that may be in CPVC. 

Flexible Vinyl. MassDEP did not make any changes to its final regulations. The definition of 

Flexible Vinyl in MassDEP's regulations does not include a reference to "5 percent by weight 

plasticizer" (as in EPA's CTG definition) because MassDEP was not able to find any reference 

to this specification in technical literature as a determining criterion for flexible vinyl. MassDEP 

is concerned that such a specification may be too narrow. 

Porous Materials. MassDEP has changed the definition of "Porous Materials" in its final 

regulations by excluding wood from this definition in order to make it consistent with EPA's 

CTG definition. 

Single-ply Roof Membrane. MassDEP did not make any changes in its final regulations. 

MassDEP believes it is appropriate to include EPDM roof inembranes within the definition 

of "Single-ply Roof Membranes," consistent with other OTC states and California, with a 

VOC content limit of 250 gll. While EPA does not include EPDM in the definition of 

Single-ply Roof Membrane in its CTG, it regulates EPDM adhesives under the category of 

adhesives applied to rubber substrates, which also has a VOC content limit of 250 g/1.
Therefore, MassDEP's regulations and EPA's CTG require the same VOC content limit for 

EPDM. 

Undefined Terms. In its final regulations, MassDEP did not add a separate definition for 

"EPDM Roof Membrane" because its definition of "Single-ply Roof Membrane" incliudes the 

definition of EPDM. 

MassDEP did not add product categories for "Motor Vehicle Adhesives" and "Motor Vehicle 

Weather-strip Adhesives" in order to be consistent with other OTC states. These adhesives will 

be regulated under the applicable category limits for Adhesives Applied to Particular Substrates. 

The category limits for Adhesives Applied to Particular Substrates, with a maximum VOC limit 

of 250 g/1, are at least as stringent as the limits for "Motor Vehicle Adhesives" and "Motor 

Vehiele Weather-strip Adhesives" in the EPA CTG, which are 250 g/1 and 750 gll, respectively. 

13. Comment: Although the OTC model rule has definitions for "Tire Repair" and "Tire 

Retread" in order to distinguish between the two operations, it does not regulate adhesives 

applied for tire repair operations as a category; rather, these adhesives are regulated u.nder 

"Adhesives Applied to the Listed Substrate, Rubber" at 250 g/l. The correct category to be 

regulated with a VOC content limit of 100 gll is the "Tire Retread" category. This category, and 

not "Tire Repair" adhesives, also has been regulated under CARB's Determination of 

Reasonably Available Control Technology and Best Available Retrofit Control Technology for 

Adhesives and Sealants and various California air districts regulations with the same VOC 

content limit. MassDEP should change "Tire Repair" in the 310 CMR 7.18(30)(c) Table 1 of its 

proposed regulations to "Tire Retread". [DE] 

Response: In its final regulations, MassDEP has changed the term "Tire Repair" to "Tire 

Retread" in 310 CMR 7.18(30)(c) Table l, and has corrected the definition for this category in its 

Definitions section as follows: 

TIRE TRE4B RETREAD ADHESIVE means any adhesive intended by the 

manufacturer for application to the back of pre-cure tread rubber and to the casing and 

cushion rubber. Tire retread adhesive may also be used to seal buffed tire casings to 

prevent oxidation while the tire is being prepared for a new tread. 

14. Comment: Certain VOC limits in the proposed regulations are not the same as those in 

EPA's CTG: 

• MassDEP's limit for Automotive Glass Adhesives is more stringent than EPA's CTG 

limit 

• MassDEP's limit for wood adhesives is less stringent than that of EPA's CTG limit (120 

g/1 versus 30 g/1) because MassDEP's definition of Porous Materials includes wood 

• The proposed MassDEP regulations establish limits for the following product categories 

for which there are no VOC limits in the EPA's CTG: 

• Computer Diskette Jacket Manufacturing Adhesives 

• CPVC Welding Adhesives 

• Non-membrane Roof Installation/Repair Adhesives and Sealants 

• PVC Welding Adhesives
• Traffic Marking Tape Adhesive Primers 

• Adhesives Applied to Particular Substrates: Fiberglass 

• the six product categories listed under "sealants", and 

• the four product categories listed under "sealant primers" 

MassDEP should either revise the wood adhesives limit to be consistent with EPA's CTG or 

provide supporting documentation to demonstrate that this alternative limit represents RACT. 

[EPA] 

Response: In its final regulations, MassDEP has exctuded wood from the definition of "Porous 

Materials," and has added a category for wood under "Adhesives Applied to Particular 

Substrates" to be consistent with the more stringent VOC limit in EPA's CTG. The other 

categories in MassDEP's regulations for which there are no CTG definitions are consistent with 

the OTC model rule and provide additional emission reduction benefits and regional consisteney 

with other OTC states. 

15. Comment: The proposed re-wording of 310 CMR 7.19(1)(c)9. should be revised. As 

currently written, the first sentence is an incomplete sentence; this should be corrected by 

merging the first sentence with the second sentence in the paragraph. [EPA] 

Response: MassDEP did not make any change to 310 CMR 7.19(1)(c)9 in its final regulations. 

The first part of the text in 310 CMR 7.19(1)(c)9. is the last part of a sentence that starts at the 

beginning of 310 CMR 7.19(t)(c) with the words: "The requirements of 310 CMR 7.19 do not 

apply to:" and contimies with a numbered list. The second sentence in 310 CMR 7.19(1)(c)9. is 

a complete sentence that provides further information about item number nine in the list (i.e., 

about 310 CMR 7.19(1)(c)9). 

B. OTHER CHANGES TO THE FINAL REGULATIONS 

MassDEP made several other changes in its final regulations to provide clarification and/or 

technical corrections. 

1. Single-plv Roof Membrane Installation and Repair Adhesives, Single-ply Roof 

Membrane Sealants, and Single-ply Roof Membrane Adhesive Primers. 

MassDEP eliminated the proposed phase-in compliance provisions for sale and use of Single-ply 

Roof Membrane installation and repair adhesives, Single-ply Roof Membrane sealants, and 

Single-p1y Roof Membrane adhesive primers because the new compliance date for users of these 

products is three years later than the originally proposed full phase-in date (i.e., May 1, 2016 

instead of May 1, 2013). 

2. ASTM Test Methods. 

MassDEP eliminated specific ASTM test method citations in its final regulations because ASTM 

International frequently updates its test methods with new methods. Instead, a general reference 

to ASTM methods appears in the regulations.
3. Definition Changes. 

MassDEP made the following changes to clarify and/or provide a more accurate definition: 

PLASTIC CEMENT WELDING ADH.ESIVE means any adhesive intended by the 

manufacturer for use to dissolve the surface of €plastic to form a bond between mating 

surfaces. Plastic cement weldin2 adhesive does not include ABS welding, PVC welding, 

or CPVC weldin2 adhesives. 

METAL TO URETHANE/RUBBER MOLDING OR CASTING ADHESIVE means any 

adhesive intended by the manufacturer to bond metal to high density or elastomeric urethane 

or molded Rrubber materials, in heater heated molding or casting processes, *^^ 

4. Technical Correction regarding proposed language for 310 CMR 7.18(2)(a) 

As a technical correction, MassDEP has deleted the following language from the proposed 

regulations because MassDEP's original intention was to eliminate a potential conflict between 

the testing requirements specified in 310 CMR 7.18(30) and the requirements of 310 CMR 

7.18(2)(a): 

Persons Subject to 310 CMR 7.18 solely due to 310 CMR 7.18(30) are not subject to the 

testing requirements of 310 CMR 7.18(2)(a). 

Upon careful analysis, MassDEP has determined that the requirements of 310 CMR 7.18(2)(a) 

are not in conflict with the testing requirements specified in 310 CMR 7.18(30). On the 

contrary, they complement the latter because they provide the necessary averaging times for the 

EPA test methods specified in 310 CMR 7.18(30)(f). 

5. Editorial Changes. 

In the final regulations, MassDEP made a few editorial changes that provide a cleaner text. For 

example, MassDEP has reorganized the table of standards in 310 CMR 7.18(30)(c) to list the 

product categories in alphabetical order.

ul
Issue: 1242, Date: August 30,2013 

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Published by: 

The Secretary of the Commonwealth, 

William Francis Galvin, Secretary

	

$15.00
Issue: 1242 Date: 8/30/I3 

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CONTENTS .,..

Pa e 

Acts and Resolves	 1 

—	

1i;

State Register of Historic Places	 3 

;i U^ It MIL 

Arnendment to the September 13, 2001 Interbasin Transfer Approval 

Foxborough Witch Pond Wells	 5 

;,•	^	..;^_.	.	^,, 

Departhnent of Elementary and Secondary Education	 11 

ADNHMSTRATIVE PROCEDURES

1'lotices of Public Review of Prospective Regulations	 13 

Cumulative Table	 119 

Notice of Expiration of Emergency Regulation	 - 

Emergency Regulations	 131 

Permanent Regulations	 137 

Future Effective Date Regulations	 - 

1dYASSACIIiJSET'I'S REGISTEgt (TIiEE) (ISSN-08963681) is published biweekly for $300.00 per year by the 

Secretary of the Commonwealth, State House, Boston, MA. 02133. Second Class postage is paid at Boston, MA. 

POSTMASTER: Send address change to: Massachusetts Register, State Bookstore, Room 116, State House, Boston, 

MA 02133.
Pa^e 

Permanent Itegulations 

1431 CNM	Ezecutive O^'ice of Health and Flnanan Services 

129.000	Rate and Charge Determination for Certain Internmediate Care Facilities 

Operated by the Department of Developmental Services	

137 

Governs the payment rates for all care and services provfded to 

publ icly-aided patients by Intermediate Care Facilities (ICFs) operated by 

the Department of Developmental Services. 

114 C^	1}ivision of 13ealth Care Finance and Policy 

114.1 

29.00	Rate and Charge Determination for Certain Interrnediate Care Facilities 

Operated by the Department of Developmenta.l Services	

139 

Repeals Chapter. 

263 CMR	Board of l2egistration of Physician Assistants 

5.00	Scope of Practice and Employment of Physician Assistants - Compliance	

141 

310 C'1Vi1Z	I}epartment of Environmental Protection 

7.00	Air Pollution Control

	

143 

Adds a new section 310 CMR 7.18(30), Adhesives and Sealants, that 

establishes volatile organic compound content limits for industrial 

adhesives and sealants and assocrated cleaning and surface preparation 

operations; makes minor associated changes to certain sections of 

310 CMIZ 7.18 to make those sections consistent with the new.Adhesives 

and Sealants regulations; and makes minor technzcal clarifications to 

310 CMR 7.19 and 310 CMR 7.00: Appendix B. 

$01 CMR	Executive f3ffice for Administration and F'inance 

4.00	Rates

	

145 

Updates the licensingfees forprofessionals licensed by the Boards and are 

commensurate with the cost of the services provided by the Boards of 

Registration in Optometry, Professional Engineers and Land Surveyors, 

Veterinary Medicine, and Allied Health Professionals (Boards).

I . Con-imonvvealth of Ma5sachu5etts 

Executive Office of Energy & Environmental Afffairs 

Department of Environmental Protection 

One Writer St r eet Boston, MA 021 08 • 6117-292-5500

T — 

CERTIFICATION 

RE: Public Review process on the proposal to amend 310 CMR 7.00 

I hereby certify that: 

Notice of the public hearing was published on the following dates in the following newspaper: 

Paper name: Boston Globe	

Date: October 17. 2011 

That the notices specified the date, time and place of the public hearings to be held on the 

proposed amendments to: 

1) Adhesives and Sealants regulations, 3 10 CMR 7.18(30); 

2) Reasonably Available Control Technology (RACT) for Volatile and Halolg enated Organic 

Coi-npounds, 3 ) 10 CMR 7. 1 S; 

3) RACT for Sources of Oxides of Nitrogen (NOx), 310 CMR 7.19; 

4) Emission Banking, Trading, and Averaging, 310 CMR 7.00: Appendix B, 

5) Definition of Miscellaneous Metal Parts and ProdLIcts, 310 CMR 7.00, and 

6) Volatile Organic Compound (VOC) Definition, 3 )10 CMR 7.00. 

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 Protection Agency, to anv 

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 Depai-tment of Environmental Protection, pursuant to the above notices and in 

conformance with M.G.L. Chapter 30A and the provisions of 30 CFR 51.4(b): 

This information is available in alternate forinat. Call Mictielle Waters-Ekanein, Diversity Director, at 617-292-5751. TDD# 1-866-539-7622 or 1-617-574-6868 

MassDEP \/Vebs,te WWYV fflasS gov,dep 

Priiitel on Recycied Papef
Date:	11 / 17/2011 

Location:	MassDEP Headquarters 

2nd Floor Conference Rooms B and C 

One Winter Street 

Boston, MA 02108

, 

,-	 r 

ATTEST:	

Name: Azin Kavian 

r

	

Hearing Officer 

Date: 10/23/2013
Kavian, Azin (®EP) 

From:	 legals@globe.com

Sent:	 Saturday, October 15, 2011 12:13 AM 

To:	 Kavian, Azin (DEP) 

Subject:	 Re: Legal Advertisement 

Attachments:	Adhesives_pn_#.doc * 

Thank you for your email to legals@globe.com. 'I'12is auto reply is to confirm receipt of your email. 

Email correspondence is read Monday - Friday, 9:00 a.m.-4:30 p.m. 

Email received after 4:30 p.m. weekdays, during the weekend, or on holidays will be answered the next 

business day. 

Thank you for doing business with the Boston Globe. 

in response to:

"Kavian, Azin (DEP)" 

<azin.kavian@state.ma.us >	To"legals@globe.com" <tegals@globe.com> 

I O11412011 03:03 PM

cc 

SubjectLegal Advertisement 

I would like to run a legal notice on Monday October 17, 2011. My contact information is: 

Azin Kavian 

MassDF,P 

One Winter Street, 8th floor 

Boston, MA 02108 

Phone: 617-574-6801 

Azin.Kaviang,state.ma.us

The billing address (for the bill and tear sheet) is: 

Jack Flynn 

MassDEP 

One V4'inter Street, 8th floor 

Boston, MA 02108 

The advertisenlent text is enclosed (in MS Word) and also reproduced below. Please contact me if you have 

any questions or comments. I would like to receive a confirmation via email regarding receipt of this email. 

Thank you. 

— ___	--- Text of the Advertisement
THE COMMONWEALTH OF MASSACHUSETTS 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

BUREA[J OF WASTE PREVENTION 

NOTICE OF PIJBLIC HEARING 

310 CMR 7.00 

Notice is hereby given that the Massachusetts Department of Environmental Protection 

(IVIassDEP), under its authority pursuant to M.G.L. Chapter I 11, Sections 142A through 142E, and 

in conformance with M.G.L. Chapter 30A, will hold a public hearing on proposed amendments to 

310 CMR 7.00 to: 

1. add a new section governing adhesives and sealants, 310 CMR 7.18(30), to its regulations 

for Volatile and Halogenated Organic Compounds, 310 CMR 7.18, to further reduce 

emissions of volatile organic compounds (VOCs); 

2, amend the existing Reasonably Available Control Technology (RACT) for Volatile and 

Halogenated Organic Compounds, 310 CMR 7.18, and RACT for Sources of Oxides of 

Nitrogen (NOx ), 310 CMR 7.19, regulations to clarify the relationship between RACT and 

Best AvaiIable Control Technology (BACT) or Lowest Achievable Emission Rate (LAER) 

determinations in plan approvals and the applicability of Emission Control Plans (ECPs); 

3. amend the existing RACT for Volatile and Halogenated Organic Compounds, 310 CMR 

7.18, to clarify ECP submittal requirements; 

4. amend Emission Banking, Trading, and Averaging, 310 CMR 7.00: Appendix B, to clarify 

the original intent of MassDEP to exclude certain emissions averaging ("bubbles") from the 

requirements of 310 CMR 7:00: Appendix B(4); 

5. amend the current definition of Miscellaneous Metal Parts and Products in 310 CMR 7.00; 

and 

6. add the compounds dimethyl carbonate and propylene carbonate to the list of exempt 

compounds in the current definition of Volatile Organic Compound (VOC) in 310 CMR 

7.00. 

The proposed Adhesives and Sealants amendments are part of Massachusetts' strategy to reduce 

ground-level ozone in order to meet the National Ambient Air Quality Standards for ozone. Other 

proposed amendments include technical corrections and measures to provide consistency with U.S. 

Environmental Protection Agency (EPA) and other MassDEP regulations. These amendments will 

be submitted to EPA as part of the Massachusetts Ozone State Implernentation Plan (SIP). 

A public hearing will be held 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 17, 2011 at 1:00 p.m. 

MassDEP Headquarters
2nd Floor Conference Rooms B and C 

One Winter Street 

Boston, MA 02108 

Directions: http://www.mass.gov/dep/about/organization/depdir.htm

MassDEP will accept written comments received prior to 5:00 p.m. on Monday, November 28, 

2011. Please send written comments electronically via email to: Azin.Kavian@state.ma.us. Please 

include "Adhesives and Sealants Public Hearing Comments" in the subject matter of the email. 

Paper copies of written comments also may be sent to: Azin Kavian, Environmental Analyst, 

MassDEP, One Winter Street, Boston, MA 02108, RE: Adhesives and Sealants Public Hearing 

Comments. 

For special accommodations 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 

02108. This information is available in alternative format upon request. 

A copy of the proposed amendments and technical support document is available on the MassDEP 

website at: www.mass.gov/dep/public/publiche.htm . Copies may also be obtained by calling Azin 

Kavian at 617-574-6801. 

By order of the Department 

Kenneth Kimmel, Commissioner 

(See attached f le: Adhesives_pn f. doc)

9