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



### Date: **May 18, 2015 Subj**  **ect :**  Technical Support Document for Massachusetts VOC Control

Regulations **To :**  SIP fi le for docket # EPA

- R01
- OAR
- 2014
- 0 631 **Thru:** Anne Arnold, Manager

Air Quality Planning Unit **From:** Bob McConnell, Environmental Engineer

Air Qual ity Planning Unit On June 1, 2010 , and July 10, 2014, M assachusetts submitted formal revision s to its State Implementation Plan (SIP). This technical support document reviews the adequacy of the VOC control regulations made within these submittals. The June 1, 2010 SIP revision request contains an updated version of the Commonwealth’s consumer products rule, which will reduce volatile organic compound (VOC) emissions from consum er products and also architectural and industrial maintenance (AIM) coati ngs . The Commonwealth’s July 10, 2014 submittal contains a regulation limiting VOC emissions from adhesives and sealants. The Commonwealth’s consum er products regulation is discussed below within two separate sections; section I. discusses AIM coatings, and section II. discusses consumer products. T he product emission limits within the Commonwealth’s submittals were com pared to limits previously adopted by EPA. The tables below provide the re sults of this detailed, product

- by

- product comparison.2



### I. **Aim Coatings** With regard to AIM coatings, the Commonwealth’s June 1, 2010 submittal included an amendm ent to Chap ter 31 0 of the Code of Massachusetts Regulations (CMR), section 7.25, Best Available Controls for Consumer Products. This regulation inc ludes controls for AIM coatings, and EPA approved Massachusetts initial regulation for these coatings on December 19, 1995 (60 FR 65240), with a minor update approved on April 11, 2000 ( 65 FR 19323 ) . Table 1 provides a comparison of the coating emission V OC content limits, in grams/liter, within the Commonwealth’s am ended rule and EPA’s limits for these coatings contained within 40 CFR Part 59, Appendix D, National VOC Emission Standards for Architectural Coatings
. Within Table 1 and the tables that follow , an entry of “NA” under the “ EPA” colum

n indicates the coating category is not included within the federal rule. Table 1: AIM Coatings VOC Content Limits **Coating Category VOC Content Limit (grams/liter)**  **MA DEP EPA**  **General coatings** Flat coatings 100 250 Non
- flat coatings 150 380 Non
- flat high

- gloss coatings 250 NA **Specialty coatings** Antenna coatings 530 530 Antifouling coatings 400 450 Bituminous roof coatings 300 500 Bituminous roof primers 350 500 Bond breakers 350 6003

Calcimine recoater 475 475

Clear Wood Coatings: 1. Clear brushing lacquers 2. L acquers (including lacquer sanding sealers) 3. Sanding sealers (other than lacquer sanding sealers) 4. Varnishes 680 550 350 350 NA

680 NA 450
Concrete curing compounds 350 350 Concrete surface retarders 780 780 Conversion varnishes 725 725 Dry fog coatings 400 400 Faux finishing coatings 350 700 Fire resistive coatings 350 850/450 Fire retardant coatings: 1. Clear 2. Opaque 650 350 850

450 Floor coatings 250 400 Flow coatings 420 450 Form
- release compounds 250 450 Graphic arts coatings (sign paints) 500 500 High temperature coatings 420 650/420 1

1 The federal AIM rule separates these coatings into high temperature coatings, with a VOC content limit of 650 grams per liter (g/l) , and heat reactive c oatings, with a limit of 420 g/l
.4

Impacted immersion coatings 780 780 Industrial maintenance coatings 340 450 Low
- solids coatings 120 120 Magnesite cement coatings 450 600 Mastic texture coatings 300 300 Metallic pigmented coatings 500 500 Multi

- color coatings 250 580 Nuclear coatings 450 450 Pretreatment wash primers 420 780 Primers, sealers, and undercoaters 200 350/400 2 Quick dry enamels 250 450 Quick dry primers, sealers, and undercoaters 200 450 Recycled coatings 250 NA Roof coatings 250 250 Rust preventative coatings 340 400

Shellacs 3 1. Clear 2. Opaque 730 550 730

550 Specialty primers, sealers, and undercoaters 350 NA Stains 250 550/350 4

2 The federal AIM rule establishes a VOC content limit of 350 g/l for primers and undercoaters, and a limit of 400 g/l for sealers. 3 The Commonwealth defines “shellacs” more narrowly than the federal AIM rule; the former only includes coatings derived from the resinous secretions of the lac beetle, w hereas the latter includes such coatings and also other similarly derived coatings.5

Swimming pool coatings 340 600 Swimming pool repair and maintenance coatings 340 NA Temperature
- indicator safety coatings 5 550 NA Thermoplastic rubber coatings and mastics 550 550 Traffic marking coatings 150 150 Waterproofing sealers 250 600 Waterproofing concrete/masonry sealers 400 NA Wood preservatives 350 550/550/550/350 6 

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

4 The federal AIM rule separates this category into clear stains, which have a VOC content limit of 550 g/l, and semitransparent & opaque stains, which are held to a limit of 350 g/l. 5 The federal AIM rule covers these coatings under the limit for high temperature coatings. 6 The federal AIM rule separates this category into four parts with the following VOC content limits: below ground wood treatment preservatives, clear wood preservatives, and semitransparent wood preservatives, 550 g/l; opaque wood preservatives, 350 g/l.6



### Table 2: Cross

- link between federal AIM rule and MA

- DEP rule for certain coating categories

**Federal AIM rule MA DEP rule**  **Coating category VOC content**  **limit (g/l) Corresponding MA**  **- DEP**  **category VOC content**  **limit (g/l)** Anti

- graffiti coatings 600 Industrial maintenance coatings (permanent ty

pe) 340 Bituminous coatings and mastics 500 Flat or non

- flat (for bituminous pavement sealers) Bituminous roof coating Bituminous roof primers Industrial maintenance coatings Metalic pigmented coatings (for bituminous aluminum roof coatings that meet the metallic pigmented c oating definition) 100/150
300 350 340 500

Chalkboard resurfacers 450 Industrial maintenance coatings 340 Concrete curing and sealing compounds 700 Concrete curing compounds Water proofing concrete/masonry

sealers 350

400 Concrete protective coatings 400 Water proofing concrete/masonry

sealers 400 Extreme high durability coatings 800 Industrial maintenance coatings 340 Heat reactive coatings 420 Industrial maintenance coatings 7 340 Nonferrous ornamental metal lacquers and surface protectants 870 Rust preventative coatings 400 Repair and maintenance thermoplastic coatings 650 Industrial maintenance coatings 340 Stain controllers 720 Low solids 120 8 Zone marking coatings 450 Traffic marking 150

7 The Commonwealth’s industrial maintenance coating VOC content limit applies to heat reactive coatings unl ess they are applied in the field. 8 Including water and exempt coatings7 

### Massachusetts’ revised requirements for AIM coatings contains a “s ell through” provision which enabled coating manufacturers to sell coatings manufactured before the effective date of these requirements to be sold for up to three years from the rule’s Janu ary 1, 2009 compliance date. The rule also includes labeling and recordkeeping requirements that are consistent with EPA’s requirements. Coating manufacturers must maintain coating production records for a minimum of 5 years, and make these records avail able upon request. Additional updates to the Commonwealth’s previously SIP

- approved requirements for AIM coatings include the following items: 1. The requirement at 7.25(4) regarding a prohibition against specifying non

- compliant AIM products for work to be done within Massachusetts was moved to 7.25(11) because it pertains to AIM coatings, and does not apply to consumer and commercial products. 2. A provision explaining that possible future emission standards prom ulgated by EPA would override existing Mass achusetts standards was removed. We note, however, that any future EPA standards that are more stringent that the comparable Massachusetts standard would indeed need to be complied with
. 3. Requirements for products registered pursuant to the Federal Insec ticide, Fungicide, and Rodenticide Act (FIFRA) were mo ved from

7.25(6) to 7.25(11) and (12). 4. The existing innovative products exemption was moved from 7.25(7) to 7.25(12); 5. The requirement at 7.25(8) that compliance certifications be submitted to the Ma ssachusetts Department of Environmental Protection (MA

- DEP) was removed, but the obligation for sources to prepare and maintain this information on site, and submit it to MA

- DEP upon request, was retained. The updates Massachusetts has made to its existing AIM coatings regulation strengthen the rule and are consistent with the Clean Air Act, and8



### we therefore I recommend approving them as revisions to the Commonwealth’s SIP.
**II. Consumer products requirements.**  The Commonwealth’s updated consumer product requirements became effective January 1, 2009, by which time other OTC states, and California, had adopted similar limits. This enables manufacturers to achieve com

pliance by using product reformulations that ar e similar to the available compliant products in other jurisdictions. Table 3 below contains the VOC content limits within Massachusetts’ updated regulatio n and the federal requirements located at 40 CFR 59, Subpart C, “National VOC Emission S tandards for Consumer Products.” In Table 3, “NA” entries within the EPA column indicates that product category is not contained within the federal rule. The consumer products provisions of 310 CMR 7.25 contain a num ber of flexibility provisions, including the three year sell through provision mentioned earlier with regard to the AIM coating requirements. The rule also allows an entity to apply for a variance that would postpone com pliance upon a successful showing of an economic hardship due to the tightened limits within the rule. A manufacturer may apply directly to the MA
- DEP for such an exemption, or alternatively, may request that an exem ption awarded by CARB be used for compliance in Massachusetts. In the latter case, the CARB issued exemption must be shown to be based on data that is valid in the Commonwealth. In order for a variance to be granted, a source must meet a number of requirements including a demonstration that compliance would result in extraordinary economic hardship, and submittal of a compli ance report indicating that the source will meet the rule’s requirements as expeditiously as possible. Additionally, the rule requires that any such request for a variance be subject to a public hearing, and must also be approved by EPA before becoming ef fective. The Commonwealth initially chose to not allow alternative com pliance plans (ACPs) within its regulation, but changed course and adopted provisions allowing for them within amendments made on March 6, 2009, in part due to comments from industry requesting this flexibility. The provision allows manufacturers to average VOC emissions among products9



### to m eet overall VOC emission limits, and is used by other OTC states and by CARB within their consumer products rules. After consulting with other st ates on their experience offering this flexibility, the Commonwealth determined that it was appropriate to allow this with its consumer products regulation. EPA commented that any such ACP would need to be approved into the Massachusetts SIP, and within i ts response to comments the Commonwealth committed to submit any such ACP it receives to EPA for approval into the Massachusetts SIP.
Table 3: Consumer Products VOC Content Limits
**Consumer Product Category VOC Content Limit**  (g/l) **MA DEP EPA**  **Adhesive removers** Floor or wall covering 5 NA Gasket or thread locking 50 NA General purpose 20 NA Specialty 70 NA

**Adhesives** Aerosols: Mist spray Web spray 65 55 75

Special purpose spray

adhesives: Mounting; automobile engine compartment; flexible vinyl Poly st yr ene foam and automobile 70

65 NA

NA10

headliner Polyolefin and laminate repair/edgebanding 60 NA

Contact: General purpose Special purpose 55 80 80

Construction, panel, floor covering 15 40 General purpose 10 10 Structural, waterproof 15 15

**Air fresheners** Single

- phase aerosol 30 70 Double

- phase aerosol 25 30 Dual purpose freshener/disinfectant 60 NA Liquids/pump spray 18 18 Solids/gels 3 3

**Antiperspirants** Aerosol 40 HVOC 9 10 MVOC 10 60 HVOC NA Non
- aerosol 0 HVOC 0 MVOC NA

**Anti -**  **static (non -**  **aerosol)** 11 NA

9 HVOC (High volatility organic compound) means a VOC that exerts a vapor pressure greater than 80 millimeters (mm) of Mercury (Hg) when measured at 20 degrees centigrade. 10 MVOC (Med ium volatility organic compound) means a VOC that exerts a vapor pressure greater than 2 mm Hg and less than or equal to 80 mm Hg when measure at 20 degrees centigrade.11 **Automotive brake cleaners** 45 NA **Automotive rubbing or polishing**

**compound** 17 NA
**Automotive wax, polish, sealant or**

**glaze** Hard paste waxes 45 NA Instant detailers 3 NA All other forms 15 NA **Automotive windshield washer fluid** 35 35 **Bathroom and tile cleaners** Aerosols 7 7 All other forms 5 5 **Bug and tar remover** 40 NA **Carburetor and choke cleaners** 45 75 **Carpet and Upholstery Cleaners** Aerosols 7 NA Non
- aerosols (dilutables) 0.1 NA Non
- aerosols (ready - to - use) 3.0 NA **Cooking spray aerosols** 18 18

**Deodorants** Aerosol 0 HVOC 10 MVOC 20 HVOC

Non
- aerosol 0 HVOC NA12 0 MVOC **Dusting aides** Aerosols 25 35 All other forms 7 7

**Engine degreasers**  Aerosols 35 75 Non
- aerosols 5 75 **Electrical cleaner** 45 NA **Electronic cleaner** 75 NA **Fabric protectants** 60 75

**Fabric refresher** Aerosol 15 NA Non
- aerosol 6 NA

**Floor polishes/waxes** Products for flexible flooring materials 7 7 Products for non

- resilient flooring 10 10 Wood floor wax 90 90 **Floor wax strippers 11**  For removal of light or medium build

- up of polish 3 (as applied) NA

For removal of heav y build

- up of polish 12 (as applied) NA

11 The label of each non

- aerosol floor wax stripper must specify a dilution ratio for li ght, medium, or heavy build

- up of polish.13

**Foot ware of leather care products** Aerosol 75 NA Solid 55 NA All other forms 15 NA **Furniture maintenance products** Aerosol 17 25 All other forms except solid or paste 7 NA

**Graffiti remover** Aerosol 50 NA Non
- aerosol 30 NA **General purpose cleaners** 10 Aerosols 10 Non
- aerosols 4 **General purpose degreasers** Aerosols 50 NA Non
- aerosols 4 NA

**Glass cleaners** Aerosols 12 12 All other forms 4 8 **Hair mousses** 6 16 **Hair shines** 55 NA **Hair sprays** 55 80 **Hair styling gels** 6 614 **Hair styling products** Aerosol and pump spray s 6 NA All other forms 2 NA **Heavy -**  **duty hand cleaners or soaps** 8

**Insecticides** Crawling bug 40 Aerosol 15 All other forms 20 Flea and tick 25 25 Flying bug 35 Aerosol 25 All other forms 35 Foggers 45 45 Lawn and garden 20 Non
- aerosol 3 All other forms 20 Wasp and hornet 40 NA

**Laundry prewash** Aerosol/solids 22 22 All other forms 5 5 **Laundry starch products** 5 5 **Metal polishes/cleaners** 30 NA **Multi -**  **purpose lubricant** (Excluding 50 NA15

solid or semi

- solid products) **Nail polish removers** 75 85 **Non -**  **selective terrestrial herbicide;**
**non -**  **aerosols** 3 NA

**Oven Cleaners** Aerosols/pump spray s 8 8 Liquid 5 5 **Paint remover or stripper** 50 NA **Penetrants** 50 NA **Rubber and vinyl protectants** Non
- aerosol 3 NA Aerosol 10 NA **Sealants and caulking compounds** 4 NA **Shaving creams** 5 5 **Shaving gel** 7 NA **Silicone -**  **based multi -**  **purpose lubricants**  (excluding solid or semi

- solid products) 60 NA

**Spot removers** NA Aerosols 25 Non
- aerosols 8 **Tire sealants and inflators** 20 NA **Toilet/urinal care products** NA16

Aerosols 10 Non
- aerosols 3

**Wood cleaners** NA Aerosols 17 Non
- aerosols 4 **Undercoatings**

**– aerosols**  40 NA


### The VOC content limits within Table 3 indicate that in all instances the Commo nwealth’s limits are equal to, or more stringent than , the com parable EPA limit. Our review of these amendments to Massachusetts’ consum er products regulation finds that they act to substantially strengthen them and will help to further reduce VOC emiss ions, and we are therefore approving them into the Commonwealth’s SIP. **III. Adhesives and sealants regulation**  The Commonwealth’s adhesives and sealants regulation imposes VOC content limits or other controls on a number of products, and is based on similar control m easures that many California air districts, and other states in the Northeast, have adopted. In particular, Massachusetts based its regulation on a 2006 OTC model rule, which in turn was based on earlier requirements adopted in California, and on EPA’s 2008 document, “Control Techniques Guidelin es for Miscellaneous Adhesives.” EPA develops Control Technique Guidelines (CTGs) to assist states with determining the appropriate level of control for sources subject to RACT. D ue to its inclusion within the Ozone Transport R egion, the Commonwealth is required to ensure that RACT is applied to industrial sourc es in the state pursuant to section 184(b )(1)(B) of the CAA. In 2006, 2 007, and 2008, EPA published final CTGs for a number of VOC emitting activities, and Massachusetts’ adoption of this regulation satisfies the states obligation to adopt regulations for this particular CTG. Although Massachusetts ’ existing Consumer Products regulation at 310 CMR 7.25(12) regulates “household” adhesives and sealants, it exempts such products sold in containers and volumes more than 16 fluid ounces or17



### weighing more than 1 pound. Many of these exempted items would be covered by the Commonwealth’s adhesives and sealants rule. The com pliance date within the Commonwealth’s adhesives and sealants rule is January 1, 2015 with regard to a manufacturer of products sold in the state. Additionally, the compliance date is September 1, 2015, for any person who sells, supplies, or offers for sale any covered product in Massachusetts, and May 1, 2 016 for any person who uses, applies, or solicits the use of covered products in Massachusetts. Table 4 below provides the VOC content limits contained within the rule for the covered product categories, which are adhesives, sealants, adhesive primers, and sealant primers, and Table 5 contains the VOC content limits for adhesives applied to particular substrates. The Commonwealth’s adhesives and sealants rule also contains testing, labeling, and recordkeeping requirements for entities subject to the rule.
Table 4: VOC Content L imits from the Massachusetts Adhesives and Sealants rule

**Product Category VOC Content Limit (as applied)**  **(grams/liter) Adhesives**  ABS welding 400 Ceramic tile installation 130 Computer diskette jacket manufacturing 850 Contact 250 Cove base installation 150 CPVC welding 490 Indoor floor covering installation 150 Metal to urethane/rubber molding or casting 85018

Multipurpose construction 200 Non
- membrane roof installation/repair 300 Outdoor floor covering installation 250 Perimeter bonded sheet vinyl flooring installation 660
Plastic cement welding (non

- ABS) 500 PVC welding 510 Sheet rubber lining installation 850 Single

- pl y roof membrane installation/repair 250 Structural glazing 100 Thin metal laminating 780 Tire retread 100 Waterproof resorcinol glue 170

**Sealants** Architectural 250 Marine deck 760 Non
- membrane roof installation/repair 300 Roadway 250 Single

- pl y roof membrane 450 Other 420

**Adhesive Primers** Automotive glass 700 Plastic cement welding 65019

Single

- pl y roof membrane 250 Traffic marking tape 150 Other 250

**Sealant Primers** Non
- porous architectural 250 Porous architectural 775 Marine deck 760 Other 750

Table 5: VOC Content L imit for Adhesives Applied to Particular Substrates

**Substrate Category VOC Content Limit as Applied**  **(grams/liter)** Flexible Vinyl 250 Fiberglass 200 Metal 30 Porous Material 120 Reinforced plastic composite 200 Rubber 250 Wood 30 Other substrates 25020 

### The Massachusetts rule contains VOC c ontent limits that are equal to, or more stringent than , the com parable limits within EPA’s CTG. EPA’s CTG contains VOC content limits for “motor vehicle adhesives” and “motor v ehicle weather

- strip adhesives,” two product categories not directly addressed in the Commonwealth’s rule. In its response to comments docum ent prepared for the adhesives and sealants rulemaking, Massachusetts notes this difference and indicates that adhesives that fall under these two categories will be regulate d under the applicable category limits for adhesives applied to particular substrates. These limits have a maxim um VOC content of 250 grams/liter and are at least as stringent as the limits for motor vehicle adhesives and motor vehicle weather

- strip adhes ives within EPA’s CTG.

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