MassDEP Finalizes Amendments to Best Available Controls for Consumer & Commercial Products

Beveridge & Diamond, P.C. - Massachusetts Environmental & Land Use Alert, November 2007

Effective October 19, MassDEP has amended the air quality control regulations to amend 310 CMR Section 7.25 - Best Available Controls for Consumer and Commercial Products.  The amendments lower the volatile organic compound (VOC) content limits for certain existing product categories and establish VOC content limits for several newly-defined product categories.  MassDEP states that this amendment will reduce VOC emissions from consumer products and architectural and industrial maintenance coatings.  Massachusetts is currently in  nonattainment for the 8-hour ozone National Ambient Air Quality Standard.

MassDEP has indicated that the rule is “substantially consistent” with the Northeast Ozone Transport Commission model rules, after changes were made to the original proposed rule to make it more consistent with the model rule.  In addition, MassDEP has indicated it would conduct a separate rulemaking to add an “alternative control plan” provision for consumer products, consistent with the Northeast Ozone Transport Commission model rules.  Such a provision would allow for reduced requirements where a manufacturer has received approval to average emissions of several products subject to a cap.  It is now anticipated that an alternative control plan provision would provide needed assistance to manufacturers as air quality regulations for consumer products become more stringent over time.   

For further information, please contact Jeanine Grachuk at jgrachuk@bdlaw.com.