J INOTS

REGTSTER

Section

Numbers:

223.

100

223.105

223.

120

223.200

223.201

223-203

223.205

223.206

223.207

223.208

223.209

223

.2 10

223.220

223.230

223.240

223.245

223.250

223.255

223.260

223.265

223.270

223.275

223.280

223.285

223.300

223.305

223.307

223.3

223.320

223.330

223.340

223.350

223.360

223.370

Proposed

Action:

New

POLLUTION

CONTROL

BOARD

NOTICE

PROPOSED

RULES

Heading

the

Part:

Standards

and

Limitations

for

Organic

Material

Emissions

for

Area

Sources

Code

Citation:

Iii.

Adm

Code 223

ILLINOIS

POLLUTION

CONTROL

BOARD

NOTICE

OF PROPOSED

RULES

Statutory

Authority:

Sections

and

the Illinois

Environmental

Protection

Act.

[415 ILCS

5/27

and

28]

A Complete

Description

the

Subjects

and

Issues

Involved:

These

regulations

are

proposed

order to

attain

the new

USEPA

ozone

NAAQS

2010

and

protect

the

health

Illinois

citizens.

The

regulations

seek

to reduce

volatile

organic

material

emissions

(“VOM”)

from various

consumer

products,

architectural

and

industrial

maintenance

products.

adopted,

the

rule will

take

effect

January

2009. These

products

represent

significant,

yet

widely

diffuse,

sources

of VOM

and

are comprised

the

various

forms

of consumer

products

used

by individual

households

and

small

businesses.

Together,

these

items

emit

about

10%

of the

total anthropogenic

VOM

emissions

from

sources

Illinois.

Published

studies

or reports,

and

sources

underlying

data,

used

to compose

this

rulemaking:

The regulatory

proposal

included

the Illinois

EPA’s

Technical

Support

Document

that

relied

several

published

studies

and

reports.

Copies

the

documents

the Illinois

EPA

relied

upon

are available

for

review

with

the

Pollution

Control

Board.

Will

this rulemaking

replace

any

emergency

rulemaking

currently

effect?

Does

this

rulemaking

contain

automatic

repeal

date?

Does

this

rulemaking

contain

incorporations

reference?

Yes

10)

Are there

any other

proposed

rulemakings

pending

this Part?

11)

Statement

of Statewide

Policy

Objective:

This proposed

rulemaking

does

not

create

enlarge

State

mandate,

defined

in Section

3(b)

of the

State

Mandates

Act

[30

ILCS

805/3(b)

(2002)].

12)

Time,

Place,

and

Manner

which

interested

persons

may

comment

this proposed

rulemaking:

The

Board

will

written

public

comment

this proposal

for 45

days

after

the

date of

publication

the

Illinois

Comments

should

reference

Docket

R09-08

and

be addressed

to:

John

Therriault,

Chief Clerk

Clerk’s

Office

Illinois

Pollution

Control

Board

100

Randolph

St.,

Suite

1-500

ILLINOIS

POLLUTION

CONTROL

BOARD

NOTICE OF

PROPOSED

RULES

Chicago,

60601

Interested

persons

may

request

copies

of the

Board’s

opinion

and

order

calling

the

Clerk’s

office

312-814-3620,

download

from

the

Board’s

Web

site

www.ipcb.state.il.us.

For

information

contact

Tim

Fox

312/814-6085

foxt@ipcb.state.il.us.

13)

Initial

Regulatory

Flexibility

Analysis:

Types

small

businesses,

small

municipalities

and

not

for

profit

corporations

affected:

This

proposed

rulemaking will

have

a modest

impact

on small

businesses

throughout

the

State.

Reporting,

Bookkeeping

or other

procedures

required

for

compliance:

new

forms

recordkeeping

are

projected

needed.

Although

new

topic

for

some

companies,

most

calculations

will

be familiar.

Standard

bookkeeping

and

recordkeeping

skills

will

suffice.

Many

larger

companies

are already

performing

the reporting,

bookkeeping

and

compliance

duties

other

states.

Types

of professional

skills

necessary

for compliance:

Traditional

accounting

skills

and recordkeeping

skills

will suffice.

new

professional

skills

will

necessary.

14)

Regulatory

Agenda on

which

this

rulemaking

was

summarized:

July

2007

The

full text

the

Proposed

Rules

begins

on the

page:

JCAR350223-08

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TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE

B: AIR

POLLUTION

CHAPTER

POLLUTION

CONTROL

BOARD

SUBCHAPTER

EMISSION

STANDARDS

ANT)

LIMITATIONS

FOR

STATIONARY

SOURCES

PART 223

STANDARDS

AND

LIMITATIONS

FOR

ORGANIC

MATERIAL

EMISSIONS

FOR

AREA

SOURCES

NOV

b2OO8

SUBPART

GENERAL

PROVISIONS

STATE

OF ILLINOIS

Section

Poution

Control

Board

223.100

Severability

223.105

Abbreviations

and

Acronyms

223.120

Incorporations

Reference

SUBPART

CONSUMER

AND COMMERCIAL

PRODUCTS

Section

223

.200

Purpose

223.201

Applicability

223.203

Definitions

for Subpart

223 .205

Standards

223 .206

Diluted

Products

223.207

Products

Registered

under FIFRA

223 .208

Requirements

for Aerosol

Adhesives

223

.209

Requirements

for Floor

Wax

Strippers

223.210

Products

Containing

Ozone-Depleting

Compounds

223.220

Requirements

for Charcoal

Lighter

Material

223.230

Exemptions

223

.240

Innovative

Product

Exemption

223 .245

Alternative

Compliance

Plans

223.250

Product

Dating

223.255

Additional

Product

Dating

Requirements

223.260

Most

Restrictive

Limit

223 .265

Additional

Labeling

Requirements

for Aerosol

Adhesives,

Adhesive

Removers,

Electronic

Cleaners,

Electrical Cleaners,

Energized

Electrical

Cleaners,

and

Contact

Adhesives

223

.270

Reporting

Requirements

223.275

Special

Recordkeeping

Requirements

for

Consumer

Products

that Contain

Perchloroethylene

or Methylene

Chloride

223.280

Calculating

Illinois

Sales

223 .285

Test

Methods

JCAR350223-08 17301r01

SUBPART C:

ARCHITECTURAL ANT) INDUSTRIAL

MAINTENANCE

COATINGS

Section

223.300

Purpose

223.305

Applicability

223.307

Definitions

for Subpart

223.310

Standards

223.320

Container

Labeling Requirements

223.330

Reporting Requirements

223.340

Compliance Provisions and Test

Methods

223.350

Alternative Test

Methods

223.360

Methacrylate

Traffic Coating Markings

223.370

Test Methods

AUTHORITY: Implementing Section 10

and authorized

Sections

27 and 28 of the

Environmental Protection Act

[415 ILCS 5/10, 27 and

28].

SOURCE: Adopted in R08-17 at 33 Ill. Reg.

, effective

SUBPART

A: GENERAL

PROVISIONS

Section 223.100

Severability

If any Section, subsection, or clause

of this Part is found

invalid, such finding shall

not affect

the

validity of this Part as a whole or any Section,

subsection, or clause

not found invalid.

Section 223.105 Abbreviations and Acronyms

Unless otherwise specified within this Part,

the abbreviations used

in this Part shall be the

same as those

found in 35 Ill. Adm.

Code 211. The following

abbreviations and

acronyms are used

in this Part:

ACP

Alternative Control

Plan

Act

Environmental Protection

Act [415 ILCS

Agency

Illinois Environmental

Protection Agency

ASTM

American Society

for Testing and

Materials

BAAQMD

Bay Area Air

Quality Management

District

CARB

California

Air Resources Board

Degrees Celsius

CFCs

Chiorofluorocarbons

Carbon Dioxide

Degrees

Fahrenheit

JCAR350223-0817301r01

FDA

United

States

Food and

Drug Administration

FIFRA

Federal

Insecticide,

Fungicide,

and

Rodenticide

Act

USC

136 through

l36y)

FRP

Fiberglass

reinforced

plastic

HVOM

High Volatility

Organic

Material

HCFCs

Hydrochlorofluorocarbons

HFCs

Hydrofluorocarbons

LVP-VOM

Low

Vapor Pressure-Volatile

Organic

Material

MVOM

Medium

Volatility

Organic

Material

Nitrogen

N20

Nitrous

Oxide

OER

Original

Equipment

Manufacturer

PCBTF

Parachlorobenzotrifluoride

ROC

Reactive

Organic

Compound

ROG

Reactive

Organic

Gas

SCAQMD

South

Coast Air

Quality

Management

District

USEPA

United

States

Environmental

Protection

Agency

VOM

Volatile

Organic

Material

Section 223.120

Incorporations

by Reference

The following

materials

are incorporated

reference.

These incorporations

do not include

any

later amendments

editions.

CFR

59,

subpart

D, appendix

Detennination

Volatile

Matter

Content

Methacrylate

Multicomponent

Coatings

Used

as Traffic

Marking

Coatings,

Fed.

Reg.

35002

(June 30,

1999).

CFR

59,

subpart

National

Volatile

Organic

Compound

Emission

Standards

for

Consumer

Products,

69 Fed.

Reg.

18803

(April 4, 2004).

40 CFR

60, appendix

A, Method

24,

Determination

Volatile

Matter

Content,

Water Content,

Density,

Volume

Solids,

and Weight

Solids

of Surface

Coatings,

36 Fed.

Reg.

24877

(December

23,

1971).

40 CFR

82,

subpart

A, appendix

A, Class

I Controlled

Substances,

68 Fed. Reg.

42892

(July

18, 2003)

and

appendix

B, Class II

Controlled

Substances,

68 Fed.

Reg.

2859

(January21,

2003).

CFR

1910.1200(d)(4),

Hazard

Communication,

61 Fed.

Reg. 9245

(March

1996).

100

JCAR350223-08

1 7301r01

101

ASTM

International,

100 Barr

Harbor

Drive,

P0 Box

C700, West

Conshohocken

102

19428-2959.

103

104

ASTM

19-05a, Standard

Test

Methods

for Fire Tests

of Building

105

Construction

and

Materials,

approved

November

2005.

106

107

ASTM

D523-89 (1999),

Standard

Test

Method

for

Specular Gloss,

108

approvedMaylO,

1999.

109

110

ASTM

D1640-03,

Standard

Test Methods

for

Drying,

Curing,

Film

111

Formation

Organic Coatings

at Room

Temperature,

approved

112

December

1,2003.

113

114

ASTM

D3912-95

(2001),

Test Method

for Chemical

Resistance

115

Coating

Used

Light-Water

Nuclear

Power Plants,

reapproved

2001.

116

117

ASTM

D4082-02,

Test

Method

for

Effects of

Radiation

Coatings

Used

118

Light-Water

Nuclear Power

Plants,

approved

2002.

119

120

ASTM

D4214-98,

Standard

Test Methods

for

Evaluating

the

Degree

121

Chalking

of Exterior

Paint

Films, approved

August

10, 1998.

122

123

ASTM

D1613-03,

Standard

Test

Method

for Acidity

in Volatile

Solvents

124

and Chemical

Intermediates

Used

in Paint,

Varnish,

Lacquer,

and Related

125

Products,

approved

October 1,

2003.

126

127

ASTM E84-07,

Standard

Test

Method

for Surface

Burning

Characteristics

128

of Building

Materials,

approved

2007.

129

130

ASTM

D4359-90

(2006),

Standard

Test

Method for

Determining

Whether

131

a Material

is a Liquid

or a Solid,

reapproved

2006.

132

133

10)

ASTM

E260-96

(2006),

Standard

Practice

for Packed

Column Gas

134

Chromatography,

reapproved

2006.

135

136

11)

ASTM

E2 167-01,

Standard

Guide

for Selection

and

Use

Stone

137

Consolidants

(see section

4, Stone

Consolidant),

approved

2001.

138

139

12)

ASTM C836-06,

Specification

for

High

Solids Content,

Cold

Liquid

140

Applied

Elastomeric

Waterproofing

Membrane

for

Use with

Separate

141

Wearing

Course,

approved

2006.

142

JCAR350223-08

1730 lrOl

143

13)

ASTM

D86-07b,

Standard Test

Method

for

Distillation

Petroleum

144

Products

at Atmospheric

Pressure,

approved

2007.

145

146

South

Coast

Air Quality

Management

District,

21865

Copley Dr.,

Diamond

Bar

147

CA 91765.

148

149

South

Coast

Air Quality

Management

District

(SCAQMD)

Method

304-

150

91, Determination

Volatile

Organic

Compounds

Various

Materials,

151

revised

February

1996.

152

153

SCAQMD

Method

303-9

1, Determination

Exempt

Compounds,

revised

154

February 1993.

155

156

SCAQMD

Method

318-95,

Determination

of Weight

Percent

Elemental

157

Metal

Coatings by

X-Ray Diffraction,

approved July

1996.

158

159

Bay

Area

Air

Quality

Management

District

Office,

939

Ellis

Street, San

Francisco

160

94109.

161

162

Bay Area Air

Quality

Management

District

(BAAQMD)

Method

43,

163

Determination

Volatile

Methylsiloxanes

in Solvent-Based

Coatings,

164

Inks, and

Materials,

proposed

amendment

February

4, 2004.

165

166

BAAQMD

Method

41,

Determination

of Volatile

Organic

Compounds

167

Solvent-Based

Coatings

and

Materials

Containing

168

Parachlorobenzotrifluoride,

proposed

amendment

February

2004.

169

170

California

Air Resources

Board

(CARB)

Method

310,

Determination

Volatile

171

Organic

Compounds

in Consumer

Products

and Reactive

Organic

Compounds

172

Aerosol Coating

Products,

amended

May 5,

2005.

California

Air Resources

173

Board,

1001

I Street,

P0 Box

2815,

Sacramento

95812.

174

175

SCAQMD

Rule

1174,

Ignition Method

Compliance

Certification

Protocol

176

(adopted

October

1990).

177

178

California

Code of Regulations

(CCR), title

94509(h),

Standards

for

179

Consumer

Products

(2005).

180

181

California

Code, Health

and Safety

Code,

41712(h)(2)

(2005).

182

183

CCR

Article 4,

Alternate

Control

Plan

94540-94555

(1996).

184

185

CCR

94511,

Innovative

Products

(1997).

JCAR350223-08 17301r01

186

187

17 CCR

94503.5,

Innovative

Products (1996).

188

189

7 Usc

136 to l36y,

FIFRA,

Environmental

Pesticide control, published

January

190

19, 2004, in

Supplement

III of the 2000 Edition

of the United

States Code.

191

192

Federal

Specification MMM-A-181D,

Adhesives, Phenol,

Resorcinol, or

193

Melamine

Base

(1980).

194

195

SUBPART B: CONSUMER

AND

COMMERCIAL

PRODUCTS

196

197

Section

223.200 Purpose

198

199

The purpose

of this

Subpart

to limit

emissions

of volatile organic materials

(VOM5)

200

requiring reductions

in the VOM content

of consumer

and commercial

products.

201

202

Section

223.201 Applicability

203

204

Except as provided

in Section 223 .230,

this Subpart

shall apply

any person who sells,

205

supplies, offers

for sale, or manufactures

consumer

products on or after

January 1,

2009, for

use

206

in Illinois.

207

208

Section 223.203 Definitions

for

Subpart

209

210

The definitions contained

in this Section apply

only to the

provisions

of this Subpart. Unless

211

otherwise

defined in this Section,

the definitions

of terms

used in this Subpart

shall have

the

212

meanings specified for

those terms in

35 Ill. Adm. Code

211.

213

214

“Adhesive”

means, for purposes

of this Subpart,

any

product

that is used to

bond

215

one surface

to another

attachment. This

does not include

products used

216

humans

and animals, adhesive

tape, contact

paper, wallpaper,

shelf liners, or

any

217

other product

with an adhesive

incorporated onto

or in an inert

substrate.

For

218

“Contact

Adhesive”, adhesive

does not

include

units of product,

less

packaging,

219

that consist

of more than

one gallon. For “Construction,

Panel,

and Floor

220

Covering Adhesive”,

and “General

Purpose

Adhesive”, “Adhesive”

does not

221

include units

of product,

less packaging, that weigh

more than

one pound

and

222

consist

of more than 16 fluid

ounces.

This

limitation

does

not

apply to aerosol

223

adhesives.

224

225

“Adhesive

Remover” means

product

designed to remove

adhesive from

either

226

specific substrate or

a variety of substrates.

“Adhesive

Remover” does

not

227

include

products that

remove adhesives

intended

exclusively

for use

on humans

228

animals.

JCAR350223-0817301r01

229

230

For the purpose

of this

definition

and

the

“Adhesive

Remover”

231

subcategories

listed

this definition,

the term

“Adhesive”

shall mean

232

substance

used

to bond one

or more materials.

Adhesive

includes,

but is

233

not limited

to,

caulks, sealants,

glues,

or similar

substances

used for

the

234

purpose

forming a

bond.

235

236

“Floor

and

Wall

Covering

Adhesive

Remover”

means

a product

designed

237

labeled

to remove

floor or wall

coverings

and

associated

adhesive

from

238

the underlying

substrate.

239

240

“Gasket or

Thread Locking

Adhesive

Remover”

means

a product

designed

241

labeled

to remove

gaskets or

thread locking

adhesives.

Products

242

labeled

for

dual

use

as a

paint stripper

and

gasket

remover

and/or

thread

243

locking

adhesive

remover

are

considered

“Gasket or

Thread Locking

244

Adhesive

Remover”.

245

246

“General Purpose

Adhesive

Remover”

means

product

designed

247

labeled

remove cyanoacrylate

adhesives

as well as

non-reactive

248

adhesives or

residue

from

a variety

of substrates.

“General

Purpose

249

Adhesive

Remover”

includes,

but is not

limited

to,

the

following:

products

250

that remove

thermoplastic

adhesives,

pressure

sensitive

adhesives,

251

dextrine

or starchbased

adhesives,

casein

glues,

rubber or latex-based

252

adhesives,

and

products

that

remove

stickers,

decals, stencils,

or similar

253

materials.

“General

Purpose

Adhesive

Remover”

does not

include

“Floor

254

Wall Covering

Adhesive

Remover”.

255

256

“Specialty

Adhesive

Remover”

means

a product

designed

to remove

257

reactive

adhesives

from

variety

of substrates.

Reactive

adhesives

258

include

adhesives

that require

a hardener

or catalyst

in order

for the

bond

259

to occur.

Examples

reactive

adhesives

include,

but are

not limited

260

epoxies,

urethanes,

and

silicones.

“Specialty Adhesive

Remover”

does

not

261

include

“Gasket

or Thread

Locking Adhesive

Remover.”

262

263

“Aerosol

Adhesive”

means

an aerosol

product

in which

the

spray mechanism

264

permanently

housed

in a

nonrefillable

can

designed for

hand-held

application

265

without

the

need for ancillary

hoses

or spray

equipment.

This does

not include

266

“special

purpose

spray

adhesives”,

“mist spray

adhesives”

and “web

spray

267

adhesives”.

268

269

“Aerosol

Cooking

Spray” means

any aerosol

product

designed

either

to reduce

270

sticking

cooking

and baking

surfaces

or to be

applied

food, or

both.

271

JCAR350223-08

1 7301r01

272

“Aerosol

Product”

means

pressurized

spray

system

that

dispenses

product

273

ingredients

by means

of a propellant

contained

a product

or a product’s

274

container,

means

mechanically

induced

force.

“Aerosol Product”

does

275

not

include

“Pump

Spray”.

276

277

“Agricultural

Use” means

the use

of any pesticide

method

or device

for the

278

control

of pests

in connection

with

the commercial

production,

storage,

279

processing

any

animal or

plant

crop.

This does not

include

the sale or

use

280

pesticides

properly

labeled packages

containers

that

are intended

for home

281

use,

use in structural

pest control,

industrial

or institutional

use. For the

282

purposes

of this definition

only:

283

284

“Home

Use”

means

use

in a household

its

immediate

environment;

285

286

“Structural

Pest

Control”

means a use

requiring

license

under the

287

Structural

Pest

Control

Act

[225

ILCS 235];

288

289

“Industrial

Use” means

use

for

in a manufacturing,

mining,

or chemical

290

process

or use

in the operation

of factories,

processing

plants,

and

similar

291

sites;

292

293

“Institutional

Use”

means

use within

the

lines of, or

on property

necessary

294

for the operation

of,

buildings

such as

hospitals,

schools,

libraries,

295

auditoriums,

and

office complexes.

296

297

“Air

Freshener”

means

any

consumer

product

including,

but

not

limited to,

298

sprays,

wicks,

powders,

and crystals,

designed

for the

purpose

of masking

odors,

299

freshening,

cleaning,

scenting,

deodorizing

the air.

“Air

Freshener”

does

not

300

include

products

that are

used

the human

body,

products

that function

301

primarily

as cleaning

products

as indicated

on a product

label,

“Toilet/Urinal

Care

302

Products”,

disinfectant

products

claiming

deodorize

killing germs

303

surfaces,

or institutional

and

industrial

disinfectants

when

offered for

sale

solely

304

through

institutional

and

industrial

channels

of distribution.

“Air Freshener”

does

305

include

spray

disinfectants

and other

products that

are expressly

represented

for

306

use

air fresheners,

except

institutional

and

industrial

disinfectants

when offered

307

for

sale

through

institutional

and industrial

channels

distribution.

To determine

308

whether

a product

is an

air

freshener,

all verbal

and visual

representations

309

regarding

product

use

on the

label or

packaging

and in

the

product’s

literature

and

310

advertising

may

be considered.

The

presence

of, and

representations

about,

311

product’s

fragrance

and

ability to

deodorize

(resulting

from

surface

application)

312

shall

not constitute

a claim of

air

freshening.

313

JCAR350223-08

1 7301r01

314

“All Other Carbon-Containing

Compounds”

means all

other compounds

that

315

contain at least

one carbon atom

and are not listed

under Section 223.205(a)

are

316

a “LVP-VOM”.

317

318

“All Other

Forms” means all consumer

product

forms

for which

no form-specific

319

VOM

standard is specified.

Unless

specified

otherwise

the

applicable VOM

320

standard,

“All

Other Forms”

include,

but is not limited to, solids,

liquids,

wicks,

321

powders,

crystals, and

cloth or paper wipes

(towelettes).

322

323

“Alternative

Control

Plan” or “ACP”

means any emissions

averaging

program

324

approved

by the Agency

pursuant

the provisions of this

Subpart.

325

326

“Antimicrobial

Hand or

Body

Cleaner

or Soap” means a cleaner

or soap

that is

327

designed

to reduce the

level of microorganisms

on the

skin through germicidal

328

activity.

This includes,

but is not limited

to, antimicrobial

hand

or body

329

washes/cleaners,

foodhandler

hand washes,

healthcare

personnel hand washes,

330

pre-operative

skin preparations

and

surgical

scrubs. “Antimicrobial

Hand

331

Body Cleaner

or Soap”

does not include prescription

drug

products,

332

antiperspirants,

“Astringent/Toner”,

deodorant,

“Facial Cleaner

or Soap”,

333

“General-use

Hand

or Body Cleaner

or Soap”, “Hand Dishwashing

Detergent”

334

(including

antimicrobial),

“Heavy-duty

Hand

Cleaner

or Soap”, “Medicated

335

Astringent/Medicated

Toner”, or

“Rubbing Alcohol”.

336

337

“Antiperspirant”

means any product,

including,

but not limited

to, aerosols, roll-

338

ons,

sticks,

pumps, pads, creams,

and squeeze-bottles,

that is intended

by the

339

manufacturer

to be used

to reduce perspiration

in the human

axilla by at least

340

percent in

at least 50 percent

of a target

population.

341

342

“Anti-Static

Product” means

a product that

is labeled to eliminate,

prevent,

343

inhibit the

accumulation

of static electricity. “Anti-Static

Product”

does not

344

include “Electronic

Cleaner”,

“Floor Polish

or Wax”, “Floor Coating”,

and

345

products that

meet the definition

of “Aerosol Coating

Product”

or “Architectural

346

Coating”.

347

348

“Appurtenance”

means any

accessory

to a stationary

structure

coated

at the

site

349

installation,

whether installed or

detached,

including,

but not limited

to, bathroom

350

and kitchen fixtures,

cabinets,

concrete forms,

doors, elevators,

fences, hand

351

railings, heating

equipment,

air conditioning equipment,

and

other fixed

352

mechanical

equipment or stationary

tools,

lampposts, partitions,

pipes and piping

353

systems, rain

gutters and

downspouts,

stairways, fixed ladders,

catwalks

and fire

354

escapes,

and window

screens.

355

JCAR350223-0817301r01

356

“Architectural

Coating”

means, for purposes

of this Subpart,

coating

357

applied

to stationary

structures or the appurtenances

the site of installation,

358

portable

buildings at the

site

of installation,

to pavements,

or to curbs. Coatings

359

applied in shop applications

or to

non-stationary structures

such as

airplanes,

360

ships, boats, railcars,

and automobiles,

and

adhesives

are not considered

361

“Architectural

Coatings” for the

purposes

of this

Subpart.

362

363

“Astringent/Toner”

means any

product not regulated

as a drug

by the United

364

States

Food and Drug Administration

(FDA)

that is applied to the

skin for

the

365

purpose of

cleaning

or tightening

pores. This

category

of substrates

(i.e., substrates

that are

726

composed

of similar materials, such

as different

types

metals,

paper products,

727

ceramics, plastics,

rubbers,

vinyls), or adhesives

designed exclusively

for

use

728

on one specific category

of articles

(i.e.,

articles

that may be composed

729

different

materials

but perform

a specific function,

such as gaskets,

automotive

730

trim, weather-stripping,

or carpets).

731

732

“General Purpose

Cleaner” means

product designed

for general

all-purpose

733

cleaning, in contrast

cleaning

products

designed to clean specific

substrates

734

certain

situations.

This includes

products designed

for general

floor cleaning,

735

kitchen or

countertop cleaning,

and

cleaners

designed

to be used on a variety

736

hard surfaces,

and

does

not include

“General

Purpose Degreasers”

and “Electronic

737

Cleaners”.

738

JCAR350223-08

1 7301r01

739

“General

Purpose Degreaser”

means

any product labeled to

remove

or dissolve

740

grease, grime, oil and

other oil-based contaminants

from

a variety of substrates,

741

including

automotive or

miscellaneous

metallic parts.

This does not include

742

“Engine Degreaser”,

“General

Purpose

Cleaner”, “Adhesive

Remover”,

743

“Electronic Cleaner”,

“Electrical

Cleaner”, “Energized

Electrical

Cleaner”, “Metal

744

PolishlCleanser”,

products used

exclusively

“Solvent Cleaning

Tanks or

745

Related Equipment”,

or products

that are sold

exclusively to establishments

that

746

manufacture

construct

goods or commodities,

and labeled

“not for retail sale”.

747

748

“Solvent

Cleaning

Tanks or Related Equipment”

includes,

but is not

749

limited to, cold cleaners,

vapor degreasers,

conveyorized

degreasers,

film

750

cleaning

machines,

or products designed

clean miscellaneous

metallic

751

parts by immersion in

a container.

752

753

“General-Use

Hand or Body

Cleaner or Soap”

means a cleaner

or soap designed

754

to be used

routinely on the

skin to clean or remove

typical

or common dirt and

755

soils, including,

but not limited

to, hand

body washes, dual-purpose

shampoo-

756

body cleaners,

shower or

bath gels, and moisturizing

cleaners

or soaps. The term

757

does not

include prescription

drug products,

“Antimicrobial Hand

or Body

758

Cleaner

or Soap”, “Astringent/Toner”,

“Facial

Cleaner or Soap”,

“Hand

759

Dishwashing

Detergent”

(including antimicrobial),

“Heavy-duty

Hand Cleaner

760

Soap”,

“Medicated Astringent/Medicated

Toner”, or “Rubbing

Alcohol”.

761

762

“Glass Cleaner”

means a cleaning product

designed

primarily for cleaning

763

surfaces made of glass.

The term

does not include

products designed

solely

for

764

the purpose of

cleaning optical

materials used in eyeglasses,

photographic

765

equipment,

scientific

equipment

and photocopying

machines.

766

767

“Graffiti Remover”

means

a product

labeled

remove

spray paint,

ink, marker,

768

crayon, lipstick,

nail polish, or shoe

polish from a

variety

of non-cloth

769

nonfabric substrates.

The term

does

not include “Paint

Remover or

Stripper”,

770

“Nail Polish

Remover”,

or “Spot Remover”.

Products

labeled for dual use

both

771

paint stripper and

graffiti remover

are considered “Graffiti

Removers”.

772

773

“Hair Mousse” means

a hairstyling

foam designed to facilitate

styling

of a

774

coiffure and

provide

limited holding

power.

775

776

“Hair Shine” means

any product

designed for the primary

purpose

of creating

777

shine when

applied to the hair. This

includes,

but is not limited to,

dual-use

778

products designed

primarily

to impart

sheen

to the hair. The

term does not

779

include “Hair

Spray”, “Hair

Mousse”, “Hair Styling

Product”,

“Hair Styling

Gel”,

780

or products

whose primary purpose

is to condition

or hold

the hair.

781

JCAR350223-081

7301r01

782

“Hair

Spray”

means:

783

784

For

products manufactured

before January

1, 2009,

a consumer

product

785

designed primarily

for the purpose

of dispensing

droplets of a resin

on and

786

into

hair coiffure

that will impart

sufficient

rigidity to the coiffure

787

establish

retain the

style

for a period of time.

788

789

For products

manufactured

on or after

January 1, 2009, a consumer

790

product

that is applied

to styled hair and is

designed

or labeled

to provide

791

sufficient rigidity

to hold,

retain

and/or

finish the style of

the

hair

for a

792

period

time. This

includes aerosol hair

sprays, pump

hair sprays,

spray

793

waxes; color,

glitter, or sparkle

hairsprays

that make finishing

claims;

and

794

products

that are

both

a styling and finishing

product. This

does not

795

include spray

products that

are intended

to aid in styling but

do not

796

provide

finishing of a

hairstyle. For the purposes

of this

Subpart, “finish”

797

or “finishing”

means the maintaining

and/or

holding of previously

styled

798

hair for

a period of time.

For the purposes

of this Subpart,

“styling”

means

799

fonning, sculpting,

or manipulating

the

hair to temporarily alter

the

hair’s

800

shape.

801

802

“Hair Styling Gel”

means a consumer

product

manufactured before

January

803

2009 that is

a high viscosity,

often gelatinous,

product that

contains a resin

and is

804

designed

for application to

hair to aid in styling

and

sculpting

of the hair coiffure.

805

806

“Hair Styling

Product”

means a consumer

product manufactured

on or

after

807

January

1, 2009 that is designed

or labeled

for application

to wet, damp

or dry

808

hair to

aid in

defining,

shaping, lifting,

styling and/or sculpting

of the

hair. This

809

includes,

but is not limited

to, hair balm,

clay, cream,

creme, curl straightener,

810

gel, liquid,

lotion,

paste,

pomade, putty,

root lifter, serum,

spray

gel,

stick,

811

temporary

hair straightener,

wax, spray

products that

aid in styling but do

not

812

provide

finishing of

a hairstyle, and leave-in

volumizers,

detanglers

and/or

813

conditioners

that make styling

claims.

This does not include

“Hair Mousse”

“Hair

814

Shine”,

“Hair Spray”,

or shampoos and/or

conditioners

that are rinsed from

the

815

hair prior to

styling.

For

the purposes

of this Subpart, “finish”

or “finishing”

816

means

the maintaining and/or

holding of previously

styled

hair for a period

817

time. For the

purposes of

this Subpart,

“styling” means forming,

sculpting,

818

manipulating

the hair

to temporarily alter

the

hair’s shape.

819

820

“Heavy-Duty

Hand

Cleaner or

Soap”

means a product

designed to clean

821

remove

difficult

dirt and soils such as

oil, grease, grime,

tar, shellac,

putty,

822

printer’s

ink, paint, graphite,

cement,

carbon,

asphalt,

or adhesives from

the hand

823

with

or without

the use of water.

The term does

not include prescription

drug

824

products, “Antimicrobial

Hand or

Body

Cleaner

or Soap”,

“Astringent/Toner”,

JCAR350223-08

1 7301r01

825

“Facial Cleaner

or Soap”, “General-use

Hand or

Body Cleaner

or Soap”,

826

“Medicated

Astringent/Medicated

Toner”

“Rubbing

Alcohol”.

827

828

“Herbicide”

means

a pesticide

product

designed

to kill or

retard a plant’s

growth,

829

but

excludes

products

that are

for agricultural

use, or

restricted

materials

that

830

require

a permit

for use

and

possession.

831

832

“High

Volatility

Organic

Material”

or “HVOM”

or “High

Volatility

Organic

833

Compound”

means

any volatile

organic

material or

volatile

organic

compound

834

that

exerts

a vapor pressure

greater

than 80

millimeters

Mercury

(mm Hg)

835

when

measured

20°C.

836

837

“Household

Product”

means

any

consumer

product

that is

primarily

designed

838

be used

inside

or outside

of living

quarters

or residences

that are

occupied or

839

intended

for

occupation

individuals,

including

the

immediate

surroundings.

840

841

“Illinois

Sales”

means

the

sales

(net

pounds

of product,

less packaging

and

842

container,

per

year) in

Illinois for

either the

calendar

year immediately

prior

to the

843

year

that the

registration

is due

or,

if that

data is not

available,

any

consecutive

844

month period

commencing

earlier

than

two

years

prior

to the

due date

of the

845

registration.

If direct

sales data

for Illinois

is not available,

sales

may be

846

estimated

prorating

national

regional

sales

data

population.

847

848

“Industrial

Use”

means use

for

or in a

manufacturing,

mining,

or chemical

process

849

use

in the operation

factories,

processing

plants, and

similar sites.

850

851

“Insecticide”

means

a pesticide

product

that

is designed

for

use against

insects

852

other

arthropods,

but excluding

products

that

are for

agricultural

use

or for a

use

853

that

requires a

structural

pest

control

license under

the

Structural

Pest

Control

Act

854

[225

ILCS

235],

or restricted

materials

that require

permit

for use and

855

possession.

856

857

“Insecticide

Fogger”

means

any

insecticide

product

designed

to release

all or

most

858

its

content, as

a fog or mist,

into indoor

areas during

single

application.

859

860

“Institutional

Product”

or “Industrial

and

Institutional

(I&I)

Product” means

861

consumer

product

that is

designed for

use in the

maintenance

or operation

862

establishment

that

manufactures,

transports,

or sells goods

commodities,

863

provides

services

for profit,

or is

engaged

the

nonprofit

promotion

of a

864

particular

public,

educational,

or charitable

cause.

“Establishments”

include,

but

865

are not

limited

to,

government

agencies,

factories,

schools,

hospitals,

sanitariums,

866

prisons,

restaurants,

hotels,

stores,

automobile

service

and parts

centers,

health

867

clubs,

theaters,

or transportation

companies.

This

does not

include

household

JCAR350223-08

17301r01

868

products

and products that

are

incorporated

into or used exclusively

in the

869

manufacture

construction

of the goods

or commodities

at the site of

the

870

establishment.

871

872

LabelH

means

any written,

printed, or graphic matter

affixed to,

applied to,

873

attached to, blown

into, formed

into,

molded

into, embossed on,

or appearing

874

upon any consumer

product

or consumer

product package, for

purposes

875

branding,

identifying,

giving information with

respect

the

product or to

the

876

contents of

the package.

877

878

“Lacquer”

means, for purposes

of this Subpart,

a clear or opaque

wood coating,

879

including clear

lacquer

sanding sealers, formulated

with cellulosic

or synthetic

880

resins to dry

by evaporation

without

chemical

reaction and to provide

a solid,

881

protective

film.

882

883

“Laundry Prewash”

means

a product that is designed

for

application

to a fabric

884

prior to laundering

and that

supplements

and contributes to the

effectiveness

885

laundry detergents

andlor

provides specialized

performance.

886

887

“Laundry Starch

Product”

means a product

that is designed

for application

to a

888

fabric,

either during or

after laundering, to

impart

and

prolong a crisp, fresh

look

889

and

may also act to help

ease

ironing

of the fabric. This includes,

but is

not

890

limited

to, fabric finish,

sizing, and

starch.

891

892

“Lawn and Garden

Insecticide”

means

an insecticide

product labeled

primarily

893

be used in household

lawn and garden

areas to protect

plants

from

insects or

other

894

arthropods.

Notwithstanding the

requirements

of Section 223 .260,

aerosol

“Lawn

895

and Garden Insecticides”

may

claim to kill insects

or other

arthropods.

896

897

“Liquid” means

a substance or mixture

of substances

that is capable

of a visually

898

detectable flow as

determined under

ASTM D-4359-90,

incorporated

reference

899

Section 223.120,

or an equivalent

method

approved

by the California

Air

900

Resources Board. This

does

not

include powders or other

materials

that are

901

composed

entirely

of solid particles.

902

903

“Lubricant”

means

a product designed

reduce friction,

heat, noise,

or wear

904

between moving parts,

to loosen

rusted or immovable

parts or mechanisms.

905

This

does

not include

automotive

power steering fluids;

products

for use inside

906

power generating

motors, engines,

and turbines,

and their associated

power

907

transfer gearboxes;

two

cycle

oils or other

products designed to

be added

fuels;

908

products for

use on the human

body or animals;

or products

that are sold

909

exclusively

to establishments

that

manufacture

or construct

goods or

910

commodities,

and labeled

“not for retail

sale”.

JCAR350223-08

7301r01

911

912

“LVP Content”

means

the total

weight,

pounds, of

LVP

compounds

in an

ACP

913

product

multiplied

by 100 and

divided

the product’s

total net weight

(in

914

pounds, excluding

container

and

packaging),

expressed

the nearest

0.1.

915

916

“LVP-VOM”

“LVP-VOC”

means a

chemical

material

mixture or

compound

917

that

contains

least one

carbon

atom

and meets

one of the

following:

918

919

Has a

vapor pressure

less

than

0.1 mm

Hg at

20°C,

as detennined

920

CARB

Method

310; or

921

922

chemical material

compound

with

more than

12 carbon atoms,

923

chemical

mixture

comprised

solely of material

a compound

with more

924

than 12

carbon

atoms as

verified

by formulation

data,

and the vapor

925

pressure

and boiling

point are

unknown;

926

927

Is a chemical

material

or compound

with

a boiling

point greater

than

928

216°C, as

determined

CARB

Method

310; or

929

930

Is the

weight percent

of a

chemical mixture

that

boils

above 216°C,

931

determined

CARB

Method

310.

932

933

For

the purposes

of this

definition,

chemical material

or compound

means

934

a molecule

of definite

chemical formula

and

isomeric structure,

and

935

chemical

mixture means

substrate

comprised

two or

more chemical

936

materials or

compounds.

937

938

“Medicated

Astringent/Medicated

Toner”

means

any

product regulated

drug

939

the

FDA that

is applied

to the skin

for the purpose

cleaning

or tightening

940

pores.

This

includes,

but

is not

limited to,

clarifiers

and

substrate-impregnated

941

products.

The term

does not

include

hand,

face,

or body

cleaner

or soap

products,

942

“Astringent/Toner”,

cold cream,

lotion, antiperspirants,

or products

that must

943

purchased

with a doctor’s

prescription.

944

945

“Medium

Volatility Organic

Material”

or “MVOM”

“Medium

Volatility

946

Organic

Compound”

or “MVOC”

means

any volatile

organic

material

volatile

947

organic

compound

that exerts

vapor

pressure greater

than

two

mm Hg and

less

948

than

equal

mm Hg when

measured

at 20°C.

949

950

“Metal

PolishlCleanser”

means

any

product designed

primarily

to improve

the

951

appearance

finished

metal or

metallic

or metallized

surfaces

physical

952

chemical

action.

To “improve

the appearance”

means

remove

or reduce

stains,

953

impurities,

oxidation

from surfaces

or to make

surfaces

smooth

and shiny.

JCAR350223-08

17301r01

954

This

includes, but

is not limited

to, metal

polishes

used on brass,

silver,

chrome,

955

copper,

stainless

steel and

other

ornamental

metals.

The

term

does not

include

956

“Automotive

Wax,

Polish,

Sealant or

Glaze”,

wheel

cleaner,

“Paint Remover

957

Stripper”,

products

designed

and labeled

exclusively

for

automotive

and marine

958

detailing,

products designed

for

use in degreasing

tanks.

959

960

“Mist

Spray

Adhesive”

means

any aerosol

that is not

special purpose

spray

961

adhesive

and that delivers

particle

or mist

spray,

resulting

in the

formation

962

fine,

discrete

particles

that yield

a generally

uniform

and smooth

application

963

adhesive

to the substrate.

964

965

“Multi-Purpose

Dry

Lubricant”

means

any lubricant

designed and

labeled

966

provide

lubricity by

depositing

a thin film

of graphite,

molybdenum

disulfide

967

(moly),

polytetrafluoroethylene

or closely

fluoropolymer

(Teflon)

968

surfaces,

and designed

for

general

purpose

lubrication

for

use

in a wide

variety

969

applications.

970

971

“Multi-Purpose

Lubricant”

means

any lubricant

designed

for general

purpose

972

lubrication,

or for

use in a wide

variety of

applications.

The term

does not

include

973

“Multi-purpose

Dry Lubricants”,

“Penetrants”,

“Silicone-based

Multi-purpose

974

Lubricants”.

975

976

“Multi-Purpose

Solvent”

means any

organic liquid

designed

to be used

for a

977

variety

of purposes,

including

cleaning

or degreasing

variety

substrates,

978

thinning,

dispersing

or dissolving

other

organic

materials.

This includes

solvents

979

used in

institutional

facilities,

except

for laboratory

reagents

used

in analytical,

980

educational,

research,

scientific

other laboratories.

This does

not include

981

solvents

used

in cold cleaners,

vapor

degreasers,

conveyorized

degreasers

film

982

cleaning machines,

solvents

that

are

incorporated

into,

used

exclusively

983

the

manufacture

or construction

the goods

or commodities

at the

site of the

984

establishment.

985

986

“Nail

Polish”

means any

clear

colored

coating

designed

for application

the

987

fingernails

toenails,

including

but

not limited

to lacquers,

enamels,

acrylics,

988

base

coats and

top coats.

989

990

“Nail

Polish Remover”

means a

product

designed

remove

nail polish

and

991

coatings

from

fingernails

or toenails.

992

993

“Non-Aerosol

Product”

means

any consumer

product

that

is not

dispensed

994

pressurized

spray system.

995

JCAR350223-08 17301r01

996

“Non-Carbon Containing Compound” means any compound that does not contain

997

any

carbon atoms.

998

999

“Nonresilient Flooring” means flooring of a mineral content that is not flexible.

1000

This

includes terrazzo,

marble, slate, granite, brick, stone, ceramic tile and

1001

concrete.

1002

1003

“Non-Selective Terrestrial Herbicide” means a terrestrial herbicide product

that is

1004

toxic to

plants without

regard to species.

1005

1006

“Oven Cleaner” means any cleaning product designed to clean and to remove

1007

dried food deposits from oven

walls.

1008

1009

“Paint” means any pigmented liquid

liquefiable

or mastic

composition

designed

1010

for

application to a

substrate in a thin layer that is converted to an opaque solid

1011

film after application and is used for protection, decoration or identification,

or to

1012

serve

some functional

purpose such as the filling or concealing of surface

1013

irregularities or the modification of

light and

heat radiation characteristics.

1014

1015

“Paint Remover or Stripper”

means any product designed to strip or remove paints

1016

or other related coatings,

chemical action,

from a substrate without markedly

1017

affecting the substrate. This does not include “Multi-purpose Solvents”,

paint

1018

brush cleaners, products designed and labeled exclusively as “Graffiti Removers”,

1019

and hand

cleaner

products that claim to remove paints and other related coatings

1020

from

skin.

1021

1022

“Penetrant” means

a lubricant designed and labeled primarily to loosen metal

1023

parts that have bonded together due to rusting, oxidation, or other causes.

The

1024

term

does not include “Multi-purpose

Lubricants” that claim to have penetrating

1025

qualities, but are not labeled primarily to loosen bonded parts.

1026

1027

“Personal Fragrance Product” means any product that is applied to the human

1028

body

or clothing for the primary purpose of adding a

scent

or masking

a malodor,

1029

including

cologne, perfume,

aftershave, and toilet water. This does not include

1030

“Deodorant”, medicated products designed primarily to alleviate fungal or

1031

bacterial

growth

on feet

other areas of the body; mouthwashes and breath

1032

fresheners and deodorizers; lotions, moisturizers,

powders or other skin care

1033

products used primarily to alleviate skin conditions such as dryness and

1034

irritations; products

designed

exclusively for use on human genitalia; soaps,

1035

shampoos, and products

primarily used to clean the human body; and fragrance

1036

products designed to be used exclusively on non-human

animals.

1037

JCAR350223-08 1 7301r01

1038

“Pesticide” means and includes

any substance or mixture of substances labeled,

1039

designed, or

intended

for use in preventing,

destroying, repelling or mitigating

1040

any pest, or any substance

or mixture of substances labeled,

designed, or intended

1041

for use as a defoliant, desiccant,

or plant regulator, provided that the term

1042

“Pesticide” will not include any

substance, mixture of substances, or device

the

1043

United States

Environmental

Protection

Agency does not consider to be a

1044

pesticide.

1045

1046

“Photograph Coating” means

a coating designed and labeled exclusively to

1047

applied to finished photographs

to allow corrective

retouching, protection of

the

1048

image or changes in gloss level,

or to cover fingerprints.

1049

1050

“Pressurized Gas Duster” means

a pressurized product labeled to remove dust

1051

from a surface solely

by means of mass air or gas flow, including

surfaces such

1052

photographs, photographic film

negatives, computer keyboards, and other

types

1053

surfaces that cannot be cleaned

with solvents. This

does

not include

“Dusting

1054

Aid”.

1055

1056

“Principal Display Panel or Panels”

means that part, or those parts, of a

label that

1057

are so designed as to most likely be displayed,

presented, shown or examined

1058

under normal and

customary conditions of display

or purchase. Whenever a

1059

principal display panel

appears more than once, all requirements

pertaining to

the

1060

“Principal Display Panel”

shall pertain to all such “Principal Display

Panels”.

1061

1062

“Product

Brand

Name” means the name of the

product exactly as it appears

on the

1063

principal display panel

of the product.

1064

1065

“Product Category” means

the applicable category, defined in

this Section and

1066

limited in Section 223 .205(a), that best

describes the product.

1067

1068

“Product Form”

for the purpose of complying with

Section 223 .270 only, means

1069

the applicable form that most accurately

describes the product’s dispensing

form,

1070

follows:

1071

Aerosol

Product

Solid

Pump Spray

Liquid

Semisolid

Other

1072

1073

“Product Line” means a

group of products of identical form and

function

1074

belonging to the same product category

or categories.

JCAR350223-08 1 7301r01

1075

1076

“Pump Spray” means

a packaging system in which the product

ingredients within

1077

the container are not under pressure

and in which the product is expelled only

1078

while a pumping action is applied

a button,

trigger or other actuator.

1079

1080

“Responsible ACP

Party” means the company,

firm or

establishment

listed on the

1081

ACP product’s label. If

the label lists two or more companies, firms, or

1082

establishments, the “Responsible ACP

Party” is the party the ACP product was

1083

“manufactured for”

or “distributed by”, as noted

on the label.

1084

1085

“Restricted

Materials” means pesticides established

as restricted materials under

1086

applicable Illinois statutes

or regulations.

1087

1088

“Roll-On Product” means any antiperspirant

or deodorant that dispenses active

1089

ingredients

rolling

a wetted ball or wetted cylinder on the

affected area.

1090

1091

“Rubber and Vinyl

Protectant” means any product designed

to protect, preserve

1092

renew vinyl, rubber, and plastic on vehicles,

tires, luggage, furniture, and

1093

household products

such as vinyl covers, clothing,

and accessories. This does

not

1094

include products primarily

designed to clean the wheel rim, such as aluminum

1095

magnesium wheel cleaners, and tire

cleaners that do not leave an appearance

1096

enhancing or protective substance on the tire.

1097

1098

“Rubbing Alcohol”

means any product containing isopropyl

alcohol

(also

called

1099

isopropanol) or denatured ethanol

and labeled for topical use, usually to decrease

1100

germs in minor cuts and scrapes, to relieve minor

muscle aches, as a rubefacient,

1101

and

for massage.

1102

1103

“Rust Preventive Coating”

means a coating formulated exclusively for

1104

nonindustrial use to prevent the corrosion of metal

surfaces and labeled as

1105

specified in Section 223.320(f).

1106

1107

“Sanding Sealer” means, for purposes of this

Subpart, a clear or semi-transparent

1108

wood coating labeled and

formulated for application to bare wood

seal

the

1109

wood and to provide a coat that can be abraded

to create a smooth surface for

1110

subsequent applications

of coatings. A “Sanding Sealer” that also

meets the

1111

definition of a “Lacquer” is not included

in this category, but it is included in

the

1112

“Lacquer” category.

1113

1114

“Sealant and Caulking

Compound” means any product with adhesive properties

1115

that is designed to fill, seal, waterproof,

or weatherproof gaps or joints between

1116

two

surfaces.

This does not include roof cements

and roof sealants, insulating

1117

foams, removable caulking

compounds, clear/paintable/water resistant

caulking

JCAR350223-0817301r01

1118

compounds,

floor seam

sealers, products

designed

exclusively

for

automotive

1119

uses,

or sealers

that are applied

continuous

coatings.

The

term also

does

not

1120

include

units

of product,

less packaging,

that

weigh

than one

pound

and

1121

consist of

more than

16 fluid ounces.

1122

1123

For

the purposes

this

definition

only,

“removable

caulking

compound”

1124

means a compound

that

temporarily

seals

windows

doors

for three to

1125

six month

time intervals.

“Clear/paintable/water

resistant

caulking

1126

compound”

means

a compound

that contains

appreciable

level of

1127

opaque fillers

or pigments;

transmits

most or all

visible

light through

the

1128

caulk

when

cured;

is paintable;

and is immediately

resistant to

1129

precipitation

upon application.

1130

1131

“Semisolid”

means

a product

that, at room

temperature,

will

not pour, but

will

1132

spread

or deform easily,

including but

not limited

to gels,

pastes,

and

greases.

1133

1134

“Shaving

Cream”

means

aerosol

product that

dispenses

a foam

lather

intended

1135

used with

a blade or cartridge

razor,

or other

wet-shaving

system,

in the

1136

removal

of facial

or other

body hair.

The term

does not include

“Shaving

Gel”.

1137

1138

“Shaving

Gel”

means an

aerosol product

that dispenses

post-foaming

semisolid

1139

designed

be used with

a blade,

cartridge razor,

or other

shaving

system in

the

1140

removal of

facial or

other body

hair. This

does not include

“Shaving

Cream”.

1141

1142

“Silicone-Based

Multi-Purpose

Lubricant”

means

any

lubricant

designed

and

1143

labeled

to provide

lubricity primarily

through

the use

of silicone

compounds

1144

including,

but not limited

to,

polydimethylsiloxane,

and

designed

and

labeled

for

1145

general

purpose lubrication,

for use in

a wide variety

applications.

The

term

1146

does

not include

products

designed

and labeled

exclusively

to release

1147

manufactured

products

from

molds.

1148

1149

“Single

Phase

Aerosol

Air

Freshener”

means

an aerosol

air

freshener

with

the

1150

liquid

contents

in a single

homogeneous

phase

and

that

does not

require that

the

1151

product

container

shaken

before

use.

1152

1153

“Solid”

means

a substance

mixture

substances

that,

either

whole or

1154

subdivided

(such as the

particles

comprising

powder),

not capable

of visually

1155

detectable

flow as

determined

under ASTM

D4359-90,

incorporated

reference

1156

in Section

223.120,

or an

equivalent

method

approved

the

California

Air

1157

Resources

Board.

1158

1159

“Special

Purpose

Spray Adhesive”

means

an aerosol

adhesive

that meets

any

1160

the

following

definitions:

JCAR350223-08 17301r01

1161

1162

“Mounting Adhesive” means

an aerosol adhesive designed to permanently

1163

mount

photographs, artwork, and any other

drawn or printed media to a

1164

backing (paper,

board, cloth, etc.) without causing discoloration

to the

1165

artwork.

1166

1167

“Flexible Vinyl Adhesive” means

an aerosol adhesive designed to bond

1168

flexible vinyl

to substrates. Flexible vinyl

means a nonrigid polyvinyl

1169

chloride plastic with at

least five percent,

weight,

plasticizer

content.

1170

A plasticizer is a material, such

as a high boiling point organic solvent,

1171

that is incorporated

into a plastic to increase its flexibility, workability,

1172

distensibility,

and may be determined

using ASTM E260-96, incorporated

1173

by reference in Section

223.120, or from product formulation data

or an

1174

equivalent

method approved

the

CARB.

1175

1176

“Polystyrene

Foam Adhesive” means an

aerosol adhesive designed to

1177

bond polystyrene foam

to substrates.

1178

1179

“Automobile Headliner

Adhesive” means an aerosol adhesive designed

1180

bond together layers in motor

vehicle headliners.

1181

1182

“Polyolefin

Adhesive” means an aerosol adhesive

designed to bond

1183

polyolefins to

substrates.

1184

1185

“Laminate Repair/Edgebanding

Adhesive” means an aerosol adhesive

1186

designed

for:

1187

1188

The touch-up or repair of items laminated

with high pressure

1189

laminates (e.g., lifted

edges, delaminates, etc.); or

1190

1191

The touch-up, repair, or attachment

of edgebanding materials,

1192

including

but not limited to other laminates, synthetic

marble,

1193

veneers, wood molding, and decorative

metals.

1194

1195

For the purposes of this definition “high

pressure laminate” means

1196

sheet materials

that consist of paper, fabric, or other core

material

1197

that have been laminated at

temperatures exceeding 265°F, and

1198

pressures between 1,000 and 1,400 psi.

1199

1200

“Automotive Engine Compartment

Adhesive” means an aerosol adhesive

1201

designed for use in motor vehicle under-the-hood

applications that require

1202

oil and

plasticizer resistance, as well as high

shear strength, at

1203

temperatures

200

275°F.

JCAR350223-08

17301r01

1204

1205

“Spot Remover”

means any product labeled

to clean localized areas, or remove

1206

localized spots or stains

on cloth or fabric such

as drapes, carpets, upholstery,

and

1207

clothing, that does not require

subsequent laundering

achieve stain

removal.

1208

This does not include “Dry Cleaning

Fluid”, “Laundry Prewash”, or “Multi-

1209

purpose Solvent”.

1210

1211

“Spray Buff Product” means

a product designed to restore a worn

floor finish in

1212

conjunction

with a floor buffing machine

and special pad.

1213

1214

“Stick Product” means any antiperspirant

or deodorant that contains active

1215

ingredients in a solid matrix

form and that dispenses

the active ingredients by

1216

frictional action on the affected area.

1217

1218

“Structural Waterproof

Adhesive” means

an adhesive whose bond lines are

1219

resistant to conditions of continuous

immersion in fresh or salt

water and that

1220

conforms with

Federal Specification MMM-A-181D

(Type 1, Grade A) and

MIL

1221

A-4605 (Type A, Grade A and

Grade

C),

per the Federal

Consumer Products

1222

Regulation (40 CFR 59, subpart

C).

1223

1224

“Terrestrial” means to live

on or grow from land.

1225

1226

“Tire Sealant and Inflation” means

any pressurized product that is

designed to

1227

temporarily

inflate and seal a leaking tire.

1228

1229

“Toilet/Urinal Care Product” means

any product designed or labeled

to clean

1230

andlor to deodorize

toilet bowls, toilet tanks,

or urinals. Toilet bowls, toilet

tanks,

1231

or urinals include, but are not limited

to, toilets or urinals connected

to permanent

1232

plumbing in buildings

and other structures,

portable toilets or urinals placed

1233

temporary or remote locations, and

toilets or urinals in vehicles

such as buses,

1234

recreational motor homes,

boats, ships, and aircraft. This

does not include

1235

“Bathroom

and Tile Cleaner” or “General

Purpose Cleaner”.

1236

1237

“Type A Propellant”

means a compressed gas,

such as C02,,2

1238

compressed air, that is used as a

propellant and is either incorporated

with the

1239

product

contained

in a separate chamber within

the product’s packaging.

1240

1241

“Type B Propellant” means any halocarbon

that is used as a propellent,

including

1242

chlorofluorocarbons

(CFCs), hydrochlorofluorocarbons

(HCFCs), and

1243

hydrofluorocarbons

(HFCs).

1244

JCAR350223-08 1730 lrOl

1245

“Type

Propellant” means any propellent

that is not a Type A or Type B

1246

propellant, including propane, isobutane,

n-butane, and dimethyl ether (also

1247

known as dimethyl oxide).

1248

1249

“Undercoating” means any aerosol

product designed to impart a protective,

non-

1250

paint layer to the undercarriage, trunk interior,

and/or firewall of motor vehicles

1251

prevent the

formation

of rust or to deaden sound. This

includes, but is not limited

1252

to, rubberized, mastic,

asphaltic

products.

1253

1254

“Usage

Directions”

means the text or graphics on the

product’s principal display

1255

panel, label, or accompanying literature

that describes to the end user how and

1256

what

quantity the product

is to be used.

1257

1258

“VOM

Content” means,

for purposes of this Subpart, except

for charcoal lighter

1259

products, the total weight of VOM in a

product expressed as a percentage of

the

1260

product weight (exclusive

of the container or packaging), as determined

pursuant

1261

to Section

223.285(a)

and (b).

1262

1263

For charcoal lighter material

products only,

1264

1265

VOC Content

= (Certfied

Emissions x 100)

Certfied

Use Rate

1266

Certified

Emissions

The emissions

level for products approved

the

Agency

under Section 223 .220,

as determined pursuant to South

Coast Air Quality Management District

Rule

1174,

Ignition

Method Compliance Certification

Protocol (February 27,

1991),

expressed to the nearest 0.001

pound

2per

start.

Certified

Use Rate = The

usage level for products approved

by the Agency under

Section 223.220, as determined

pursuant to South Coast

Air

Quality

Management District Rule 1174, Ignition

Method

Compliance Certification

Protocol (February 27, 1991),

expressed

to the nearest 0.001 pound

certified product used

per start.

1267

1268

For

purposes of Subpart

of this Part, “VOM

Content” means the weight

1269

of VOM per volume

of coating, calculated according

to the

procedures

1270

specified in Section 223.340(a).

1271

JCAR350223-08

1 7301r01

1272

“Wasp and Hornet Insecticide”

means any

insecticide product that is designed

for

1273

use against wasps, hornets, yellow

jackets or bees

allowing the user

to spray

1274

from a

distance

a directed stream or

burst at the intended insects, or their hiding

1275

place.

1276

1277

“Waterproofer” means a product

designed and labeled exclusively

to repel water

1278

from fabric or leather substrates, excluding

“Fabric Protectants”.

1279

1280

“Wax” means a material or synthetic

thermoplastic

substance generally of high

1281

molecular weight hydrocarbons or high

molecular weight esters of fatty acids

1282

alcohols, except glycerol

and high polymers (plastics).

This includes, but is not

1283

limited to, substances derived from

the secretions of plants and animals such

1284

carnuba wax and beeswax,

substances of a mineral origin

such as ozocerite and

1285

paraffin, and

synthetic polymers such as

polyethylene.

1286

1287

“Web

Spray

Adhesive” means any aerosol

adhesive that is not a mist spray

1288

special purpose spray adhesive.

1289

1290

“Wood Cleaner” means

a product labeled to clean wooden

materials, including

1291

but not limited to decking, fences,

flooring, logs, cabinetry, and furniture.

The

1292

term does not include “Dusting Aid”,

“General Purpose Cleaner”, “Furniture

1293

Maintenance

Product”, “Floor Wax Stripper”,

“Floor Polish or Wax”, or products

1294

designed and labeled exclusively

to preserve or color

wood.

1295

1296

“Wood Floor Wax” means wax-based

products for use solely on wood

floors.

1297

1298

Section 223.205 Standards

1299

1300

Except as provided in Section 223.207,

223.230, 223.240, or 223.245,

no person

1301

shall sell, supply, offer

for sale, or manufacture

for

sale

in Illinois any consumer

1302

product manufactured on or after January

1, 2009 that contains VOMs in

excess

1303

of the limits specified in this

subsection:

1304

1305

Affected Product

VOM

by Weight

1306

1307

Adhesives — Spray

1308

Mist

Spray

Web Spray

1309

1310

Special

Purpose Spray Adhesives

1311

JCAR350223-08

1 7301r01

Mounting,

Automotive

Engine

Compartment,

and

Flexible Vinyl

ii)

Polystyrene

Foam and

Automotive

Headliner

iii)

Polyolefin

and

Laminate

Repair/Edgebanding

1312

Adhesives

Construction,

Panel, and

Floor

Contact

Adhesives

— General

Purpose

Adhesives

— Structural

Waterproof

1313

1314

Air

Fresheners

1315

Single

Phase Aerosol

Double

Phase

Aerosol

Liquids/Pump

Sprays

Solids/Gel

1316

1317

Antiperspirants

1318

Aerosol

HVOM

1OHVOM

Non-Aerosol

0 MVOM

1319

Automotive

Brake

Cleaners

Automotive

Rubbing

or Polishing

Compound

1320

1321

Automotive

Wax,

Polish,

Sealant,

or Glaze

1322

Hard

Paste Waxes

JCAR350223-08 17301r01

Instant

Detailers

C’)

All Other Forms

1323

10)

Automotive

Windshield Washer

Fluids

1324

1325

11)

Bathroom and

Tile Cleaners

1326

Aerosol

B’)

All Other Forms

1327

12)

Bug and Tar

Remover

13’)

Carburetor or Fuel-Injection

Air Intake Cleaners

1328

1329

14)

Carpet and Upholstery

Cleaners

1330

Aerosol

Non-Aerosol (Dilutables)

0.1

Non-Aerosol (Ready-to-Use)

3.0

1331

15)

Charcoal Lighter Material

see Section 223 .220

16)

Cooking Spray

— Aerosol

1332

1333

17)

Deodorants

1334

Aerosol

HVOM

1OHVOM

Non-Aerosol

0 MVOM

1335

1336

18)

Dusting Aids

1337

A),

Aerosol

All OtherForms

1338

1339

19)

Engine Degreasers

JCAR350223-08

17301r01

1340

Aerosol

Non-Aerosol

1341

20)

Fabric Protectants

1342

1343

21)

Floor

Polishes/Waxes

1344

Products for Flexible

Flooring Materials

Products for

Nonresilient

Flooring

Wood

Floor Wax

1345

22)

Floor Wax Strippers

see Section 223 .209

1346

1347

23)

Furniture

Maintenance Products

1348

Aerosol

All

Other Forms Except Solid

Paste

1349

1350

24)

General

Purpose Cleaners

1351

Aerosol

Non-Aerosol

1352

1353

25)

General

Purpose Degreasers

1354

Aerosol

Non-Aerosol

1355

1356

26)

Glass Cleaners

1357

Aerosol

Non-Aerosol

1358

JCAR350223-08

1 7301r01

27)

HairMousses

28)

Hairshines

29)

Hairsprays

30)

Hair Styling

Gels

31)

Heavy

Duty Hand Cleaner or

Soap

1359

1360

32)

Insecticides

1361

Crawling Bug

(Aerosol)

Crawling Bug (All

Other Forms)

Flea andTick

Flying Bug (Aerosol)

Flying Bug (All Other

Forms)

Foggers

Lawn

and Garden (Aerosol)

Lawn and

Garden (All Other

Forms)

Wasp and Hornet

1362

1363

33)

Laundry Prewash

1364

Aerosols/Solids

All Other

Forms

1365

34)

Laundry Starch Products

35)

Metal

Polishes/Cleansers

JCAR350223-08

1730 irOl

36)

Multi-Purpose

Lubricant

(Excluding

Solid or

Semi-Solid

Products)

37)

Nail

Polish

Removers

38)

Non-Selective

Terrestrial

Herbicide

— Non-Aerosol

1366

1367

39)

Oven Cleaners

1368

Aerosols/Pump

Sprays

Liquids

1369

40)

Paint

Removers

Strippers

41)

Penetrants

1370

1371

42)

Rubber

and Vinyl

Protectants

1372

Aerosol

Non-Aerosol

1373

43)

Sealants

and

Caulking

Compounds

44)

Shaving

Creams

45)

Silicone-Based

Multi-Purpose

Lubricants

(Excluding

Solid

Semi-Solid

Products)

1374

1375

46)

Spot

Removers

1376

Aerosol

Non-Aerosol

1377

47)

Tire Sealants

and Inflators

48)

Undercoatings

— Aerosols

1378

JCAR350223-08 17301r01

1379

No person shall sell, supply, offer for sale,

or manufacture for sale in Illinois,

1380

or after January 1, 2009,

any antiperspirant or

deodorant that contains any

1381

compound listed below:

1382

1383

Benzene

1384

1385

Ethylene Dibromide

1386

1387

Ethylene Dichioride

1388

1389

Hexavalent

Chromium

1390

1391

Asbestos

1392

1393

Cadmium (metallic

cadmium and cadmium

compounds)

1394

1395

Carbon Tetrachioride

1396

1397

Trichioroethylene

1398

1399

Chloroform

1400

1401

Vinyl Chloride

1402

1403

Inorganic Arsenic

1404

1405

Nickel (metallic

nickel and inorganic nickel

compounds)

1406

1407

Perchloroethylene

1408

1409

Formaldehyde

1410

1411

1,3-Butadiene

1412

1413

Inorganic Lead

1414

1415

Dibenzo-p-dioxins and dibenzofurans

chlorinated

the 2,3,7

and 8 positions

and

1416

containing 4,5,6 or 7 chlorine atoms

1417

1418

Section

223.206 Diluted Products

1419

1420

For

consumer

products for which

the label, packaging, or accompanying

literature

1421

specifically states

that the product should

be diluted with water or non-VOM

JCAR350223-08 1 7301r01

1422

solvent prior to use, the limits specified in

Section 223

.205(a)

must apply to

the

1423

product only after

the minimum recommended dilution has taken place.

1424

1425

For purposes of subsection (a)

of this Section, the minimum recommended

1426

dilution shall not include recommendations

for

incidental

use of a concentrated

1427

product to

deal with

limited special applications such as hard-to-remove

soils

1428

stains.

1429

1430

For consumer

products

for which the label, packaging,

or accompanying literature

1431

states that the product should

be diluted with any VOM solvent prior to

use, the

1432

limits specified in Section 223 .205(a) shall

apply

to the

product only after the

1433

maximum recommended

dilution has taken place.

1434

1435

Section 223.207 Products Registered under FIFRA

1436

1437

For

those consumer products that are registered under

the Federal Insecticide, Fungicide, and

1438

Rodenticide Act

(FIFRA,

7 USC

136 through

136y), incorporated

reference

in Section

1439

223.120,

the

effective date of the VOM standards

will be January 1, 2010.

1440

1441

Section 223.208

Requirements for Aerosol

Adhesives

1442

1443

As specified in California Code

417 12(h)(2),

incorporated by reference in

1444

Section

223.120,

the standards for aerosol adhesives apply

to all uses of aerosol

1445

adhesives,

including

consumer, industrial, and commercial

uses. Except as

1446

otherwise provided in Sections

223.207, 223.230, 223.240, and 223.245, no

1447

person shall sell, supply, offer for sale,

use or manufacture for sale in Illinois

any

1448

aerosol adhesive that, at

the time of sale, use, or manufacture, contains

VOMs in

1449

excess of the specified standard.

1450

1451

Special Purpose Spray Adhesive.

1452

1453

order to

qualify as a Special Purpose Spray Adhesive

the product must

1454

meet one or more of the

definitions for Special Purpose Spray Adhesive

1455

specified in Section 223.203,

but if the product label indicates that

the

1456

product is suitable for use on

any substrate or application not listed in

one

1457

of the definitions

for Special Purpose Spray Adhesive,

then the product

1458

shall be classified as either

a Web Spray Adhesive or a Mist Spray

1459

Adhesive.

1460

1461

If a product meets

more than one of the definitions specified in Section

1462

223.203 for Special Purpose

Spray Adhesive and is not classified as

1463

Web Spray

Adhesive

or Mist Spray

Adhesive under Section 223 .203,

then

JCAR350223-08

1 7301r01

1464

the

VOC limit

for

the product shall be

the

lowest applicable

VOM limit

1465

specified in Section

223.205(a).

1466

1467

Effective

January 1,

2009, no person shall

sell,

supply,

offer for sale, or

1468

manufacture

for use in

Illinois any aerosol

adhesive

that contains any of

the

1469

following compounds:

methylene

chloride, perchloroethylene,

1470

trichloro

ethylene.

1471

1472

All aerosol adhesives

must

comply

with the labeling

requirements

specified in

1473

Section 223.265.

1474

1475

Section

223.209 Requirements

for Floor

Wax Strippers

1476

1477

after January

1, 2009, no

person shall sell,

supply,

offer

for sale, or manufacture

for use in

1478

Illinois any

floor

wax

stripper

unless the following

requirements

are met:

1479

1480

The label of each

non-aerosol

floor wax stripper must

specify a

dilution ratio

for

1481

light or medium

build-up of polish

that

results

in an as-used VOM concentration

1482

of three percent

by weight

less;

1483

1484

If a

non-aerosol

floor wax stripper

is also

intended to be used for

removal

1485

heavy build-up

polish,

the label of that floor

wax stripper

must specify

1486

dilution

ratio for heavy

build-up of polish

that results

an as-used VOM

1487

concentration

of 12%

weight

or less;

and

1488

1489

The

term “light build-up”,

“medium build-up”,

“heavy build-up” is not

1490

specifically required,

as long as

comparable

terminology

is used.

1491

1492

Section

223.210 Products

Containing Ozone-Depleting

Compounds

1493

1494

For

any

consumer product

for which standards

are specified

under Section

1495

223

.205(a), no person shall

sell, supply,

offer for sale,

or manufacture for

sale

1496

Illinois

any consumer

product that contains

any of the

following ozone-depleting

1497

compounds:

1498

1499

Trichlorofluoromethane

(CFC-1

1);

1500

1501

Dichlorodifluoromethane

(CFC-12);

1502

1503

1,1,1

-trichloro-2,2,2-trifluoroethane

(CFC-

113);

1504

1505

1 -chloro-

1,1

-difluoro-2-chloro-2,2-difluoroethane

(CFC-

114);

1506

JCAR350223-0817301r01

1507

Chioropentafluoroethane (CFC-1 15);

1508

1509

Bromochiorodifluoromethane (Halon 1211);

1510

1511

Bromotrifluoromethane (Halon 1301);

1512

1513

Dibromotetrafluoroethane (Halon 2402);

1514

1515

Chiorodifluoromethane (HCFC-22);

1516

1517

10)

2,2-dichioro- 1,1,1 -trifluoroethane (HCFC-1 23);

1518

1519

11)

2-chioro- 1,1,1

,2-tetrafluoroethane

(HCFC- 124);

1520

1521

12)

1,1

-dichioro-

1 -fluoroethane (HCFC- 141b);

1522

1523

13)

-chioro-

1,1 -difluoroethane (HCFC- 1 42b);

1524

1525

14)

1,1,1-trichioroethane; and

1526

1527

15)

Carbon tetrachioride.

1528

1529

The requirements in subsection (a) of this Section shall not apply to any product

1530

formulation existing as of January 1, 2009 that complies with Section

223

.205(a)

1531

or is

reformulated to meet

Section

223 .205(a),

provided

the ozone-depleting

1532

compound content of the reformulated product does not increase.

1533

1534

The

requirements in subsection (a) of this Section shall not apply to any ozone

1535

depleting compounds that may be present as impurities in a consumer product in

1536

amount equal to or less than 0.0

by weight of the product.

1537

1538

Section 223.220

Requirements for Charcoal Lighter Material

1539

1540

No person shall

sell,

supply, or offer for sale on or after January 1, 2009 any

1541

charcoal lighter material product unless, at the time of the transaction, the

1542

manufacturer can demonstrate that it has been issued an effective certification

1543

the CARB

under the Consumer Products

provisions

under

California

Code of

1544

Regulations

94509(h), incorporated by reference in Section 223.120. This

1545

certification

remains in

effect for Illinois for as long as the CARB certification

1546

remains

in effect.

1547

JCAR350223-081

730 lrOl

1548

Alternatively,

the person

may demonstrate

that, at the

time

the

transaction,

the

1549

manufacturer

had

been issued

certification

by an

air

pollution

agency

of another

1550

state

and

USEPA that

was current

at the time

of the transaction.

1551

1552

Upon

request by

the Agency,

a manufacturer

claiming

have a

certification

1553

specified

subsection

(a)

of this Section

must

submit to

the Agency

copy of

the

1554

certification

decision,

including

all conditions

applicable

the certification

1555

established

CARB or

the air pollution

agency

another

state and

USEPA.

1556

1557

Section 223.230

Exemptions

1558

1559

This Subpart

shall

not

apply to

any

consumer product

manufactured

in Illinois

for

1560

shipment

and

use outside

Illinois,

as long

as the

manufacturer

distributor

can

1561

demonstrate

both

that the

consumer

product is

intended for

shipment

and use

1562

outside

of Illinois,

and

that the

manufacturer

or distributor

has

taken reasonable,

1563

prudent

precautions

to assure

that the

consumer

product is

not

distributed

1564

Illinois.

This exemption

shall

not apply

consumer

products

that are

sold,

1565

supplied,

or offered

for sale

any

person to retail

outlets

in Illinois.

1566

1567

For

antiperspirants

deodorants,

ethanol

shall

not be

considered

a medium

1568

volatility

organic

material

(MVOM)

for purposes

the

content standards

1569

specified

in Section

223 .205(a).

1570

1571

The

VOM

limits

specified

in Section

223.205(a)

shall not

apply

to fragrances

1572

to a

combined

level

two percent

by weight

contained

any

consumer

product

1573

and

shall

not apply

to colorants

up to

a combined

level of

two

percent by

weight

1574

contained

in any

antiperspirant

or deodorant.

1575

1576

The

requirements

of Section

223.205(a)

for antiperspirants

deodorants

shall

not

1577

apply

to those volatile

organic

materials

that contain

than

10 carbon

atoms

1578

per

molecule

and for

which

the

vapor pressure

is unknown,

that have a

vapor

1579

pressure

two

mm Hg or

less

at 20°C.

1580

1581

The

VOM

limits

specified

in Section

223.205(a)

shall not

apply

to any LVP

1582

VOM.

1583

1584

The

requirements

Section

223.250 shall

not apply

consumer

products

1585

registered

under

the Federal

Insecticide,

Fungicide,

and Rodenticide

Act

(FIFRA,

1586

7 USC

136 through

136y).

1587

1588

The

VOM limits

specified

in Section

223 .205(a)

shall not

apply to air

fresheners

1589

that

are comprised

entirely

fragrance,

less

compounds

not defined

as VOMs

1590

under

Section

211.7150

exempted

under

subsection

(f).

JCAR350223-0817301r01

1591

1592

The VOM limits

specified in Section 223 .205(a)

shall not apply to air fresheners

1593

and insecticides containing at

least 98% para-dichlorobenzene.

1594

1595

The VOM limits

specified in Section 223

.205(a) shall not apply to adhesives

sold

1596

in containers of one

fluid ounce or less.

1597

1598

The

VOM limits specified in Section 223

.205(a) shall not apply to bait

station

1599

insecticides. For

the purpose of this Section,

bait station insecticides are

1600

containers enclosing an

insecticidal bait that is

not

more than

0.5 ounce by

1601

weight, when

the bait is designed to

ingested

by insects and is composed

1602

solid material feeding stimulants

with less than five percent active

ingredients.

1603

1604

Section 223.240 Innovative Product Exemption

1605

1606

Any manufacturer of consumer

products that have been granted an Innovative

1607

Product exemption

by the CARB under the

Innovative Products provisions in

1608

California Code of Regulations §

94511 or 94503.5, both incorporated

1609

reference in Section

223.120, shall be exempt

from the limits in Section

1610

223 .205(a) for the period

of time that the CARB Innovative

Products exemption

1611

remains in effect, provided that

all consumer products within the

CARB

1612

Innovative Products exemption

are contained in the limits in Section 223 .205(a).

1613

Any

manufacturer

claiming such an exemption

on this basis must submit to

the

1614

Agency a copy

the

CARB Innovative Product

exemption decision (i.e., the

1615

Executive Order), including

all conditions established

the

CARB applicable

1616

the exemption.

1617

1618

Recordkeeping and Availability

of Requested Information.

1619

1620

All

information specified in the

Innovative Product exemption approving

1621

an Innovative Product

application shall be maintained

by the responsible

1622

party

for a minimum of three years

after the expiration of the exemption.

1623

The records shall be clearly

legible and maintained in

good

condition

1624

during this period.

1625

1626

The records

specified in subsection

(b)(1) shall be made available to

the

1627

Agency, or its authorized

representative, upon request.

1628

1629

Section 223.245

Alternative Compliance

Plans

1630

1631

The purpose of this Section is

to provide an alternative method

to comply with

the

1632

limits in Section 223.205(a). This alternative

is provided by allowing

responsible

1633

ACP parties the option

of voluntarily entering

into separate ACPs for consumer

JCAR350223-08 17301r01

1634

products, as specified in this Subpart.

Only responsible ACP parties for consumer

1635

products may

enter into an ACP.

1636

1637

Any manufacturer of consumer

products that has been granted an ACP

1638

Agreement by the CARB under the

provisions in 17 CCR

§ss

94540-94555,

1639

incorporated by reference in Section 223.120, shall be

exempt from the limits in

1640

Section 223 .205(a)

for

the

period of time that the CARB ACP

Agreement remains

1641

in effect, provided that all ACP

products used for emissions credits within the

1642

CARB ACP Agreement are contained

in Section

223.205(a).

Any manufacturer

1643

claiming such an ACP

Agreement on this basis must submit to

the Agency a copy

1644

of the CARB ACP decision (i.e.,

the Executive Order), including all conditions

1645

established

the CARB

applicable to the exemption.

1646

1647

Recordkeeping and Availability

of Requested Information.

1648

1649

All infomiation specified

in the ACP Agreement approving an ACP

shall

1650

be maintained by the responsible

ACP

party

for a minimum of three years

1651

after the expiration

of the ACP. The records shall be clearly legible

and

1652

maintained in good condition

during this period.

1653

1654

The records

specified in subsection (c)(1) shall be made available to

the

1655

Agency or its authorized

representative upon request.

1656

1657

Section 223.250 Product Dating

1658

1659

Each manufacturer of a consumer

product subject to Section 223 .205(a) shall

1660

clearly display on each consumer product container or

package the day, month,

1661

and

year on which the product

was manufactured, or a code indicating such

date.

1662

1663

A manufacturer who uses the following

code to indicate the date of manufacture

1664

shall

not be

subject to the requirements of Section 223.255(a),

if the code is

1665

represented separately from other

codes

the product container so that it is

1666

easily recognizable:

1667

1668

DDD = year year day

day day

1669

1670

Where:

1671

1672

YY = Two digits representing

the year in which the product was

1673

manufactured

1674

1675

DDD = Three digits

representing the day of the year on which the

1676

product was manufactured,

with “001” representing the first

JCAR350223-0817301r01

1677

day of the year, “002” representing the second day of the

year,

1678

and

so forth (i.e., the “Julian date”)

1679

1680

This date or code shall be displayed

each consumer product container or

1681

package no later than the effective date of the applicable standard specified in

1682

Section 223 .205(a).

1683

1684

The date or date-code information

shall

be located

on the

container or inside

the

1685

cover/cap so that it is

readily

observable or obtainable by simply removing the

1686

cap/cover without irreversibly disassembling

any part of the container or

1687

packaging. For the purposes of this subsection, information may be displayed

1688

the bottom of a container as long

as it is clearly legible without removing any

1689

product

packaging.

1690

1691

The

requirements of this

Section shall not apply to products containing no VOMs

1692

(as defined in Section 223.203), or containing

VOMs

0.10% by

weight or

less.

1693

1694

Section

223.255 Additional Product Dating Requirements

1695

1696

person shall erase, alter,

deface, or otherwise remove or make illegible any

1697

date or code indicating the date

of manufacture from any regulated product

1698

container without the express authorization

of the

manufacturer.

No manufacturer

1699

shall affix a date-code that is not true for the date the item was manufactured.

1700

1701

Date-code explanations for codes

indicating the date of manufacture are public

1702

information and may not be claimed as confidential.

1703

1704

Section

223.260 Most Restrictive Limit

1705

1706

Products manufactured before January 1, 2009, and FIFRA-registered

insecticides

1707

manufactured before January 1, 2010.

1708

Notwithstanding

the

definition of product category in Section 223 .203, if,

1709

anywhere on the principal display panel

of any

consumer product

manufactured

1710

before

January

2009 or any

FIFRA-registered insecticide manufactured before

1711

January 1, 2010, any representation is made that the product may

be used as, or

1712

suitable for use as,

a consumer

product for which a lower VOC limit is specified

1713

Section 223 .205(a), then the lowest

VOC limit shall apply. This requirement

1714

does not apply to general purpose cleaners, antiperspirant/deodorant products

and

1715

insecticide

foggers.

1716

1717

Products manufactured on or after January

2009

and

FIFRA-registered

1718

insecticides manufactured on or after January 1, 2010.

JCAR350223-08

17301r01

1719

Notwithstanding the

definition of product category in Section 223 .203,

if,

1720

anywhere on the container

or packaging of any consumer product manufactured

1721

on or after

January

1, 2009 or any FTh’RA-registered

insecticide manufactured

1722

after January 1,

2010 or on any sticker or label

affixed to

the container

1723

packaging, any representation

is made that the product may be used as,

1724

suitable for use as, a consumer

product for which a lower

VOC

limit is specified

1725

in Section

223.205(a),

then

the lowest VOM limit shall apply. This requirement

1726

does not apply

general purpose cleaners, antiperspirant/deodorant

products and

1727

insecticide foggers.

1728

1729

Section

223.265 Additional Labeling

Requirements for Aerosol Adhesives, Adhesive

1730

Removers, Electronic

Cleaners,

Electrical Cleaners,

Energized Electrical Cleaners, and

1731

Contact

Adhesives

1732

1733

In addition to the requirements

specified in Sections 223 .250, 223 .260, and

1734

223 .270, both the manufacturer

and responsible

party for each aerosol adhesive,

1735

adhesive remover, electronic

cleaner, electrical cleaner, energized electrical

1736

cleaner,

and

contact adhesive product subject to

this Subpart shall ensure that all

1737

products clearly display

the following information on each product container

1738

manufactured on or after January

1, 2009.

1739

1740

The

product category as specified in Section 223.205(a)

or an abbreviation

1741

of the category

shall be displayed.

1742

1743

The applicable VOM standard

for the product that is specified in Section

1744

223 .205(a)

except for energized electrical cleaner,

expressed as a

1745

percentage by weight,

shall be displayed unless the product is included

1746

alternative control plan approved

the

Agency, as provided in

1747

Sections 223 .240 and 223 .245,

and the product exceeds the applicable

1748

VOM standard.

1749

1750

If the product

is included in an alternative control plan approved

by the

1751

Agency, and the product exceeds the applicable

VOM standard specified

1752

in Section 223.205(a),

the product shall be labeled with the term “ACP”

1753

“ACP

product”.

1754

1755

If the product is classified as a special

purpose spray adhesive, the

1756

applicable

substrate andlor application or an abbreviation

of the substrate

1757

and/or application

that qualifies the product as special purpose shall

1758

displayed.

1759

JCAR350223-0817301r01

1760

If the manufacturer

or responsible party uses an abbreviation as allowed

1761

by this Section, an explanation

of the abbreviation must be filed with the

1762

Agency before the abbreviation is

used.

1763

1764

The

information required

in Section 223.25 0(a) shall be displayed on the product

1765

container such that it is

readily observable without removing or disassembling

any

1766

portion of the product container or

packaging. For the purposes of this

1767

subsection, information may be displayed on the

bottom of a

container

long

1768

it is

clearly legible without

removing any product packaging.

1769

1770

person shall remove,

alter, conceal, or deface the information required in

1771

subsection (a) prior to final sale of

the product.

1772

1773

Section 223.270 Reporting Requirements

1774

1775

Within 90 days after written request

the agency, a

responsible

party

must

1776

submit to the Agency any

of the following information:

1777

1778

The name, address,

and telephone number of the responsible party and

the

1779

name and telephone

number of the party’s designated contact person;

1780

1781

For each product subject to Section 223 .205(a):

1782

1783

The product

brand name;

1784

1785

The product label;

1786

1787

The product category to which the consumer product

belongs;

1788

1789

The applicable product forms listed separately;

and

1790

1791

identification of the product as a household product,

1792

institutional product, or

both;

1793

1794

Separate Illinois sales in pounds per year, to

the nearest pound, and the

1795

method used

to calculate Illinois sales for each product form;

1796

1797

For information submitted by multiple companies,

identification

1798

each company

that is submitting relevant data separate from that

submitted

1799

the responsible

party. All information from each company shall be

1800

submitted by the date requested

by the Agency;

1801

JCAR350223-0817301r01

1802

For

each product

brand name

and form,

the net

percent by

weight of the

1803

total product,

less

container

and

packaging,

comprised

of the

following,

1804

rounded

to the

nearest 0.1%:

1805

1806

Total

Section

223.205(a)

compounds;

1807

1808

Total

LVP-VOMs

that

are not fragrances;

1809

1810

Total all other

carbon-containing

compounds

that

are

not

1811

fragrances;

1812

1813

Total

all non-carbon-containing

compounds;

1814

1815

Total

fragrance;

1816

1817

For

products

containing

greater

than 2%

weight

fragrance:

1818

1819

The

percent of

fragrance

that is

LVP-VOMs;

and

1820

1821

ii)

The

percent

of fragrance

that is all

other

carbon-containing

1822

compounds;

and

1823

1824

Total

paradichlorobenzene;

1825

1826

For

each product

brand

name and

form, the

identity,

including

the specific

1827

chemical name

and associated

Chemical

Abstract

Services

(CAS)

number,

1828

the

following:

1829

1830

Each

Section

223.205(a)

compound;

and

1831

1832

Each

LVP-VOM

that is not

a fragrance;

and

1833

1834

the product

includes

propellant,

the

following:

1835

1836

The weight

percent

comprised

propellant

for each

product;

and

1837

1838

An identification

of the type

of propellant,

such as

Type

A, Type

1839

B, Type

a blend of

the different

types.

1840

1841

addition

the requirements

of subsection

(a)(6),

the responsible

party

shall

1842

report

or shall arrange

have

reported

to the

Agency,

upon

request, the

net

1843

percent

by weight

of each

ozone-depleting

compound

that

is:

1844

JCAR350223-08

1 7301r01

1845

Listed in

Section 223.210(a);

and

1846

1847

Contained in a product

subject to

reporting under subsection

(a) in any

1848

amount

greater than

0.1% by

weight.

1849

1850

addition, all manufacturers

must submit

to the

Agency,

upon

request,

the

1851

infonnation requested

subsections

(a) and

(b)

upon

comrriencement of the

1852

selling of each

such product in Illinois.

1853

1854

Section 223.275 Special

Recordkeeping Requirements

for Consumer Products

that

1855

Contain

Perchioroethylene

Methylene

Chloride

1856

1857

The requirements

of this Section

shall apply to

all responsible parties

for

1858

consumer products

that are

subject

to Section 223.205(a)

and contain

1859

perchioroethylene or

methylene

chloride and energized

electrical cleaners

1860

defined in Section

223.203 that contain

perchioroethylene

or methylene

chloride.

1861

For the purposes of

this

Section,

a product “contains

perchloroethylene

1862

methylene chloride”

if the product

contains 1.0% or

more by weight (exclusive

1863

the

container or packaging)

of either

perchloroethylene

or methylene

chloride.

1864

1865

For each consumer

product

that contains perchloroethylene

or methylene

chloride,

1866

within

90 days after written

request

by the

agency, the responsible

party shall

1867

report

the following

information

for products

sold in Illinois:

1868

1869

The product brand

name

and

a copy of the product

label with legible

usage

1870

instructions;

1871

1872

The product

category to which

the consumer product

belongs;

1873

1874

The

applicable

product forms

(listed separately);

1875

1876

For each

product

form listed in subsection

(b)(3),

the total sales in Illinois

1877

during the calendar

year

to the

nearest pound (exclusive

of the container

1878

packaging),

and the method used

for calculating

the Illinois sales; and

1879

1880

The weight

percent,

to the nearest

0.1%, of

perchloroethylene

and

1881

methylene chloride

in the consumer

product.

1882

1883

Section 223.280

Calculating

Illinois

Sales

1884

1885

If direct

sales data for Illinois

are not available,

sales may be estimated

prorating national

1886

regional

sales data by

population.

1887

JCAR350223-08 1 7301r01

1888

Section 223.285 Test Methods

1889

1890

Testing to determine compliance

with the requirements

this

Subpart shall be

1891

performed using CARB Method

310, Determination of Volatile Organic

Materials

1892

(VOM) in Consumer Products, which

is incorporated by reference in Section

1893

223.120.

1894

1895

Compliance with the requirements

of this Subpart may also be

demonstrated

1896

through

calculation

of the VOM content

from records of the amounts of

1897

constituents used to make

the product pursuant

to the

following

criteria:

1898

1899

Accurate manufacturing

records shall

be kept

for

each day of production

1900

of the amount and chemical

composition of the individual product

1901

constituents;

1902

1903

Records required

subsection

(b)(1) shall be kept for at

least three years;

1904

1905

For subsection

(b)(4), the following shall apply:

1906

1907

“A”

means the total net weight

of unit excluding container and

1908

packaging;

1909

1910

“B” means the total

weight of all VOMs per unit; and

1911

1912

“C”

means

the total weight of all exempted

VOMs per unit;

1913

1914

For the

purposes of this Section,

the VOM content shall be calculated

1915

subtracting the total weight

of VOMs exempted under

Section 223.230

per

1916

unit

from the total weight of all

VOMs per unit, divided by the total

net

1917

weight of unit excluding

container and packaging and the

product,

1918

multiplied

by 100 as in the formula below:

1919

1920

1921

VOMContent

= B

—

Cxi

1922

1923

If product records

appear to demonstrate compliance

with the VOM

limits,

1924

but these records are

contradicted by product testing

performed using

1925

CARB Method 310, the results

of CARB Method 310 shall take

1926

precedence

over the product records

and may be used to establish

1927

violation of the requirements

of this Subpart.

1928

JCAR350223-08 1 7301r01

1929

Testing to determine whether a product

is a liquid or solid shall be performed

1930

using ASTM D4359-90, which is incorporated

by reference in Section 223.120,

1931

an equivalent

method approved by the CARB.

1932

1933

Testing to determine compliance with

the certification requirements for charcoal

1934

lighter material shall be performed using

the procedures specified in the

1935

SCAQMD

Test

Protocol Rule 1174, Ignition

Method

Compliance Certification

1936

Protocol, dated February 28, 1991,

which is incorporated

reference in Section

1937

223.120.

1938

1939

Testing to determine distillation points

of petroleum distillate-based charcoal

1940

lighter materials

shall be performed using ASTM D86-07b, which is

incorporated

1941

by reference in Section 223.120, or an

equivalent method approved by the CARB.

1942

1943

No person shall create, alter, falsify, or otherwise

modify records in such a way

1944

that the records do not accurately

reflect the constituents used to manufacture

1945

product, the chemical composition of

the individual product, and any other test,

1946

processes, or records

used in connection with product manufacture.

1947

1948

SUBPART C: ARCHITECTURAL AN]) INDUSTRIAL

MAINTENANCE COATINGS

1949

1950

Section 223.300 Purpose

1951

1952

The

purpose of this Subpart is to limit emissions

of VOMs by requiring reductions in the VOM

1953

content of

architectural and

industrial maintenance coatings and required work practices

1954

minimize VOM

emissions in the application

of architectural and industrial maintenance coatings

1955

surfaces.

1956

1957

Section 223.305 Applicability

1958

1959

This Subpart is

applicable to

any person who supplies, sells, offers for sale, or manufactures

any

1960

architectural coating for use within the State of Illinois,

as well as any person who applies or

1961

solicits the

application of any architectural

coating within Illinois. This Subpart does not apply

1962

to:

1963

1964

Any architectural coating that is sold

or manufactured for use outside of the

State

1965

Illinois or

for shipment to other manufacturers for reformulation or

1966

repackaging.

1967

1968

Any

aerosol

coating product.

1969

1970

Any architectural coating

that is sold in a container with a volume of one liter

1971

(1.057 quart) or less.

JCAR350223-08

17301r01

1972

1973

Section

223.307 Definitions for Subpart

1974

1975

The definitions contained in this Section apply

only to the provisions

of this Subpart. Unless

1976

otherwise defined in this Section, the definitions

of terms used in this Subpart shall have

the

1977

meanings specified for

those terms

in 35 Iii. Adm.

Code 211.

1978

1979

“Adhesive” means any chemical

substance that is applied

for the purpose of

1980

bonding two surfaces together other

than by mechanical means.

1981

1982

“Aerosol Coating Product” means

a pressurized coating product containing

1983

pigments or resins that

dispenses product ingredients

by means of a propellant,

1984

and is packaged in a disposable

can for hand-held application or

for

use

1985

specialized equipment

for ground traffic/marking

applications.

1986

1987

“Antenna Coating” means

a coating labeled and formulated

exclusively for

1988

application

to equipment and associated

structural appurtenances that are

used to

1989

receive or transmit electromagnetic

signals.

1990

1991

“Antifouling Coating”

means a coating labeled

and formulated for application

1992

submerged stationary

structures and their appurtenances

to prevent or reduce

the

1993

attachment of marine or

freshwater biological organisms.

To qualify as an

1994

“Antifouling Coating”, the

coating must be registered with USEPA

under the

1995

Federal Insecticide, Fungicide and

Rodenticide Act (7

USC

136 et seq.)

1996

1997

“Appurtenance” means any

accessory to a stationary

structure coated at the site

1998

installation,

whether installed or detached,

including, but not limited to, bathroom

1999

and kitchen fixtures, cabinets,

concrete forms, doors, elevators,

fences, hand

2000

railings, heating

equipment, air conditioning

equipment, and other fixed

2001

mechanical equipment or

stationary tools, lampposts, partitions,

pipes

and

piping

2002

systems, rain gutters

and downspouts, stairways,

fixed ladders, catwalks and

fire

2003

escapes, and window screens.

2004

2005

“Architectural

Coating” means

coating

to be applied to stationary structures

2006

the appurtenances at the

site of installation, to portable

buildings at the site of

2007

installation,

to pavements, or to curbs.

Coatings applied in shop applications

or to

2008

non-stationary structures,

such as airplanes, ships,

boats, railcars, and

2009

automobiles, and adhesives

are not considered architectural

coatings for the

2010

purposes of this Subpart.

2011

2012

“Bitumens” means

black or brown materials including,

but not limited to, asphalt,

2013

tar, pitch, and asphaltite that

are soluble in carbon disulfide,

consist mainly of

JCAR350223-08 1 7301r01

2014

hydrocarbons, and are obtained from natural deposits or as residues from the

2015

distillation

crude petroleum

or coal.

2016

2017

“Bituminous Roof Coating” means a coating that incorporates “Bitumens” that is

2018

labeled and formulated exclusively for roofing.

2019

2020

“Bituminous Roof Primer” means

primer that

incorporates

“Bitumens” that

2021

labeled and formulated exclusively for roofing.

2022

2023

“Bond

Breaker” means a coating labeled and

formulated for

application between

2024

layers of

concrete

to prevent a freshly poured top layer of concrete from bonding

2025

to the

layer over which it is poured.

2026

2027

“Calcamine Recoaters” means flat solvent borne coatings formulated and

2028

recommended specifically

for recoating calcamine-painted ceilings and other

2029

calcamine-painted substrates.

2030

2031

“Clear

Brushing Lacquers” means clear wood finishes, excluding clear lacquer

2032

sanding scalers, formulated with nitrocellulose or synthetic resins to dry by

2033

solvent

evaporation without

chemical reaction and to provide a solid,

protective

2034

film,

which are intended exclusively for application

brush and which are

2035

labeled as specified in Section 223.320(e).

2036

2037

“Clear Wood Coatings” means clear and semi-transparent coatings, including

2038

lacquers

and varnishes, applied

to wood

substrates

provide a transparent

2039

translucent solid film.

2040

2041

“Coating”

means, for purposes of this Subpart, a material applied onto or

2042

impregnated into

substrate

for protective, decorative, or functional purposes.

2043

Such materials include, but are not limited to, paints, varnishes, sealers, and

2044

stains.

2045

2046

“Colorant”

means, for purposes of this Subpart, a concentrated pigment dispersion

2047

in water, solvent,

and/or

binder that is added to an architectural coating after

2048

packaging in sale units to produce the desired color.

2049

2050

“Concrete

Curing Compound”

means,

for

purposes

this Subpart, a

coating

2051

labeled and formulated for application to freshly poured concrete to retard the

2052

evaporation of water.

2053

2054

“Concrete

Surface Retarder” means

mixture

retarding ingredients

such as

2055

extender pigments, primary pigments, resin, and solvent that interact chemically

2056

with the cement to prevent hardening on the surface where the retarder is applied,

JCAR350223-08

1 7301r01

2057

allowing

the retarded

mix of cement

and sand at

the surface to

be washed away

2058

create an exposed aggregate

finish.

2059

2060

“Conversion

Varnish” means a

clear acid-curing

coating with

an alkyd or other

2061

resin blended with

amino resins

and

supplied

as a single

component or two-

2062

component

product.

Conversion

varnishes

produce a hard,

durable,

clear

finish

2063

designed

for professional

application to wood

flooring.

Film formation

is the

2064

result

of an acid-catalyzed

condensation

reaction,

affecting a transetherification

2065

the reactive

ethers

the amino resins.

2066

2067

“Dry Fog

Coating”

means a coating

labeled and formulated

only for

spray

2068

application

such that overspray

droplets

dry

before

subsequent contact with

2069

incidental

surfaces

in the vicinity

of the surface coating

activity.

2070

2071

“Exempt

Compound”

means a compound

identified as

exempt

under

the

2072

definition

of Volatile Organic

Material

(VOM)

Part 211.7150. The exempt

2073

compound

content

of a coating shall

be determined

USEPA

Method

24 or

2074

South

Coast Air Quality

Management

District

(SCAQMD)

Method 303-9

2075

(Revised

February

1993), incorporated

by reference

in Section 223.120.

2076

2077

“Faux Finishing Coating”

means

a coating

labeled

and formulated as

a stain

2078

glaze to create

artistic effects

including, but not

limited to, dirt,

old age, smoke

2079

damage,

and

simulated marble

and wood grain.

2080

2081

“Fire-Resistive

Coating”

means an opaque

coating labeled

and

formulated

2082

protect

the

structural integrity

by increasing

the

fire endurance

of interior or

2083

exterior steel

and

other

structural materials

that has been fire

tested and

rated

by a

2084

testing

agency and approved

by building

code

officials

for use in bringing

2085

assemblies

of structural

materials into compliance

with federal,

State, and

local

2086

building

code requirements.

The fire-resistive

coating

and the testing agency

2087

must be approved

by building

code officials.

The fire-resistive

coating

shall

2088

tested in accordance

with ASTM

El 19-98,

incorporated

by reference in Section

2089

223.120.

2090

2091

“Fire-Retardant

Coating”

means a coating labeled

and

formulated

to retard

2092

ignition and flame

spread that

has

been fire

tested and rated

by a testing agency

2093

approved

building code

officials for use

in bringing building

and

construction

2094

materials into

compliance with

federal, State,

and local

building code

2095

requirements.

The fire-retardant

coating

and the testing

agency must be

approved

2096

building

code officials.

The fire-retardant

coating shall

be tested in

accordance

2097

with

ASTM

E84-07, incorporated

reference

Section 223.120.

2098

JCAR350223-08

1730

irOl

2099

“Flat Coating” means a coating that

is not defined under any other definition

2100

this Section and that

registers gloss less than 15

on an 85-degree meter or less

2101

than five on a 60-degree

meter according to ASTM D523-89

(1999), incorporated

2102

by reference in Section 223.120.

2103

2104

“Floor Coating”

means an opaque coating that

is labeled and formulated for

2105

application to flooring,

including, but not limited

to, decks, porches, steps, and

2106

other horizontal surfaces that

may be subjected to foot

traffic.

2107

2108

“Flow Coating” means

a coating labeled and formulated

exclusively for use by

2109

electric power companies or their subcontractors

to maintain the protective

2110

coating systems present

on utility transformer units.

2111

2112

“Form-Release Compound”

means a coating labeled and

formulated for

2113

application to a concrete

form to prevent the

freshly poured concrete from

2114

bonding to the form. The form

may consist of wood, metal, or some

material

2115

other than concrete.

2116

2117

“Graphic

Arts

Coating or Sign Paint”

means a coating labeled and formulated

for

2118

hand-application

artists

using brush or roller techniques

to indoor and outdoor

2119

signs (excluding structural

components) and murals, including

letter enamels,

2120

poster colors, copy blockers, and

bulletin enamels.

2121

2122

“High-Temperature

Coating” means a high

performance coating, excluding

2123

engine paint, labeled and

formulated for application

to substrates exposed

2124

continuously or intermittently to

temperatures above 204°C

(400°F).

2125

2126

“Impacted Immersion Coating”

means a high performance maintenance

coating

2127

formulated and recommended

for application

to steel structures subject to

2128

immersion in turbulent, debris-laden water.

These coatings are specifically

2129

resistant to high-energy impact

damage by floating ice or

debris.

2130

2131

“Industrial Maintenance Coating”

means a high performance

architectural coating,

2132

including primers,

sealers, undercoaters, intermediate

coats, and topcoats,

2133

formulated for application to

substrates exposed to one or more

the

following

2134

extreme environmental

conditions and labeled

as specified in Section 223.320(d):

2135

2136

Immersion

in water, wastewater,

or chemical solutions (aqueous

and non

2137

aqueous

solutions), or chronic exposures

of interior surfaces to moisture

2138

condensation;

2139

2140

Acute

or chronic exposure

to corrosive, caustic, or acidic agents,

or to

2141

chemicals,

chemical fumes,

chemical

mixtures or solutions;

JCAR350223-08

17301r01

2142

2143

Repeated exposure

to temperatures

above 121°C (250°F);

2144

2145

Repeated (frequent)

heavy

abrasion,

including

mechanical

wear

and

2146

repeated (frequent)

scrubbing

with industrial solvents,

cleansers,

2147

scouring

agents; or

2148

2149

Exterior

exposure

metal structures

and structural components.

2150

2151

“Lacquer

means, for purposes

of this

Subpart,

a clear or opaque

wood coating,

2152

including clear

lacquer sanding

sealers, formulated

with cellulosic

or synthetic

2153

resins to dry

by evaporation

without chemical

reaction and to provide

a solid,

2154

protective

film.

2155

2156

“Low Solids

Coating” means a coating

containing

0.12 kilogram

or less of solids

2157

per liter (1 pound

or less of solids

per gallon)

of coating material.

2158

2159

“Magnesite Cement

Coating”

means a coating

labeled and formulated

for

2160

application

to magnesite cement

decking to protect

the magnesite

cement

2161

substrate

from erosion by water.

2162

2163

“Mastic

Texture

Coating”

means a coating

labeled and

formulated to cover

holes

2164

and

minor cracks and to

conceal surface

irregularities, and

is applied in

a single

2165

coat of at least 10 mils

(0.010

inch)

dry film thickness.

2166

2167

“Metallic Pigmented

Coating” means

a coating

containing at least 48

grams

2168

elemental metallic

pigment per

liter of coating as applied

(0.4 pounds

per gallon),

2169

when tested in accordance

with SCAQMD

Method

3 18-95, incorporated

2170

reference in Section

223.120.

2171

2172

“Multi-Color

Coating”

means a coating

that is packaged

in a single container

and

2173

that exhibits more than

one

color

when applied in a single

coat.

2174

2175

“Non-Flat Coating”

means a

coating

that is not defined

under any

other

definition

2176

this Section

and

that registers a gloss

of 15

greater

on an 85-degree

meter

2177

and five or greater on

60-degree

meter according to ASTM

D523-89,

2178

incorporated

reference in Section

223.120,

or an

equivalent method approved

2179

bytheCARB.

2180

2181

“Non-Flat

High-Gloss

Coating”

means a non-flat

coating that registers

a gloss

2182

or above

on a 60-degree meter

according

to ASTM D523-89,

incorporated

2183

reference into

Section 223.120,

or an equivalent

method

approved

by the

CARB.

2184

JCAR350223-0817301r01

2185

“Nonindustrial

Use” means

any use of architectural

coatings

except

in the

2186

construction

or maintenance of any

the following:

facilities used

the

2187

manufacturing

goods and

commodities; transportation

infrastructure,

including

2188

highways,

bridges, airports

and railroads; facilities

used

mining activities,

2189

including

petroleum extraction;

utilities infrastructure,

including

power generation

2190

and

distribution;

and water

treatment and

distribution systems.

2191

2192

“Nuclear

Coating” means

a protective

coating formulated

and recommended

2193

seal porous surfaces

such as steel

(or concrete) that otherwise

would

be subject

2194

intrusions

radioactive

materials. These

coatings

must be resistant to

long-term

2195

(service life) cumulative

radiation

exposure (ASTM D4082-02),

incorporated

2196

reference

in Section 223.120,

relatively

easy

to decontaminate,

and resistant

2197

various chemicals to

which

the coatings

are likely to be

exposed

(ASTM

D3912-

2198

95,

incorporated

reference

in Section

223.120).

2199

2200

“Post-Consumer

Coating”

means a finished

coating

that would have been

2201

disposed

of in a landfill,

having completed

its usefulness

consumer,

and does

2202

not

include manufacturing

wastes.

2203

2204

“Pre-Treatment

Wash Primer” means

a primer that

contains a minimum

of 0.5

2205

acid,

weight, when

tested in accordance

with

ASTM D1613-03,

incorporated

2206

reference into

Section 223.120,

or an equivalent

method approved

the

2207

CARB that

is labeled and

formulated for application

directly

to bare metal

2208

surfaces

to provide corrosion

resistance

and

to promote adhesion

of subsequent

2209

topcoats.

2210

2211

“Primer” means,

for purposes

of this

Subpart, a coating labeled

and

formulated

for

2212

application

to a substrate

to provide a firm

bind

between

the substrate and

2213

subsequent

coats.

2214

2215

“Quick-Dry

Enamel”

means

a non-flat

coating that is labeled

as specified in

2216

Section

223.320(h)

and that

formulated

to have the following

characteristics:

2217

2218

Is capable

of being applied

directly

from the container under

normal

2219

conditions

with

ambient

temperatures

between

16 and

27°C (60 and

2220

80°F); and

2221

2222

When tested in accordance

with ASTM

D1640-03,

incorporated by

2223

reference

in Section

223.120,

or an equivalent method

approved

by the

2224

CARB, sets

to touch in two

hours or less, is tack

free in four hours

or less,

2225

and dries hard

in eight hours or

less

by the

mechanical test method;

and

2226

2227

Has

a dried

film gloss

of 70 or above on a

60-degree meter.

JCAR350223-08

17301r01

2228

2229

“Quick-Dry

Primer Sealer

and Undercoater”

means a “Primer”,

“Sealer”,

2230

“Undercoater”

that

is dry to the touch in

30 minutes

and

can be recoated

in two hours

2231

when

tested in accordance

with

ASTM

D1640-03, incorporated

by reference

in Section

2232

223.120, or an equivalent

method

approved by the

CARB.

2233

2234

“Recycled

Coating” means an architectural

coating

formulated

such that not less

than

2235

percent of the

total weight

consists of secondary

and post-consumer

coating,

with not

less

2236

than 10 percent

of the total weight

consisting

of post-consumer

coating.

2237

2238

“Residence”

means areas where

people reside

or lodge,

including,

but not limited

to,

2239

single

and

multiple

family

dwellings, condominiums,

mobile homes,

apartment

2240

complexes,

motels, and hotels.

2241

2242

“Roof Coating”

means a nonbituminous

coating

labeled and

formulated exclusively

for

2243

application to

roofs for the

primary purpose

of preventing penetration

of the

substrate

2244

water or reflecting

heat and ultraviolet

radiation.

Metallic

pigmented roof coatings

that

2245

qualify

metallic

pigmented

coatings shall

not be considered

in this

category,

but

shall

2246

be considered

to be in the metallic

pigmented

coatings

category.

2247

2248

“Rust

Preventive

Coating”

means a coating

formulated exclusively

for

nonindustrial

use

2249

to prevent

the corrosion of

metal surfaces

and labeled

as specified in Section

223.320(f).

2250

2251

“Sanding Sealer” means,

for purposes

of this Subpart,

a clear

or semi-transparent

wood

2252

coating

labeled and

formulated for application

bare wood to seal

the wood and to

2253

provide a coat that

can be abraded

to create a

smooth surface for subsequent

applications

2254

of coatings. A

“Sanding Sealer” that

also meets the

definition

of a “Lacquer” is

not

2255

included in this category,

but it

is included in

the “Lacquer” category.

2256

2257

“Sealer” means, for

purposes

this Subpart, a

coating labeled and

formulated

for

2258

application to

substrate

for one or

of the following

purposes:

to prevent

2259

subsequent coatings

from being absorbed

by the

substrate, or to prevent

harm to

2260

subsequent

coatings

by materials in

the substrate.

2261

2262

“Secondary

Coating (Rework)”

means

a fragment

of a finished coating

or a finished

2263

coating from a manufacturing

process

that has converted

resources

into a commodity

2264

real

economic value,

but does not include

excess

virgin resources

of the manufacturing

2265

process.

2266

2267

“Shellac”

means a

clear or opaque

coating

formulated

solely

with the resinous

secretions

2268

of the

lac

beetle

(Laciffer lacca),

thinned with

alcohol, and formulated

to dry

2269

evaporation

without a chemical

reaction.

2270

JCAR350223-08

17301r01

2271

“Shop Application”

means

the

application of a coating

to a product

or a component of

2272

product in or

on the premises of

factory

or a shop

as part of a manufacturing,

2273

production

or repairing process

(e.g., original equipment

manufacturing

coatings).

2274

2275

“Solicit”

means to require

for use or to specify

written or

oral contract.

2276

2277

“Specialty

Primer, Sealer,

and Undercoater”

means a coating

labeled as specified

2278

Section

223.320(g)

and that is formulated

for application

to a substrate to seal

fire,

2279

smoke,

or water damage;

condition

excessively chalky

surfaces;

to seal

2280

efflorescence; or to

block stains. An excessively

chalky

surface is one that

is defined

2281

having

a chalk rating of

four

or less

as determined

ASTM

D4214-98,

incorporated

2282

reference in Section

223.120, or an equivalent

method

approved by the CARB.

2283

2284

“Stain” means

clear,

semitransparent,

or opaque

coating

labeled and formulated

2285

change

the color of a surface,

but not

conceal the grain pattern

or texture.

2286

2287

“Stone

Consolidant” means

a coating

that is labeled and formulated

for

application to

2288

stone substrates to

repair historical structures

that have

been damaged by weathering

2289

other

decay mechanisms.

“Stone Consolidants”

must penetrate

into

stone

substrates to

2290

create bonds between

particles and

consolidate deteriorated

material. “Stone

2291

Consolidants”

must be specified and

used in

accordance

with ASTM E2

167-01,

2292

incorporated

reference

in Section

223.120. “Stone

Consolidants”

are for professional

2293

use only

and must

be labeled

as such, in accordance

with the

labeling

requirements

2294

Section 223.320.

2295

2296

“Swimming

Pool

Coating”

means a coating labeled

and

formulated

to coat the interior

2297

swimming

pools and to resist

swilmning

pool chemicals.

2298

2299

“Swimming

Pool Repair and

Maintenance

Coating” means a rubber-based

coating

2300

labeled

and

formulated

to be used over existing

rubber-based

coatings for the repair

and

2301

maintenance

of swimming

pools.

2302

2303

“Temperature-Indicator

Safety

Coating” means

a coating labeled

and formulated as

2304

color-changing

indicator coating

for the purpose

of monitoring the

temperature

and safety

2305

of the

substrate,

underlying

piping, or underlying

equipment, and

for application to

2306

substrates

exposed continuously

or intermittently

to temperatures

above

204°C

(400°F).

2307

2308

“Thermoplastic

Rubber

Coating and Mastics”

means a

coating

or mastic formulated

and

2309

recommended

for application

to roofing

or other structural

surfaces and that

incorporates

2310

less than 40 percent

weight

thermoplastic

rubbers

in the total resin solids

and

2311

may also contain other

ingredients, including,

but not

limited to, fillers, pigments

and

2312

modifying

resins.

2313

JCAR350223-08

17301r01

2314

“Tint Base”

means an architectural

coating to

which colorant

is added after packaging

2315

sale units to produce

a desired

color.

2316

2317

“Traffic

Marking Coating”

means

a coating

labeled and

formulated for marking

and

2318

striping

streets, highways,

or other

traffic

surfaces, including,

but not limited

to, curbs,

2319

berets,

driveways,

parking lots, sidewalks,

and airport

runways.

2320

2321

“Undercoater” means

a coating

labeled and formulated

to provide

a smooth surface

for

2322

subsequent

coatings.

2323

2324

“Varnish” means

a clear or semitransparent

wood

coating,

excluding

lacquers and

2325

shellacs, formulated

dry

by chemical

reaction

on exposure to air.

Varnishes

may

2326

contain

small

amounts of pigment to

color a surface,

or to

control

the final sheen or

gloss

2327

of the finish.

2328

2329

“VOC Content” shall

have the

same meaning as

“VOM Content.”

2330

2331

“VOM Content” means

the weight

of VOM per volume

of coating,

calculated

according

2332

to the

procedures

specified in Section

223.340(a).

2333

2334

“Waterproofing

Concrete/Masonry

Sealers” means

clear or pigmented

scalers that

are

2335

formulated

for sealing concrete

and masonry

to provide

resistance

against water,

alkalis,

2336

acids,

ultraviolet light, or staining.

2337

2338

“Waterproofing

Sealer” means

a coating

labeled

and

formulated for application

to a

2339

porous

substrate for the

primary

purpose

of preventing

the penetration

of water.

2340

2341

“Wood

Preservative” means

a coating

labeled and

formulated to protect

exposed

wood

2342

from

decay or insect attack

that is registered

with

USEPA

under the Federal

Insecticide,

2343

Fungicide,

and Rodenticide

Act

(7 USC

136 et seq.).

2344

2345

Section 223.310

Standards

2346

2347

VOM

Content Limits:

Except as

provided in subsection

(c),

person shall

2348

manufacture, blend,

or repackage

for sale within

Illinois, supply, sell,

offer for

2349

sale

within

Illinois,

or solicit for application

or apply

within

Illinois,

any

2350

architectural coating

manufactured

on or

after

January 1, 2009 that

contains

2351

VOM content in

excess of the

corresponding limit

specified below:

2352

VOM

Content Limit

Grams/Liter

Coating Category

(Pounds/Gallon)

Flat Coatings

100

(0.8)

JCAR350223-08

17301r01

Non-Flat Coatings

150

(1.3)

Non-Flat High-Gloss

Coatings

250

(2.1)

Specialty

Coatings

Antenna

Coatings

530

(4.4)

Antifouling

Coatings

400

(3.3)

Bituminous

Roof

Coatings

300

(2.5)

Bituminous

Roof

Primers

350

(2.9)

Bond

Breakers

350

(2.9)

Calcamine

Recoaters

475

(4.0)

10)

Clear

Wood

Coatings

2353

Clear Brushing

Lacquers

680

(5.7)

Lacquers

(including

lacquer

sanding

sealers)

550

(4.6)

Sanding Sealers

(other than

lacquer

sanding sealers)

350

(2.9)

Varnishes

350

(2.9)

2354

11)

Concrete

Curing Compounds

350

(2.9)

Concrete

Surface Retarder

780

(6.5)

2355

12)

Conversion

Varnish

725

(6.0)

13)

Dry

Fog

Coatings

400

(3.3)

14)

Faux Finishing

Coatings

350

(2.9)

15)

Fire-Resistive

Coatings

350

(2.9)

JCAR350223-08

17301r01

16)

Fire-Retardant

Coatings

2356

Clear

650

(5.4)

Opaque

350

(2.9)

2357

17)

Floor

Coatings

250

(2.1)

18)

Flow Coatings

420

(3.5)

19)

Form-Release

Compounds

250

(2.1)

20)

Graphic Arts Coatings

(Sign Paints)

500

(4.2)

21)

High-Temperature Coatings

420

(3.5)

22)

Impacted Immersion Coating

780

(6.5)

23)

Industrial Maintenance

Coatings

340

(2.8)

24)

Low-Solids

Coatings

120

(1.0)

25)

Magnesite Cement

Coatings

450

(3.8)

26)

Mastic

Texture Coatings

300

(2.5)

27)

Metallic Pigmented Coatings

500

(4.2)

28)

Multi-Color Coatings

250

(2.1)

29)

Nuclear

Coating

450

(3.8)

30)

Pre-Treatment

Wash Primers

420

(3.5)

31)

Primers,

Sealers, and Undercoaters

200

(1.7)

32)

Quick-Dry Enamels

250

(2.1)

33)

Quick-Dry Primers,

Scalers and Undercoaters

200

(1.7)

34)

Recycled

Coatings

250

(2.1)

35)

Roof Coatings

250

(2.1)

JCAR350223-08

17301r01

36)

Rust

Preventive

Coatings

400

(3.3)

37)

Shellacs

2358

Clear

730

(6.1)

Opaque

550

(4.6)

2359

38)

Specialty

Primers,

Sealers,

and Undercoaters

350

(2.9)

39)

Stains

250

(2.1)

40)

Stone

Consolidants

450

(3.8)

41)

Swimming

Pool

Coatings

340

(2.8)

42)

Swimming

Pool Repair

and Maintenance

Coatings

340

(2.8)

43)

Temperature-Indicator

Safety Coatings

550

(4.6)

44)

Thermoplastic Rubber

Coatings

and Mastics

550

(4.6)

45)

Traffic

Marking

Coatings

150

(1.3)

46)

Waterproofing

Concrete/Masonry

Sealers

400

(3.3)

47)

Waterproofing

Sealers

250

(2.1)

48)

Wood Preservatives

350

(2.9)

2360

2361

BOARD

NOTE:

Conversion

factor:

one pound VOM

per gallon

(U.S.)

= 119.95

2362

grams

per liter.

2363

2364

Limits are

expressed in grams

of VOM

per liter

coating

thinned to the

2365

manufacturer’s

maximum

recommendation,

excluding

the volume

any water,

2366

exempt

compounds, or colorant

added

to tint bases.

“Manufacturers maximum

2367

recommendation”

means

the maximum

recommendation

for thinning

that is

2368

indicated

on the label

or lid of the coating

container.

2369

2370

Most

Restrictive

VOM Limit.

If anywhere on the

container of any

architectural

2371

coating, or

any label or sticker affixed

to the container,

any sales,

2372

advertising, or technical

literature

supplied

by a manufacturer

or anyone acting

JCAR350223-081

7301r01

2373

the

manufacturer’s

behalf, any representation

is made that

indicates that the

2374

coating

meets the definition

of or is recommended

for use

for more than

one

2375

the coating categories

listed in subsection

(a), then the

most restrictive

VOM

2376

content

limit

shall

apply. This provision

does not

apply to the coating categories

2377

specified in

subsections (c)(1) through

(c)(21):

2378

2379

Lacquer

coatings

(including lacquer sanding

sealers);

2380

2381

Metallic

pigmented

coatings;

2382

2383

Shellacs;

2384

2385

Fire-retardant

coatings;

2386

2387

Pretreatment

wash

primers;

2388

2389

Industrial

maintenance

coatings;

2390

2391

Low-solids

coatings;

2392

2393

Wood preservatives;

2394

2395

High-temperature

coatings;

2396

2397

10)

Temperature-indicator

safety coatings;

2398

2399

11)

Antenna

coatings;

2400

2401

12)

Antifouling

coatings;

2402

2403

13)

Flow coatings;

2404

2405

14)

Bituminous

roof primers;

2406

2407

15)

Specialty

primers, sealers,

and undercoaters;

2408

2409

16)

Conversion

varnish;

2410

2411

17)

Calcimine

recoaters;

2412

2413

18)

Impacted immersion

coatings;

2414

2415

19)

Nuclear coatings;

JCAR350223-0817301r01

2416

2417

20)

Thermoplastic rubber

coating and mastics;

2418

2419

21)

Concrete surface retarder.

2420

2421

Painting Practices. All architectural

coating containers

used to

apply their

2422

contents to a surface directly

from the container by pouring, siphoning, brushing,

2423

rolling, padding, ragging, or other

means shall be closed when not in use. These

2424

architectural coatings

containers include, but are not limited

to, drums, buckets,

2425

cans, pails, trays, or other application

containers. Containers of any VOM

2426

containing

materials used for thinning and cleanup shall

also be closed when not

2427

in use.

2428

2429

Thinning. No person who applies

or solicits the application of any architectural

2430

coating shall apply a

coating that is thinned to exceed the applicable

VOM limit

2431

specified in subsection (a).

2432

2433

Rust Preventive Coatings.

No person shall apply or solicit the application

of any

2434

rust

preventive

coating for industrial use unless the rust

preventive coating

2435

complies with the industrial

maintenance coating VOM limit specified in

2436

subsection (a). If the coating

is also regulated under another Part, the more

2437

restrictive limit shall apply.

2438

2439

Coatings

Not Listed

in Subsection (a). For any coating that does

not meet any

2440

the definitions for the

specialty coatings categories listed in subsection (a),

the

2441

VOM content limit shall be determined

by classifying the coating as a flat

2442

coating, a non-flat

coating, or a non-flat high-gloss coating, based

on its gloss, as

2443

defined in Section 223.3

07,

and the

corresponding flat or non-flat coating limit

2444

shall apply.

2445

2446

Section

223.320 Container Labeling

Requirements

2447

2448

Each

manufacturer of any architectural coatings

subject to this Subpart shall display the

2449

information listed

in subsections

(a) through

(j)

on the coating container

in which the coating is

2450

sold or

distributed (or on its label).

2451

2452

Date-code. The date the

coating was manufactured, or a date-code representing

2453

the date, shall be indicated

the label,

lid or bottom of the container. If the

2454

manufacturer uses a date-code for any coating, the

manufacturer shall file an

2455

explanation

each code

with the Agency upon request.

2456

2457

Thinning Recommendations. A statement

of the manufacturer’s recommendation

2458

regarding

thinning of the coating shall be indicated

on the label or lid of the

JCAR350223-08

17301r01

2459

container.

This requirement

does not

apply to the thinning

architectural

2460

coatings

with water. If

thinning

of the

coating

prior

to use is not necessary,

the

2461

recommendation

must

specify

that

the coating is to be

applied

without

thinning.

2462

2463

VOM or VOC Content.

Each container

of any

coating subject

to this Subpart

2464

shall display either

the

maximum

or the actual

VOM content of

the coating,

2465

supplied, or

the actual VOM

content including

the

maximum

thinning as

2466

recommended

by the manufacturer.

VOM

content shall be

displayed in grams

2467

VOM per

liter of coating.

VOM content

displayed shall be

calculated

using

2468

product formulation

data,

or shall be determined

using

the test methods in

Section

2469

223.340(b).

The equations

in Section 223.340(a)

shall be used

to calculate

VOM

2470

content. In

each of the above

cases, the term

“VOC

content”

shall have the

same

2471

meaning as

“VOM content”.

2472

2473

Industrial Maintenance

Coatings. In addition

to the information

specified

2474

subsections (a),

(b), and (c),

each

manufacturer

of any industrial

maintenance

2475

coating subject

to this Subpart

shall display

on the label or

the lid of the

container

2476

which the coating

is sold

or distributed

one or more

of the following

2477

descriptions:

2478

2479

“For

industrial use

only”;

2480

2481

“For professional

use only”;

2482

2483

“Not for

residential use”

or “Not intended

for residential

use”.

2484

2485

Clear Brushing

Lacquers.

The

labels of all

clear brushing lacquers

shall

2486

prominently display

the statements

“For brush

application

only” and “This

2487

product must not

be thinned

or sprayed”.

2488

2489

Rust

Preventive

Coatings. The

labels of all rust preventive

coatings

shall

2490

prominently display

the

statement

“For

Metal

Substrates Only”.

2491

2492

Specialty Primers, Sealers,

and Undercoaters.

The labels of all specialty

primers,

2493

sealers,

and undercoaters

shall prominently

display

one

or more

of the following

2494

descriptions:

2495

2496

“For blocking

stains”;

2497

2498

“For

fire-damaged

substrates”;

2499

2500

“For

smoke-damaged

substrates”;

2501

JCAR350223-08

1 7301r01

2502

“For

water-damaged

substrates”;

2503

2504

“For

excessively

chalky substrates”.

2505

2506

Quick-Dry

Enamels.

The labels of all

quick

dry enamels

shall prominently

2507

display the words “Quick

Dry” and

the dry hard time.

2508

2509

Non-Flat High-Gloss

Coatings.

The labels

all non-flat high-gloss

coatings

2510

shall prominently

display

the

words “High Gloss.”

251

2512

Stone Consolidants.

Effective

January 1, 2010,

the labels of all

stone

consolidants

2513

shall prominently

display the statement

“Stone

Consolidant — For Professional

2514

Use Only”.

2515

2516

Section 223.330 Reporting

Requirements

2517

2518

Clear Brushing

Lacquers.

Within

90 days after written

request

by the Agency,

2519

each

manufacturer

of clear brushing

lacquers

shall report the following

2520

information for

products

sold

in Illinois:

2521

2522

The

number of gallons

of clear brushing

lacquers sold in

the State

during

2523

the

preceding

calendar

year; and

2524

2525

The method used

by the manufacturer

to calculate

State sales.

2526

2527

Rust

Preventive

Coatings. Within

days

after written

request by the agency,

2528

each manufacturer

rust preventive

coatings shall report

the following

2529

information

for

products sold in Illinois:

2530

2531

The number

of gallons of rust

preventive

coatings

sold in the State

during

2532

the preceding

calendar

year;

and

2533

2534

The

method

used

the manufacturer

to calculate

State sales.

2535

2536

Specialty

Primers,

Sealers,

and Undercoaters.

With 90

days after written

request

2537

the Agency, each

manufacturer of

specialty primers,

sealers, and

undercoaters

2538

shall report the following

information

for products sold

in Illinois:

2539

2540

The number

of gallons of

specialty primers,

sealers, and undercoaters

sold

2541

in the State

during

the

preceding calendar

year;

and

2542

2543

The

method used by

the manufacturer

to calculate State

sales.

2544

JCAR350223-08

17301r01

2545

Toxic

Exempt

Compounds.

For each architectural

coating

that contains

2546

perchioroethylene

methylene chloride,

within

days

after written request

2547

the

Agency,

the manufacturer

shall

report the following

information

for products

2548

sold

in Illinois:

2549

2550

The product

brand name

and a copy

of the product label

with legible usage

255

instructions;

2552

2553

The

product