ILLINOIS
REGISTER
POLLUTION CONTROL BOARD
NOTICE
OF PROPOSED RULES
223.370
New
4)
Statutory
Authority: Sections 27 and 28 of the Illinois Environmental Protection
Act.
[415 ILCS
5/27
and 28]
5)
A
Complete Description
of
the
Subjects
and Issues Involved: These regulations are
proposed
in order
to
attain the new
USEPA ozone NAAQS by 2010 and to protect the
health of Illinois citizens. The regulations seek
to
reduce
volatile organic material
emissions
(“VOM”)
from various consumer products, architectural and industrial
maintenance products. If adopted, the
rule will take effect on January 1, 2009. These
products represent significant, yet widely diffuse, sources of VOM and are comprised
of
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 in Illinois.
6)
Published studies
or
reports,
and sources of
underlying
data, used to compose this
rulemaking: The regulatory proposal included the Illinois EPA’s
Technical
Support
Document that relied on several published
studies and reports. Copies of the documents
the
Illinois EPA relied
upon
are available
for review with the Pollution Control Board.
7)
Will this proposed rule replace an emergency rule currently
in effect? No.
8)
Does this rulemaking contain an automatic
repeal
date? No.
9)
Does this
proposed
rule contain incorporations by reference? Yes.
10)
Are there any other proposed amendments pending on this Part?
No.
11)
Statement of Statewide Policy Objective: This
proposed rule does not create or enlarge
a
State mandate, as defined in Section
3(b)
of the
State Mandates Act. [30 ILCS 805/3(b)
(2002)].
ILLiNOIS REGISTER
POLLUTION
CONTROL BOARD
NOTICE OF PROPOSED RULES
12)
Time,
Place, and Manner in
which
interested
persons may comment
on this
proposed
rulemaking: The Board will
accept
written public
comment on this
proposal for 45
days
after
the date of publication in
the
Illinois Register. Comments should reference Docket
R09-08
and be addressed to:
Clerk’s Office
Illinois Pollution Control Board
100 W.
Randolph
St., Suite 11-500
Chicago, IL 60601
Interested persons may request copies of
the
Board’s opinion
and
order
by
calling
the
Clerk’s office at 312-814-3620, or download from the Board’s Web site at
www.ipcb.state.il.us.
For more information contact Tim Fox at 312/814-6085 or email at
foxtipcb.state.il.us.
13)
Initial
Regulatory
Flexibility
Analysis:
A)
Types of small businesses, small municipalities and not for profit corporations
affected:
This proposed
regulation will have a modest impact on small
businesses throughout the State.
B)
Reporting, Bookkeeping or other procedures required for compliance: No new
forms of recordkeeping are projected
to be needed.
Although
a
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 in other states.
C)
Types
of
professional
skills necessary for compliance: Traditional accounting
skills and recordkeeping skills
will suffice. No new professional skills will be
necessary.
14)
Regulatory Agenda on which this
rulemaking
was summarized: July 2007
The full
text of the
Proposed Rule(s) begins
on the next
page:
ILLINOIS REGISTER
POLLUTION
CONTROL
BOARD
NOTICE OF
PROPOSED RULES
TITLE
35:
ENVIRONMENTAL
PROTECTION
SUBTITLE
B: AIR
POLLUTION
CHAPTER
I: POLLUTION
CONTROL BOARD
SUBCHAPTER
PART 223
STANDARDS
AND LIMITATIONS
FOR ORGANIC
MATERIAL EMISSIONS
FOR AREA
SOURCES
SUBPART
A: GENERAL
PROVISIONS
Section
223.100
Severability
223.105
Abbreviations and
Acronyms
223.120
Incorporations
by
Reference
SUBPART
B: CONSUMER
AND COMMERCIAL
PRODUCTS
Section
223
.200
Purpose
223.201
Applicability
223
.203
Definitions
for Subpart B
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
Control
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 Cleaner,
Electrical Cleaner,
Energized Electrical
Cleaner,
and Contact
Adhesives
223.270
Reporting
Requirements
223.275
Special Recordkeeping
Requirements
for Consumer
Products that
Contain
Perchloroethylene
or Methylene
Chloride
ILLINOIS REGISTER
POLLUTION
CONTROL BOARD
NOTICE OF PROPOSED RULES
223 .280
Calculating
Illinois Sales
223 .285
Test Methods
SUBPART C:
ARCHITECTURAL
AND INDUSTRIAL MAINTENANCE COATINGS
Section
223.300
Purpose
223.305
Applicability
223.307
Definitions for Subpart C
223.310
Standards
223.320
Container Labeling Requirements
223.330
Reporting Requirements
223.340
Compliance Provisions and Test Methods
223.3 50
Alternative Test Methods
223.360
Methacrylate Traffic Coating
Markings
223.3 70
Test Methods
AUTHORITY: Implementing Section 10 [415 ILCS
5/10] and authorized by Sections 27 and 28
of the
Environmental
Protection Act [415 ILCS 5/27 and 28].
SOURCE: Adopted 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 5/1 et seq.]
Agency
Illinois
Environmental Protection Agency
ASTM
American Society for Testing
and Materials
BAAQMD
Bay
Area
Air
Quality Management District
ILLINOIS
REGISTER
POLLUTION
CONTROL BOARD
NOTICE
OF PROPOSED
RULES
CARB
°C
CFCs
CO
2
°F
FDA
FIFRA
FRP
HVOM
HCFCs
HFCs
LVP-VOM
MVOM
N
2
N
2
O
OER
PCBTF
ROC
ROG
SCAQMD
USEPA
VOM
Section
223.120
California Air
Resources Board
Degrees
Celsius
Chiorofluorocarbons
Carbon Dioxide
Degrees Fahrenheit
United States
Food and Drng Administration
Federal
Insecticide, Fungicide,
and Rodenticide Act,
7 U.S.C.
§l36
through
l36y
Fiberglass
reinforced
plastic
High
Volatility Organic Material
Hydrochiorofluorocarbons
Hydrofluorocarbons
Low
Vapor
Pressure
— Volatile Organic Material
Medium
Volatility Organic
Material
Nitrogen
Nitrous Oxide
Original
Equipment Manufacturer
Parachlorobenzotrifluoride
Reactive Organic
Compound
Reactive
Organic
Gas
South Coast Air
Quality Management
District
United States Environmental
Protection Agency
Volatile
Organic
Material
Incorporations
by
Reference
The following
materials are
incorporated
by
reference.
These
incorporations do not
include any
later amendments
or editions.
a)
40 CFR
59, Subpart D, Appendix
A, Detennination
of Volatile
Matter Content of
Methacrylate
Multicomponent
Coatings
Used as Traffic Marking
Coatings, 64
Fed. Reg. 35002 (June
30, 1999).
b)
40 CFR 59,
Subpart C, National
Volatile Organic Compound
Emission Standards
for
Consumer Products,
69 Fed.
Reg. 18803 (April
4, 2004).
c)
40 CFR
60, Appendix A, Method
24, Determination
of
Volatile Matter
Content,
Water
Content,
Density, Volume
Solids, and
Weight Solids of Surface
Coatings,
36 Fed.
Reg.
24877
(December
23, 1971).
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED RULES
d)
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
(January 21, 2003)
e)
29 CFR
1910.1200(d)(4), Hazard Communication, 61 Fed. Reg. 9245 (March
7,
1996).
f)
ASTM International, 100 Barr Harbor Drive, P0 Box C700, West Conshohocken,
PA, 19428-2959.
1)
ASTM El 19-05a, Standard Test Methods for
Fire
Tests of Building
Construction
and
Materials, approved
November 1, 2005.
2)
ASTM Designation D523-89 (1999) Standard Test
Method
for
Specular
Gloss,
approved
May
10,
1999.
3)
ASTM D1640-03, Standard Test Methods for Drying, Curing, or Film
Formation of Organic
Coatings at Room Temperature, approved
December 1, 2003.
4)
ASTM Method D3912-95 (2001) Test Method for Chemical
Resistance of
Coating
Used
in Light-Water
Nuclear Power Plants, reapproved 2001.
5)
ASTM Method D4082-02,
Test
Method for
Effects of Radiation on
Coatings Used in Light-Water Nuclear Power Plants, approved 2002.
6)
ASTM Designation
D4214-98,
Standard Test Methods for Evaluating the
Degree of Chalking of Exterior
Paint Films, approved August 10, 1998.
7)
ASTM D1613-03, Standard Test Method for Acidity in Volatile Solvents
and
Chemical Intermediates
Used in Paint, Varnish, Lacquer, and Related
Products, approved
October 1, 2003.
8)
ASTM E84-07, Standard Test Method for Surface Burning
Characteristics
of Building Materials, approved 2007.
9)
ASTM D4359-90 (2006) Standard
Test Method for Determining Whether
a Material is a Liquid or a Solid, reapproved 2006.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED RULES
10)
ASTM E260-96 (2006) Standard Practice for Packed Column Gas
Chromatography, reapproved 2006.
11)
ASTM
E2167-01,
“Standard Guide for Selection and Use of Stone
Consolidants”
(see section
4,
Stone Consolidant),
approved
2001.
12)
ASTM
C836-06,
Specification for High Solids Content, Cold Liquid-
Applied Elastomeric Waterproofing Membrane for Use with Separate
Wearing Course, approved 2006.
13)
ASTM D86-07b, Standard Test Method for Distillation of Petroleum
Products
at
Atmospheric Pressure, approved 2007.
g)
South Coast Air Quality Management District, 21865 Copley Dr., Diamond
Bar
CA
91765.
1)
South Coast Air Quality Management District (SCAQMD) Method
304-
91, Determination of Volatile Organic Compounds
in
Various
Materials,
revised February 1996.
2)
SCAQMD Method 303-91, Determination of Exempt Compounds, revised
February 1993.
3)
SCAQMD Method 318-95, Determination of Weight Percent Elemental
Metal in Coatings by X-Ray Diffraction, approved July 1996.
h)
Bay Area Air Quality Management, District Office, 939 Ellis Street, San
Francisco, CA 94109
1)
Bay Area Air Quality Management District (BAAQMD) Method 43,
Determination
of
Volatile
Methylsiloxanes in Solvent-Based Coatings,
Inks, and Related Materials, proposed
amendment February
4,
2004.
2)
BAAQMD Method 41, Determination of Volatile Organic Compounds
in
Solvent-Based Coatings and Related Materials Containing
Parachlorobenzotrifluoride,
proposed amendment February 4, 2004.
i)
California Air Resources Board (CARB) Method 310, Determination of Volatile
Organic Compounds in Consumer Products
and Reactive
Organic
Compounds in
Aerosol Coating
Products, amended May 5, 2005. California Air Resources
ILLINOIS
REGISTER
POLLUTION CONTROL
BOARD
NOTICE
OF PROPOSED RULES
Board, 1001 I
Street, P.O. Box
2815, Sacramento, CA 95812.
j)
SCAQMD
Rule 1174, Ignition
Method Compliance Certification Protocol
(adopted
October
5,
1990).
k)
Cal.
Admin. Code title 17
§
94509(h), Standards for Consumer Products (2005).
1)
California Code, Health and Safety Code,
§
41712(h)(2) (2005).
m)
Cal.
Admin. Code title 17, Article 4, Alternate
Control Plan
§
94540-94555,
(1996).
n)
Cal. Admin. Code title 17
§
94511, Innovative Products (1997).
o)
Cal. Admin. Code
title 17
§
94503.5,
Innovative Products (1996).
p)
7
USC 136 to l36y, FIFRA, Environmental Pesticide
Control, published January
19,
2004,
in
Supplement III of
the
2000
Edition of the United States Code.
q)
Federal Specification MMM-A- 181 D, Adhesives, Phenol, Resorcinol, or
Melamine Base (1980).
SUBPART B: CONSUMER AND COMMERCIAL PRODUCTS
Section 223.200
Purpose
The
purpose of this Subpart is to limit emissions of volatile organic materials (VOMs)
by
requiring reductions in the
VOM content
of consumer and commercial products.
Section 223.201
Applicability
Except as provided in Section
223
.230,
below,
this Subpart shall apply to any person who sells,
supplies, offers for
sale, or manufactures consumer
products on or afier January 1, 2009, for use
in Illinois.
Section 223.203 Defmitions for Subpart B
The
definitions contained in this Section apply only to the provisions
of this Subpart. Unless
otherwise defined
herein, the definitions
of terms used in this Subpart shall have the meanings
specified
for those terms in 35 Ill. Adm. Code Part 211.
ILLiNOIS REGISTER
POLLUTION
CONTROL BOARD
NOTICE OF PROPOSED RULES
“Adhesive” means for
purposes of this Subpart, any product that is used to bond one
surface
to another
by
attachment.
This does not include products used on humans and
animals, adhesive tape, contact
paper, wallpaper, shelf liners, or any other product with
an adhesive incorporated onto
or in an inert substrate. For “Contact Adhesive,” adhesive
does
not include units of product,
less packaging, which consist of more than one gallon.
For “Construction, Panel, and Floor Covering Adhesive,”
and “General Purpose
Adhesive,” “Adhesive” does not include units of product, less packaging, which
weigh
more than one pound and
consist of more than 16 fluid ounces. This limitation does
not
apply to aerosol adhesives.
“Adhesive Remover” means a product designed
to remove adhesives from either a
specific substrate
or a variety of substrates. “Adhesive Remover” does not include
products that remove adhesives intended exclusively
for use on humans or animals.
For the
purpose of this definition and “Adhesive Remover” subcategories
below,
the term “Adhesive” shall mean a substance
used to bond
one or more
materials.
Adhesive includes, but is not limited
to caulks, sealants, glues, or similar
substances used for
the purpose of forming a bond.
“Floor and Wall Covering Adhesive Remover” means
a
product
designed or
labeled to remove floor or wall coverings
and associated adhesive from the
underlying
substrate.
“Gasket or Thread Locking
Adhesive Remover” means a product designed
or
labeled to remove gaskets or thread locking adhesives.
Products labeled for dual
use as a paint stripper and
gasket remover and/or thread locking adhesive remover
are considered “Gasket or Thread Locking
Adhesive Remover.”
“General Purpose Adhesive
Remover” means a product designed or labeled
to
remove cyanoacrylate adhesives
as
well
as non-reactive adhesives or residue
from
a variety of substrates. “General Purpose
Adhesive Remover” includes, but is
not
limited to the following: products that remove
thermoplastic adhesives, pressure
sensitive
adhesives, dextrine or starchbased adhesives, casein glues,
rubber or
latex-based adhesives,
and products that remove stickers, decals, stencils,
or
similar materials. “General Purpose
Adhesive Remover” does not include “Floor
or Wall Covering Adhesive Remover.”
“Specialty Adhesive Remover” means
a
product
designed to remove reactive
adhesives from a variety
of
substrates.
Reactive adhesives include adhesives
that
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REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED RULES
require a hardener or catalyst
in order
for the
bond
to
occur. Examples
of reactive
adhesives include,
but are
not limited
to
epoxies, urethanes,
and
silicones.
“Specialty Adhesive Remover”
does
not include “Gasket
or
Thread Locking
Adhesive Remover.”
“Aerosol adhesive” means an aerosol product in which the spray mechanism is
permanently housed in a nonreflulable can designed for hand-held application without the
need for ancillary hoses or spray equipment. This does not include “special purpose
spray
adhesives,” “mist spray
adhesives” and “web spray
adhesives.”
“Aerosol cooking spray” means any aerosol product designed either to reduce sticking on
cooking and baking surfaces or to be applied on food, or both.
“Aerosol Product” means a pressurized spray system that dispenses product ingredients
by
means of a propellant contained in
a
product or a product’s container, or
by
means
of a
mechanically
induced force.
“Aerosol Product” does not include “Pump Spray.”
“Agricultural use” means the use of any pesticide or method or device for the control
of
pests in
connection with the
commercial
production, storage, or processing of
any animal
or plant crop. This does not include the sale oruse of pesticides in properly labeled
packages or containers that are intended for home use, use in structural pest control,
industrial or institutional use. For the purposes of this definition only:
“Home use”
means
use in a household or its
immediate
environment;
“Structural pest control”
means a use
requiring
a
license
under the
Structural
Pest
Control Act, 225 ILCS 235;
“Industrial
use” means use for or in a manufacturing, mining, or chemical process
or
use
in the operation of factories, processing plants,
and similar
sites; or
“Institutional use” means use within the lines of’, or on property necessary for the
operation of, buildings such as hospitals, schools, libraries, auditoriums, and
office complexes.
“Air Freshener” means any consumer product including, but not limited
to,
sprays, wicks,
powders, and
crystals,
designed for the purpose of masking odors, or freshening,
cleaning, scenting, or deodorizing the air. “Air Freshener”
does
not include products
that
are used on
the human
body, products that function primarily as cleaning products as
ILLINOIS REGISTER
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NOTICE OF
PROPOSED RULES
indicated
on a product label,
“Toilet/Urinal
Care Products,” disinfectant products
claiming
to
deodorize
by
killing germs on surfaces,
or institutional and industrial
disinfectants when offered for sale solely through
institutional and industrial channels of
distribution.
“Air Freshener” does include spray disinfectants
and other products that are expressly
represented for use as air fresheners, except institutional and industrial disinfectants
when
offered for sale through institutional and industrial channels of distribution. To
determine whether
a product
is an air freshener,
all verbal and visual representations
regarding product use on the label or packaging and in the product’s literature
and
advertising may be considered. The presence of, and representations about, a product’s
fragrance and ability to deodorize (resulting from surface application) shall
not constitute
a claim of air
freshening.
“All Other Carbon-Containing Compounds” means all other
compounds which contain at
least one carbon atom and
are not listed under
Section 223.205(a) or are a “LVP-VOM.”
“All Other Forms” means all consumer product forms for which no
form-specific VOM
standard is specified. Unless specified otherwise
by the applicable VOM standard, “All
Other Forms” include, but are not
limited
to, solids, liquids, wicks, powders, crystals, and
cloth or paper wipes (towelettes).
“Alternative
Control
Plan or ACP” means
any emissions averaging program approved
by
the Agency pursuant to the provisions of this regulation.
“Antimicrobial Hand or Body Cleaner or Soap” means a cleaner or soap which is
designed to reduce the level of microorganisms
on the skin through germicidal activity.
This includes, but is not limited to, antimicrobial hand or body washes/cleaners,
foodhandler
hand washes,
healthcare
personnel hand washes, pre-operative skin
preparations and surgical scrubs. “Antimicrobial
Hand or Body Cleaner or Soap” does
not include prescription drug products, antiperspirants, “Astringent/Toner,”
deodorant,
“Facial Cleaner or Soap,” “General-use Hand or Body Cleaner
or Soap,” “Hand
Dishwashing Detergent” (including antimicrobial), “Heavy-duty Hand Cleaner
or Soap,”
“Medicated Astringent/Medicated
Toner,” and “Rubbing Alcohol.”
“Antiperspirant” means any product including,
but not limited to, aerosols, roll-ons,
sticks, pumps, pads, creams, and squeeze-bottles, that is intended
by
the manufacturer
to
be
used to reduce perspiration in the human axilla
by at least 20 percent in at least 50
percent of a target population.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED RULES
“Anti-Static Product” means a product that is labeled to eliminate, prevent, or inhibit the
accumulation of static electricity. “Anti-Static Product” does not include “Electronic
Cleaner,” “Floor Polish or Wax,” “Floor Coating,” and products that meet the definition
of “Aerosol Coating Product” or “Architectural Coating.”
“Appurtenance” means any accessory to a stationary structure coated at the site of
installation, whether installed or detached, including but no limited to, bathroom and
kitchen fixtures,
cabinets, concrete forms, doors,
elevators, fences, hand railings, heating
equipment, air conditioning equipment, and other fixed mechanical equipment or
stationary tools, lampposts, partitions pipes and piping systems, rain gutters and
downspouts,
stairways, fixed ladders, catwalks
and fire escapes, and
window screens.
“Architectural Coating” means for purposes of this
Subpart, a coating to be
applied
to
stationary structures or the appurtenances at the site of installation, to portable buildings
at the site of installation, to pavements, or to curbs. Coatings applied in shop applications
or to
non-stationary structures such as airplanes, ships,
boats, railcars, and automobiles,
and adhesives are not considered “Architectural Coatings” for the purposes of this rule.
“Astringent/Toner” means any product not regulated as
a
drug
by
the United States
Food
and Drug
Administration
(FDA) which is applied to the skin for the purpose of cleaning
or tightening pores. This category also includes clarifiers and substrate-impregnated
products. This category does not include any hand, face, or body cleaner or soap product,
“Medicated
Astringent/Medicated Toner,” cold cream, lotion,
or antiperspirant.
“Automotive Brake Cleaner” means a cleaning product
designed to
remove oil, grease,
brake fluid, brake pad material or dirt from motor vehicle brake mechanisms.
“Automotive Hard Paste Wax” means an automotive wax or polish which is designed
to
protect and
improve the
appearance of automotive paint surfaces, and is a solid at room
temperature, and contains
0%
water
by
formulation.
“Automotive Instant Detailer” means a product designed for
use
in
a
pump spray that
is
applied to the painted surface of automobiles and wiped off prior to the product being
allowed to dry.
“Automotive Rubbing or Polishing Compound” means
a product designed primarily to
remove oxidation, old paint, scratches or swirl marks, and other defects from the painted
surfaces of
motor vehicles without leaving
a
protective
barrier.
“Automotive Wax, Polish, Sealant, or Glaze” means
a product designed to seal out
ILLINOIS
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PROPOSED
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moisture, increase gloss, or otherwise enhance a motor vehicle’s painted surfaces.
This
includes, but is not limited to, products designed for
use
in autobody repair shops
and
drive-through car washes, as well as products designed for the general public. The
term
does not include “Automotive Rubbing or Polishing Compounds,” automotive wash
and
wax products, surfactant-containing car wash products, and products designed for
use on
unpainted surfaces such as bare metal, chrome, glass, or plastic.
“Automotive Windshield Washer
Fluid” means any liquid designed for use in a motor
vehicle windshield washer system either
as
an antifreeze or for the purpose of cleaning,
washing, or wetting the windshield. This does not include fluids placed by the
manufacturer in a new vehicle.
“Bathroom and Tile Cleaner” means a product designed
to
clean tile or
surfaces
in
bathrooms.
The term
does
not include
products designed primarily to clean toilet bowls,
toilet tanks or urinals.
“Bug and
Tar Remover” means
a
product
labeled to remove either or both of the
following from painted motor vehicle surfaces without causing damage to the finish:
biological-type residues such as insect carcasses, tree
sap
and road grime, such as road
tar, roadway paint markings, and asphalt.
“Carburetor or Fuel-Injection Air Intake Cleaners” means a product designed to remove
fuel deposits, dirt, or other contaminants from
a
carburetor, choke,
throttle body of a fuel-
injection system, or
associated linkages,
excluding products designed exclusively to be
introduced directly into the fuel lines or fuel storage tank prior to introduction into
the
carburetor or fuel injectors.
“Carpet and Upholstery
Cleaner”
means a cleaning product designed for the purpose of
eliminating dirt and stains on rugs, carpeting,
and the interior of motor vehicles and/or on
household furniture or objects upholstered or covered with fabrics such
as
wool,
cotton,
nylon or other synthetic fabrics. This includes, but is not limited to, products that
make
fabric protectant claims. The term does not include “General Purpose Cleaners,”
“Spot
Removers,”
vinyl or leather cleaners,
dry cleaning fluids, or products designed
exclusively for use at industrial facilities
engaged in furniture or carpet manufacturing.
“Charcoal Lighter Material” means any combustible material designed
to be
applied
on,
incorporated
in,
added to,
or
used with charcoal to enhance ignition. The term does not
include any of the following: electrical starters
and probes, metallic cylinders using paper
tinder,
natural
gas, propane, and fat wood.
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“Colorant”
means for purposes of this Subpart, any pigment or coloring
material used in
a consumer product
for an aesthetic effect, or to dramatize an ingredient.
“Construction,
Panel, and Floor Covering Adhesive” means any one-component
adhesive
that is designed exclusively
for the installation, remodeling, maintenance, or repair
of
structural and building
components that include, but are not limited to, beams, trusses,
studs, paneling (including,
but
not limited
to, drywall or drywall laminates, fiberglass
reinforced plastic (FRP), plywood, particle board, insulation
board, pre-decorated
hardboard
or tileboard), ceiling and acoustical tile, molding, fixtures,
countertops or
countertop laminates, cove
or
wall
bases, flooring or subflooring; or floor or wall
coverings that include, but are not limited to, wood or simulated
wood covering, carpet,
carpet pad or cushion,
vinyl-backed carpet, flexible flooring material, nonresilient
flooring material, mirror tiles and other types of tiles, and artificial
grass. The term does
not include “Floor Seam Sealer.”
“Consumer” means any person who purchases or acquires any
consumer product for
personal, family, household, or institutional
use. Persons acquiring a consumer product
for resale are not
“consumers” for that product.
“Consumer Product” means a chemically formulated product
used by household and
institutional consumers including,
but not
limited
to detergents, cleaning compounds,
polishes, floor finishes, cosmetics, personal care products; home, lawn, and garden
products, disinfectants, sanitizers, aerosol paints, and
automotive specialty products.
“Consumer Product”
does
not include
other paint products, furniture coatings, or
architectural coatings. As used in this rule, “Consumer Products”
shall also refer to
“Aerosol Adhesives,” including
“Aerosol Adhesives” used for consumer, industrial
or
commercial uses.
“Contact Adhesive” means an adhesive that is
designed for application to both surfaces
to
be bonded together, and is allowed to dry before the two surfaces
are placed in contact
with each other, and forms an immediate bond that is impossible,
or
difficult,
to
reposition after
both adhesive-coated surfaces are placed in contact with
each other, and
does
not need sustained pressure
or clamping of surfaces after the adhesive-coated
surfaces have been brought together
using sufficient momentary pressure to establish
full
contact between both surfaces. The term does
not
include
rubber cements that are
primarily intended for use on paper substrates. “Contact
Adhesive” also does not include
vulcanizing fluids that
are
designed
and labeled for tire repair only.
“Contact Adhesive - General
Purpose” means any contact adhesive
that is not a “Contact
Adhesive - Special Purpose.
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“Contact
Adhesive - Special Purpose”
means a contact adhesive that is used to bond
melamine-covered board, unprimed
metal, unsupported vinyl, Teflon, ultra-high
molecular weight polyethylene, rubber,
high pressure laminate or wood veneer 1/16 inch
or less in thickness to any porous or nonporous
surface, and is sold in units of product,
less packaging, that contain more than eight
fluid ounces, or is used in automotive
applications that are either automotive under the-
hood applications requiring heat, oil or
gasoline resistance, or body-side molding, automotive
weatherstrip or decorative trim.
“Container/Packaging” means the part or
parts of the consumer or institutional product
which serve only to contain, enclose, incorporate, deliver,
dispense, wrap or store the
chemically formulated substance or mixture of substances which is solely responsible
for
accomplishing the purposes for which the product was
designed or intended. This
includes any
article onto
or
into
which the principal display panel and other
accompanying literature or graphics are incorporated, etched, printed
or
attached.
“Crawling
Bug Insecticide”
means any insecticide product that is designed for use against
ants, cockroaches, or other household crawling arthropods, including, but
not
limited
to,
mites, silverfish or spiders, excluding products designed
to be used exclusively on
humans or animals, or any house
dust mite product. For the purposes of this definition
only:
“House dust mite product” means
a
product
whose label, packaging, or
accompanying literature
states that the product is suitable for use against house
dust mites, but does not indicate that the product is suitable
for use against ants,
cockroaches, or other household
crawling arthropods.
“House dust mite” means mites
which feed primarily on skin cells shed in the
home by humans and pets and which belong
to the
phylum
Arthropoda, the
subphylum
Chelicerata, the class Arachnida, the subclass Acari, the order
Astigmata, and the family
Pyroglyphidae.
“Date-Code” means the day, month and year on
which the consumer product was
manufactured, filled, or packaged, or a code indicating
such a date.
“Deodorant” means:
For products manufactured before January 1, 2009:
any product including, but not
limited to, aerosols, roll-ons,
sticks, pumps, pads, creams, and squeeze-bottles,
that is intended by the manufacturer to
be used to
minimize
odor in the human
axilla
by
retarding the growth
of bacteria which cause the decomposition of
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perspiration.
For
products manufactured
on or after January 1, 2009: any product including,
but
not limited to, aerosol, roll-ons,
sticks, pumps, pads, creams, and squeeze-bottles,
that indicates or depicts on the
container or packaging, or on any sticker or label
affixed thereto, that the product
can be used on or applied to the human axilla to
provide a scent and/or minimize odor. A “Deodorant
Body
Spray”
product that
indicates or depicts on the container or packaging, or on any sticker or label
affixed thereto, that it can
be used on or applied to the human axilla, is a
“Deodorant”
“Deodorant Body Spray” means
For products manufactured before January 1, 2009,
a
“Personal
Fragrance
Product” with 20 percent or less
fragrance.
For products manufactured on or after January 1, 2009,
a
“Personal
Fragrance
Product” with 20 percent or less fragrance,
that is designed for application all over
the
human
body to
provide
a scent. A “Deodorant Body Spray” product that
indicates or depicts on the container or packaging, or on any sticker or label
affixed thereto, that it can be used on or applied
to
the human
axilla, is a
“Deodorant”
“Device” means any instrument or contrivance (other than
a firearm) which is designed
for trapping,
destroying,
repelling, or mitigating any pest or any other form of plant
or
animal life (other than man and other than bacterium, virus, or another
microorganism on
or in living
man or other
living animals) but not including equipment used for the
application of pesticides when sold separately therefrom.
“Disinfectant”
means
any product intended to destroy or irreversibly inactivate infectious
or other
undesirable bacteria,
pathogenic fungi, or viruses on surfaces or inanimate
objects and whose label is registered
under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA,
7
U.S.C. 136,
et seq.).
“Disinfectant”
does not include any of
the following products designed solely for use on human
or
animals,
products designed
for
agricultural
use, products designed solely for use in swimming pools,
therapeutic
tubs, or
hot tubs, products
which, as
indicated
on the principal display panel or label,
are
designed primarily for use as bathroom
and
tile cleaners,
glass cleaners, general purpose
cleaners,
toilet bowl
cleaners, or metal polishes.
“Double
Phase Aerosol Air
Freshener” means an aerosol air freshener with
the
liquid
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contents in two or more distinct phases that require
the
product container
be
shaken
before use to mix the phases, producing an emulsion.
“Dry Cleaning Fluid” means any non-aqueous liquid product designed and labeled
exclusively for use on fabrics which are labeled “for dry clean only,” such as clothing
or
drapery, or “S-coded” fabrics. This includes, but is not limited to, those products used
by
commercial dry cleaners and commercial businesses that clean fabrics such as draperies
at the
customer’s residence
or work place. The term does not include “Spot Remover” or
“Carpet and Upholstery Cleaner.” For the purposes of this definition, “S-coded fabric”
means an upholstery fabric designed to be cleaned only with water-free spot cleaning
products
as
specified
by the
Joint
Industry Fabric Standards Committee.
“Dusting Aid” means
a
product designed
to
assist in removing
dust
and other soils
from
floors and other surfaces without leaving a wax or silicone based coating. The term does
not include “Pressurized Gas Duster”.
“Electrical Cleaner” means a product labeled to remove heavy soils such as grease,
grime, or oil from electrical equipment, including, but not limited to, electric motors,
armatures, relays, electric panels, or generators. The term
does
not include “General
Purpose
Cleaner,” “General Purpose Degreaser,”
“Dusting Aid,” “Electronic Cleaner,”
“Energized Electrical Cleaner,” “Pressurized Gas Duster,” “Engine Degreaser,” “Anti-
Static Product,” or products designed to clean the casings or housings of electrical
equipment.
“Electronic Cleaner” means a product labeled for the removal of dirt, moisture,
dust, flux
or oxides from the internal components of electronic or precision equipment such as
circuit boards, and the internal components of electronic devices, including but not
limited to, radios, compact disc (CD) players, digital video disc (DVD) players, and
computers. “Electronic Cleaner”
does not include “General Purpose Cleaner,” “General
Purpose Degreaser,” “Dusting Aid,” “Pressurized
Gas
Duster,” “Engine Degreaser,”
“Electrical Cleaner,” “Energized Electrical Cleaner,” “Anti-Static Product,” or products
designed to clean the casings or housings of electronic equipment.
“Energized Electrical Cleaner” means
a product that meets both of the following criteria:
The product is labeled to clean and/or degrease electrical equipment, where
cleaning and/or degreasing is accomplished when electrical current exists, or
when there is
a
residual electrical potential
from a component, such as a capacitor;
The product label clearly displays the statements: “Energized Equipment
use
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only.
Not
to be
used for motorized vehicle maintenance,
or their parts.”
This
does not
include “Electronic Cleaner.”
“Engine Degreaser” means a cleaning product designed to remove
grease,
grime,
oil and
other contaminants from the external surfaces of engines and other mechanical parts.
“Existing Product” means any formulation of the same product category and form sold,
supplied,
manufactured, or offered for sale in Illinois prior
to January 1, 2009,
or
any
subsequently introduced identical formulation.
“Fabric Protectant” means a product designed to be applied to fabric substrates to
protect
the surface
from soiling
from dirt and
other
impurities or to reduce absorption of liquid
into the fabric’s fibers. The term does not include waterproofers, products designed for
use
solely on leather, or products designed for use solely on fabrics which are labeled
“for dry clean only” and sold in
containers
of 10 fluid ounces or less.
“Fabric Refresher” means a product labeled to neutralize or eliminate odors on non-
laundered
fabric including,
but
not limited
to, soft
household surfaces,
rugs, carpeting,
draperies, bedding, automotive interiors, footwear, athletic equipment, clothing and/or on
household furniture or objects upholstered or covered with fabrics such as, but not limited
to,
wool, cotton, or nylon. “Fabric Refresher” does not include “Anti-static
Product,”
“Carpet and Upholstery Cleaner,” “Soft Household Surface Sanitizers,” “Footwear or
Leather Care Product,” “Spot Remover,” or “Disinfectant,” or products labeled for
application
to
both fabric
and
human skin.
For
the
purposes of
this definition
only, “Soft Household Surface Sanitizer”
means a product labeled to neutralize or eliminate odors on surfaces listed
above
whose label is registered as a sanitizer under the Federal Insecticide, Fungicide,
and
Rodenticide
Act,
(FIFRA,
7 U.S.C. 136 et seq.).
“Facial Cleaner or Soap” means a cleaner or soap designed primarily
to clean the face
including, but not limited to facial cleansing creams, semisolids, liquids, lotions, and
substrate-impregnated forms. The term does not include prescription drug products,
“Antimicrobial
Hand or Body Cleaner or Soap,” “Astringent/Toner,” “General-use Hand
or Body
Cleaner or
Soap,”
“Medicated Astringent/Medicated
Toner,” or “Rubbing
Alcohol.”
“Fat Wood” means pieces of wood kindling with high naturally-occurring
levels
of
sap or
resin which enhance ignition of
the
kindling,
excluding any kindling with substances
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added to
enhance flammability,
such as wax-covered or wax-impregnated wood-based
products.
“Faux
Finishing Coating” means
a
coating
labeled and formulated as a stain or a glaze to
create artistic
effects including,
but not
limited
to, dirt, old age, smoke damage, and
simulated marble and wood grain.
“Flea and Tick Insecticide” means any insecticide product that is designed for use against
fleas, ticks, their larvae, or their eggs. The term does not include products that are
designed
to
be used exclusively on humans
or animals and their bedding.
“Flexible Flooring Material” means asphalt, cork,
linoleum, no-wax, rubber, seamless
vinyl and vinyl composite flooring.
“Floor Coating”
means an
opaque
coating
that is labeled and formulated for application
to flooring, including, but not limited to, decks, porches, steps, and other horizontal
surfaces, which may be subjected to foot traffic.
“Floor Polish or Wax” means a wax, polish, or any other product designed to polish,
protect, or enhance floor surfaces by leaving a protective coating that is designed to
be
periodically replenished. The term does not include “Spray Buff Products,” products
designed
solely for the purpose of cleaning
floors, floor finish strippers, products
designed for unfinished wood floors, and coatings subject to architectural coatings
regulations.
“Floor Seam Sealer” means any product designed
and
labeled exclusively
for
bonding,
fusing, or sealing (coating) seams between adjoining rolls of installed flexible sheet
flooring.
“Floor Wax Stripper” means a product designed to remove natural or synthetic floor
polishes or waxes
through breakdown
of the polish or wax polymers, or by dissolving or
emulsifying
the
polish or wax. This
does not include aerosol floor wax strippers or
products designed to remove floor wax solely through
abrasion.
“Flying Bug Insecticide” means any insecticide product that is designed for
use
against
flying insects or
other
flying
arthropods,
including but not limited to flies, mosquitoes,
moths, or gnats. The term does not include
“Wasp and Hornet Insecticide,” products that
are designed to be used exclusively on humans or animals, or
any
moth-proofing product.
For the purposes of this definition only, “Moth-Proofing Product” means a
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product whose label, packaging, or
accompanying literature indicates that the
product is designed to protect fabrics
from damage by moths, but does not
indicate that the product is suitable
for use against flying insects or other flying
arthropods.
“Footwear or Leather Care Product” means any product designed or labeled
to be applied
to footwear or to other leather articles/components, to maintain, enhance, clean, protect,
or
modify
the appearance,
durability, fit, or flexibility of the footwear or leather
article/component. Footwear includes
both leather and non-leather foot apparel.
“Footwear or Leather Care Product” does not include “Fabric Protectant,” “General
Purpose Adhesive,” “Contact
Adhesive,” “Vinyl/Fabric/Leather/Polycarbonate Coating,”
“Rubber and Vinyl Protectant,” “Fabric Refresher,” products solely for deodorizing,
or
sealant products with adhesive
properties used to create external protective layers greater
than two
millimeters
thick.
“Fragrance” means
a substance or complex mixture of aroma chemicals, natural essential
oils, and other functional components with a combined vapor pressure not in excess
of
two mm of Hg at 20°C, the sole purpose of which is
to impart an
odor
or scent, or to
counteract a malodor.
“Furniture Maintenance Product” means a wax, polish, conditioner, or any other product
designed for the purpose of polishing, protecting
or enhancing finished wood surfaces
other
than floors. The
term does not include “Dusting Aids,” “Wood Cleaners” and
products designed solely for the purpose of cleaning, and products designed
to
leave
a
permanent finish such
as
stains,
sanding sealers and lacquers.
“Furniture Coating” means any
paint designed for application to room furnishings
including, but not limited to, cabinets (kitchen, bath
and
vanity), tables,
chairs, beds, and
sofas.
“Gel” means a colloid in which the disperse
phase has combined with the continuous
phase to produce a semisolid material, such
as
jelly.
“General Purpose Adhesive” means any non-aerosol adhesive designed for
use
on
a
variety of
substrates.
The term does not include contact adhesives, construction,
panel,
and
floor covering adhesives, adhesives
designed exclusively for application on one
specific category of substrates (i.e., substrates that
are composed of similar materials,
such as
different
types of metals, paper products, ceramics, plastics, rubbers, or vinyls),
or
adhesives designed exclusively for use
on
one
specific category of articles (i.e., articles
that
may be composed of different
materials but perform a specific function, such
as
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gaskets,
automotive trim, weather-stripping, or carpets).
“General Purpose Cleaner” means a product designed for general all-purpose cleaning, in
contrast
to cleaning
products
designed to clean specific substrates in certain situations.
This includes products
designed for general floor cleaning, kitchen or countertop
cleaning, and cleaners designed
to be used on a variety of hard surfaces, and does not
include “General Purpose Degreasers”
and
“Electronic
cleaners.”
“General Purpose Degreaser” means any product labeled to remove or dissolve grease,
grime, oil and other oil-based
contaminants from a variety of substrates, including
automotive or miscellaneous metallic parts. This does not include “Engine Degreaser,”
“General Purpose Cleaner,” “Adhesive
Remover,” “Electronic Cleaner,” “Electrical
Cleaner,” “Energized Electrical Cleaner,” “Metal Polish/Cleanser,” products used
exclusively in “Solvent Cleaning Tanks or Related Equipment,”
or products that are sold
exclusively
to
establishments
which manufacture or construct goods or commodities, and
labeled “not for retail sale.”
“Solvent cleaning tanks or related
equipment” includes, but is not limited to, cold
cleaners, vapor degreasers, conveyorized degreasers, film cleaning machines,
or
products designed to clean miscellaneous metallic
parts by
immersion in
a
container.
“General-use Hand or Body Cleaner or Soap” means a cleaner or soap designed
to be
used routinely on the skin to clean
or
remove typical
or common dirt and soils, including,
but not limited to, hand or body washes, dual-purpose shampoo-body cleaners, shower
or
bath gels, and moisturizing cleaners or
soaps.
The
term does not include prescription
drug products,
“Antimicrobial
Hand or Body Cleaner or Soap,” “Astringent/Toner,”
“Facial Cleaner or Soap,” “Hand Dishwashing
Detergent” (including antimicrobial),
“Heavy-duty Hand Cleaner or Soap,” “Medicated Astringent/Medicated
Toner,” or
“Rubbing Alcohol.”
“Glass Cleaner” means a cleaning
product designed primarily for cleaning surfaces made
of glass. The term does not include
products designed solely for the purpose of cleaning
optical materials used in eyeglasses, photographic equipment,
scientific equipment and
photocopying machines.
“Graffiti Remover” means a product
labeled to
remove
spray paint, ink, marker, crayon,
lipstick, nail
polish,
or shoe polish, from a variety of non-cloth or nonfabric
substrates.
The term does not include “Paint Remover
or Stripper,” “Nail Polish Remover,” or
“Spot
Remover.” Products labeled
for dual use as both a paint stripper and graffiti remover
are
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considered “Graffiti Removers.”
“Hair Mousse” means a hairstyling foam designed to facilitate styling of
a
coiffure and
provide limited holding power.
“Hair Shine” means any product designed for the primary purpose of creating a shine
when applied to the
hair. This includes,
but is not limited to, dual-use products designed
primarily to impart
a
sheen to the hair. The term
does not include “Hair spray,” “Hair
Mousse,” “Hair Styling Product,” “Hair Styling Gel,” or products whose primary
purpose
is to condition or hold the hair.
“Hair Styling Gel” means a consumer product manufactured before January 1, 2009, that
is a high viscosity, often gelatinous, product that contains
a
resin
and
is
designed for the
application to
hair
to
aid in styling
and sculpting of the hair coiffure.
“Hair spray” means:
For products manufactured before January 1, 2009, a consumer product designed
primarily for the purpose of dispensing droplets of a resin on and
into a
hair
coiffure which will impart sufficient
rigidity to the coiffure to establish or retain
the style for a period
of time,
and
For products manufactured on or after January
1,
2009,
a consumer product that is
applied to styled
hair,
and is designed or labeled to provide sufficient rigidity, to
hold, retain and/or (finish) the style of the hair for a period of time.
This includes
aerosol hair sprays,
pump hair
sprays, spray waxes; color, glitter, or sparkle
hairsprays that make finishing claims; and products that are
both a styling and
finishing product. This does not include spray products that are intended to
aid in
styling but
does
not provide finishing
of a hairstyle. For the purposes of this
Subpart, “Finish” or “Finishing” means the maintaining and/or
holding of
previously styled hair for a period of time. For the purposes of this
Subpart,
“Styling” means the forming, sculpting, or manipulating the hair
to
temporarily
alter the
hair’s
shape.
“Hair Styling Product” means a consumer
product manufactured on or after January 1,
2009, that is designed or labeled for the application to wet, damp or dry
hair to aid in
defining, shaping, lifting,
styling
and/or sculpting of the hair. This includes,
but
is not
limited to hair balm, clay, cream, creme, curl
straightener, gel, liquid, lotion, paste,
pomade, putty,
root
lifter,
serum,
spray gel, stick, temporary hair straightener, wax,
spray
products that aid in styling but do not provide finishing
of a hairstyle, and leave-in
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volumizers,
detanglers
and/or
conditioners
that make styling
claims. This does
not
include “Hair Mousse”
“Hair
Shine,”
“Hair Spray,” or
shampoos and/or conditioners
that
are rinsed from
the hair prior
to
styling.
For the
purposes of this Subpart,
“Finish” or
“Finishing”
means the maintaining
and/or holding
of previously styled
hair for a period
of time.
For the purposes of
this Subpart,
“Styling” means the
forming, sculpting, or
manipulating
the hair to
temporarily alter
the hair’s shape.
“Heavy-Duty
Hand
Cleaner or Soap”
means a product designed
to
clean or remove
difficult dirt and soils
such
as
oil,
grease, grime, tar,
shellac, putty, printer’s
ink, paint,
graphite, cement,
carbon, asphalt, or
adhesives from
the hand with or without
the use of
water. The
term
does not
include
prescription drug products,
“Antimicrobial
Hand or
Body Cleaner
or Soap,” “Astringent/Toner,”
“Facial
Cleaner or Soap,”
“General-use
Hand
or
Body Cleaner
or
Soap,”
“Medicated Astringent/Medicated
Toner”
or “Rubbing
Alcohol.”
“Herbicide”
means a pesticide
product
designed to kill or
retard a plant’s growth,
but
excludes products
that are for agricultural
use, or restricted materials
that require
a permit
for
use and possession.
“High
Volatility
Organic
Material (HVOM)”
or “High Volatility Organic
Compound”
means
any volatile organic
material or volatile organic
compound
that
exerts
a
vapor
pressure greater
than 80 millimeters
of Mercury
(mm Hg) when measured
at 20°C.
“Household
Product” means any
consumer product that
is
primarily designed
to be used
inside or outside
of living quarters
or residences
that are occupied or intended
for
occupation
by
individuals,
including
the immediate surroundings.
“Illinois Sales”
means the sales
(net pounds of product,
less packaging
and container, per
year)
in
Illinois
for either
the
calendar year immediately
prior
to
the year
that the
registration
is due or, if that data
is not available,
any consecutive
12 month period
commencing
no earlier than
two years prior
to the due date of
the registration. If direct
sales
data for Illinois is
not available, sales may
be estimated
by prorating national
or
regional
sales data
by population.
“Industrial use” means
use for or in
a manufacturing,
mining, or chemical process
or
use
in the operation
of factories, processing
plants, and
similar sites.
“Insecticide” means
a
pesticide
product that is designed
for use against
insects or other
arthropods,
but excluding products
that are for agricultural
use, for
a use which requires
a
structural pest
control license under
the Structural
Pest Control Act, 225
ILCS 235, or
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restricted materials
that require a permit for use and possession.
“Insecticide
Fogger” means
any insecticide product designed to release all or most of its
content,
as
a
fog
or mist, into indoor
areas during a single application.
“Institutional Product” or “Industrial
and Institutional (I&I) Product” means a consumer
product that is designed for use in the maintenance
or operation of an establishment that
manufactures, transports, or sells goods or commodities, or provides services for
profit,
or is engaged in
the
nonprofit promotion of a particular public, educational, or charitable
cause. “Establishments” include,
but are not limited to, government agencies, factories,
schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile service
and
parts centers, health clubs, theaters,
or transportation companies. This does not include
household products and products that are incorporated into or used exclusively in the
manufacture or construction of the
goods
or commodities
at
the
site of the establishment.
“Label” means any written, printed, or graphic matter affixed to, applied to, attached
to,
blown into, formed, molded into, embossed
on, or
appearing upon any
consumer product
or
consumer product package,
for purposes of branding, identifying, or giving
information with
respect
to the product or to the contents of the package.
“Lacquer” means for purposes of this
Subpart, a
clear
or opaque wood coating, including
clear lacquer
sanding
sealers, formulated with cellulosic or synthetic resins to dry by
evaporation without chemical reaction and to provide a solid, protective film.
“Laundry Prewash” means a product that is designed for application to a fabric prior
to
laundering and that supplements and
contributes to the effectiveness of laundry
detergents and/or provides specialized performance.
“Laundry Starch Product” means a
product that
is designed for application
to a fabric,
either during or after laundering, to impart and prolong a crisp, fresh look and may
also
act to help ease
ironing
of the fabric. This includes, but is not limited to, fabric finish,
sizing, and
starch.
“Lawn and Garden Insecticide” means
an insecticide product labeled primarily to be used
in household lawn and garden areas to protect plants from insects or
other arthropods.
Notwithstanding
the
requirements of Section 223.260 aerosol “Lawn and Garden
Insecticides” may claim
to
kill
insects or other arthropods.
“Liquid”
means a substance
or mixture of substances which is capable of a visually
detectable flow as determined under ASTM D-4359-90, incorporated
by
reference
in
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED RULES
Section 223.120, including
any subsequent amendments or an equivalent method
approved
by
the California
Air Resources
Board.
This does not include powders or other
materials that are composed
entirely of solid particles.
“Lubricant” means a product designed
to
reduce
friction, heat, noise, or wear between
moving parts, or to loosen rusted or immovable parts or
mechanisms. This does not
include automotive power steering fluids; products for use inside power generating
motors, engines, and turbines, and their associated power-transfer gearboxes; two cycle
oils or other products designed
to be added to fuels; products for use on the human body
or animals; or products that are sold exclusively to establishments which manufacture
or
construct goods
or
commodities, and labeled “not for retail sale.”
“LVP
Content” means
the total weight, in pounds, of LVP compounds in an ACP product
multiplied by 100 and divided by the product’s total net weight (in pounds, excluding
container and packaging), expressed to the nearest
0.1.
“LVP-VOM” or “LVP-VOC” means a chemical “material” or “mixture” or “compound”
that contains at least one carbon atom and meets one of
the
following:
Has a
vapor
pressure less than 0.1 mm Hg at 20°C, as determined by CARB
Method 310; or
Is a
chemical
“material” or “compound” with more than 12 carbon atoms, or a
chemical “mixture” comprised solely of “material” or
a
“compound” with
more
than 12 carbon atoms
as
verified
by formulation data, and the vapor pressure and
boiling point are unknown; or
Is a chemical “material” or “compound” with
a
boiling
point
greater
than
2
16°C,
as
determined
by CARB Method 310; or
Is the weight percent of
a
chemical “mixture”
that boils above 216° C, as
determined by CARB Method 310.
For
the
purposes
of the definition of LVP-VOM, chemical “material” or
“compound” means
a molecule of definite chemical formula and isomeric
structure, and chemical “mixture”
means a substrate comprised of two or more
chemical “materials” or “compounds.”
“Medicated Astringent /Medicated Toner” means any product
regulated as a drug by the
FDA which is applied to the skin
for the purpose of cleaning or tightening pores. This
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includes, but is not limited to, clarifiers and substrate-impregnated products. The term
does not include hand, face, or body cleaner or soap products, “Astringent/Toner,” cold
cream, lotion, antiperspirants, or products that must be purchased with a doctor’s
prescription.
“Medium Volatility Organic Material (MVOM)” or “Medium Volatility Organic
Compound (MVOC)”
means any volatile
organic material or volatile organic compound
that exerts a
vapor pressure greater than
two mm Hg and
less
than or equal to 80
mm
Hg
when measured at 20°C.
“Metal
Polish /Cleanser” means any product
designed
primarily
to improve
the
appearance of finished metal, metallic, or metallized surfaces by physical or chemical
action.
To
“improve the appearance” means
to
remove or reduce stains, impurities, or
oxidation from
surfaces
or to make surfaces smooth and shiny. This includes, but is not
limited to, metal polishes used on brass, silver, chrome, copper, stainless steel and other
ornamental metals. The term does not include “Automotive Wax, Polish, Sealant or
Glaze,” wheel
cleaner, “Paint
Remover or Stripper,” products designed and labeled
exclusively for automotive and marine detailing, or products designed for use in
degreasing tanks.
“Mist Spray Adhesive” means any aerosol which is not a special purpose spray adhesive
and
which delivers a particle or mist spray, resulting in the formation of fine, discrete
particles that
yield a generally uniform
and smooth
application
of adhesive to
the
substrate.
“Multi-purpose Dry Lubricant” means any lubricant which is designed and labeled to
provide
lubricity
by
depositing a thin film of graphite, molybdenum disulfide (“moly”),
or polytetrafluoroethylene or closely related fluoropolymer (“teflon”) on surfaces, and
designed for general purpose
lubrication,
or for use in a wide variety of applications.
“Multi-purpose Lubricant” means any lubricant designed for general
purpose
lubrication,
or
for use in a wide variety of applications. The term does not include “Multi-purpose
Dry Lubricants,” “Penetrants,” or “Silicone-based Multi-purpose Lubricants.”
“Multi-purpose
Solvent” means
any organic liquid designed to be used for a variety of
purposes,
including cleaning or degreasing
of a variety of substrates, or thinning,
dispersing or dissolving other organic materials. This includes solvents
used
in
institutional
facilities, except for
laboratory reagents used in analytical, educational,
research, scientific or other laboratories. This does not include solvents
used
in cold
cleaners, vapor degreasers, conveyorized
degreasers or film cleaning machines, or
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solvents that are incorporated into, or
used
exclusively in
the
manufacture or construction
of the goods or commodities at the site
of
the
establishment.
“Nail Polish” means any clear or colored coating designed for application to the
fingernails or toenails and including but
not
limited
to
lacquers, enamels, acrylics, base
coats and top coats.
“Nail
Polish Remover”
means a product designed to remove nail polish and coatings
from fingernails or toenails.
“Non-aerosol Product” means any
consumer product that is not dispensed by a
pressurized spray system.
“Non-Carbon
Containing
Compound” means any compound which does not contain any
carbon atoms.
“Nonresilient Flooring” means flooring of a mineral content which is not flexible. This
includes terrazzo, marble, slate, granite, brick, stone, ceramic tile and concrete.
“Non-Selective Terrestrial Herbicide”
means a terrestrial herbicide product that is toxic
to plants without regard to species.
“Oven Cleaner” means any cleaning product
designed to clean and to
remove
dried food
deposits from oven walls.
“Paint” means any pigmented liquid, liquefiable, or mastic composition designed for
application to a substrate in a thin layer which is converted
to
an
opaque solid
film
after
application and is used for protection, decoration or identification, or to serve some
functional
purpose such as the
filling
or concealing of surface irregularities or the
modification of light and heat radiation characteristics.
“Paint Remover or Stripper” means any product designed to strip or remove paints or
other related
coatings,
by chemical action, from a substrate without markedly affecting
the
substrate. This
does not
include
“Multi-purpose Solvents,” paint brush cleaners,
products designed and labeled exclusively
as “Graffiti Removers,” and hand cleaner
products that claim to remove paints and other related
coatings
from skin.
“Penetrant” means a lubricant designed and labeled
primarily to loosen metal parts that
have bonded together due to rusting, oxidation, or other causes. The term does not
include “Multi-purpose Lubricants” that claim to have
penetrating qualities, but
are
not
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labeled primarily
to loosen bonded parts.
“Personal
Fragrance
Product” means any product which is applied to the human body or
clothing for the primary purpose of adding a scent or masking a
malodor,
including
cologne,
perfume,
aftershave, and toilet water. This does not include
“Deodorant,”
medicated products
designed primarily to
alleviate fungal
or
bacterial growth on feet
or
other areas of the
body;
mouthwashes, breath fresheners and deodorizers; lotions,
moisturizers, powders or other skin care products used primarily to alleviate skin
conditions such as dryness and irritations; products designed exclusively for use on
human genitalia;
soaps,
shampoos,
and
products primarily
used
to clean the human
body;
and fragrance products designed to be used exclusively on non-human animals.
“Pesticide” means and includes any substance or mixture of substances labeled, designed,
or intended for use in preventing, destroying, repelling or mitigating any pest, or any
substance
or
mixture of substances labeled, designed, or intended for use as a
defoliant,
desiccant, or plant regulator, provided that the term “Pesticide” will not include any
substance, mixture of substances, or device which the United States Environmental
Protection
Agency
does
not
consider to be a
pesticide.
“Photograph Coating” means a coating designed and labeled exclusively to be applied to
finished photographs to allow corrective retouching, protection of the image, changes
in
gloss level, or to
cover
fingerprints.
“Pressurized Gas Duster” means
a
pressurized product labeled to remove dust from
a
surface solely by means of mass air or gas flow, including surfaces such as photographs,
photographic film negatives, computer keyboards, and other types of surfaces that cannot
be cleaned with solvents. This does not include “Dusting Aid.”
“Principal Display Panel or Panels” means that part, or those parts of a label that are
so
designed as to most likely be displayed, presented, shown or examined under normal and
customary conditions
of
display or purchase. Whenever a principal display panel appears
more than
once, all requirements
pertaining to the “Principal Display
Panel”
shall pertain
to
all such “Principal Display Panels.”
“Product Brand Name” means the name of the product exactly as it appears on the
principal
display panel of the product.
“Product Category” means the applicable category which best describes the product
as
listed
in this Section 223 .203 and in
the limits
in
Section 223 .205(a).
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“Product
Form” for
the purpose of
complying
with Section 223 .270 only, means
the
applicable
form which most accurately describes the
product’s dispensing form as
follows:
A
= Aerosol Product
S
= Solid
P = Pump Spray
L Liquid
SS
= Semisolid
0
= Other
“Product Line” means a group of products of identical form and function belonging to the
same product category(ies).
“Pump Spray”
means a packaging system in which the product ingredients within the
container are not under pressure and in which the product is expelled only while a
pumping action is applied to a button, trigger or other actuator.
“Responsible
ACP Party” means
the company, firm or establishment which is listed on
the ACP product’s label. If the label lists two or more companies, firms, or
establishments, the “Responsible ACP Party” is the party which the ACP product was
“manufactured for” or “distributed
by,”
as noted ori the label.
“Restricted Materials” means pesticides established as restricted materials under
applicable
Illinois Laws or Regulations.
“Roll-on Product”
means any antiperspirant
or deodorant that dispenses active
ingredients by rolling a wetted ball or wetted cylinder on the affected area.
“Rubber
and
Vinyl Protectant”
means any product designed to protect, preserve or renew
vinyl,
rubber, and plastic on vehicles, tires, luggage, furniture,
and household
products
such as
vinyl covers, clothing, and accessories. This does not include products primarily
designed to clean the wheel rim, such as aluminum or magnesium wheel cleaners, and
tire cleaners that do not leave an appearance-enhancing or protective substance on the
tire.
“Rubbing Alcohol” means any product containing isopropyl alcohol (also called
isopropanol)
or denatured ethanol
and labeled for topical use, usually to decrease germs
in minor cuts and scrapes, to relieve minor muscle aches,
as a
rubefacient, and for
massage.
ILLINOIS REGISTER
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“Rust Preventive Coating” means a coating formulated exclusively for nonindustrial use
to prevent the corrosion of metal surfaces and labeled as specified in Section 223.320(f).
“Sanding Sealer” means for
purposes
of this Subpart, a clear or semi-transparent wood
coating
labeled and formulated for
application to bare wood to seal the wood and to
provide
a
coat that can be abraded to create
a smooth surface for subsequent applications
of coatings. A “Sanding Sealer” that also meets
the
definition
of a
“Lacquer” is not
included in this category, but it is included in the “Lacquer” category.
“Sealant and Caulking Compound” means any product with adhesive properties that
is
designed to
fill, seal, waterproof, or
weatherproof gaps or joints between two surfaces.
This does not include roof cements and roof sealants, insulating foams, removable
caulking
compounds, clear/paintable/water
resistant caulking compounds, floor seam
sealers, products designed exclusively for automotive uses, or sealers that are applied
as
continuous coatings. The term also does not include units of product, less packaging,
which
weigh more than one pound and
consist of more than 16 fluid ounces.
For the purposes of this definition only, “removable caulking compounds”
means
a
compound which temporarily seals windows or
doors for three to six month
time
intervals, and “clear/paintable/water
resistant caulking compounds” means a
compound which contains no appreciable level of opaque fillers or pigments;
transmits most or all visible light through the caulk when cured; is paintable;
and
is
immediately resistant
to precipitation upon application.
“Semisolid”
means
a
product that,
at room temperature, will not pour, but will spread or
deform easily, including but not limited to gels, pastes, and greases.
“Shaving Cream” means an aerosol product
which dispenses a foam lather intended to be
used
with a blade or cartridge razor, or other wet-shaving
system,
in
the
removal
of facial
or other bodily hair. The term does not include “Shaving Gel.”
“Shaving
Gel” means an aerosol
product which dispenses a post-foaming semisolid
designed
to be used with a blade, cartridge
razor, or other shaving system in the removal
of facial or other bodily hair. This does not include
“Shaving Cream.”
“Silicone-based
Multi-purpose
Lubricant” means any lubricant which is designed
and
labeled to provide lubricity primarily through
the use of silicone compounds including,
but not limited
to, polydimethylsiloxane;
and designed and labeled for general purpose
lubrication, or for use in a wide variety of applications. The
term does not include
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products designed and labeled exclusively to release manufactured products from molds.
“Single Phase
Aerosol
Air Freshener” means an aerosol air freshener with the liquid
contents in a
single
homogeneous phase and which does not require that the product
container be
shaken
before use.
“Solid” means a substance
or mixture of substances which, either whole or
subdivided
(such as the particles comprising
a powder), is not
capable
of
visually detectable flow
as
determined under ASTM D-4359-90, incorporated
by
reference in Section 223.120, or an
equivalent
method approved
by the California Air Resources Board.
“Special Purpose Spray Adhesive” means an aerosol adhesive that meets any of the
following definitions:
“Mounting Adhesive” means an aerosol adhesive designed to permanently mount
photographs, artwork, and any other drawn or printed media to a backing (paper,
board, cloth, etc.) without
causing discoloration to the artwork.
“Flexible vinyl adhesive” means an aerosol adhesive designed to bond flexible
vinyl to substrates. Flexible
vinyl means a
nonrigid polyvinyl chloride plastic
with
at
least five
percent, by weight, of plasticizer content. A plasticizer
is
a
material, such as a high boiling point organic solvent, that is incorporated into a
plastic to increase its flexibility, workability, or distensibility, and may be
determined using
ASTM Method E260-96, incorporated by reference in Section
223.120, or from product formulation data or an equivalent method approved
by
the CARB.
“Polystyrene
Foam Adhesive” means an aerosol adhesive designed to bond
polystyrene foam to substrates.
“Automobile Headliner Adhesive” means an aerosol adhesive designed to bond
together layers in motor vehicle headliners.
“Polyolefin Adhesive” means
an aerosol adhesive designed to bond polyolefins to
substrates.
“Laminate Repair/Edgebanding
Adhesive” means an aerosol adhesive designed
for:
The touch-up or repair of items laminated
with
high pressure laminates
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(e.g., lifted edges, delaminates, etc.); or
The touch-up, repair, or attachment of edgebanding materials, including
but not limited to, other laminates, synthetic marble, veneers, wood
molding, and decorative metals.
For the purposes of this definition “high pressure laminate” means sheet
materials which consist
of paper, fabric, or other core material that have
been laminated at temperatures exceeding 265 degrees F, and at pressures
between 1,000 and 1,400 psi.
“Automotive Engine Compartment Adhesive” means an aerosol adhesive
designed for use in motor vehicle under-the-hood applications which require
oil
and plasticizer resistance, as well as high shear strength, at temperatures of 200 -
275 degrees F.
“Spot Remover” means any product labeled to clean localized areas, or remove localized
spots or stains on cloth or fabric such as drapes, carpets, upholstery, and clothing, that
does
not require subsequent laundering to achieve stain removal. This
does
not include
“Dry Cleaning
Fluid,” “Laundry
Prewash,” or “Multi-purpose Solvent.”
“Spray Buff Product” means a product designed to restore a worn floor finish in
conjunction with
a
floor buffing
machine and special pad.
“Stick
Product” means any antiperspirant or deodorant
that
contains
active
ingredients
in
a solid matrix form, and that dispenses the active ingredients by frictional action on the
affected
area.
“Structural Waterproof
Adhesive”
means an adhesive whose bond lines are resistant to
conditions
of continuous immersion
in
fresh
or salt water, and that conforms with Federal
Specification MMM-A- 181 D (Type 1, Grade A),
and
MIL-A-4605 (Type A,
Grade A
and
Grade C), per the Federal Consumer Products Regulation 40 CFR59
Subpart C.
“Terrestrial” means to
live
on or grow from land.
“Tire
Sealant and Inflation” means
any
pressurized
product that is designed to
temporarily inflate and seal a leaking tire.
“Toilet/Urinal Care Product” means any product designed
or labeled
to clean and/or
to
deodorize toilet bowls, toilet tanks,
or
urinals. Toilet
bowls, toilet tanks, or urinals
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includes, but
is not
limited
to, toilets
or
urinals
connected to
permanent plumbing in
buildings and
other structures, portable toilets
or urinals
placed
at
temporary or remote
locations, and
toilet
or
urinals in vehicles
such as buses,
recreational motor homes, boats,
ships, and
aircraft. This does not include “Bathroom
and
Tile Cleaner” or “General
Purpose
Cleaner.”
“Type A Propellant” means a compressed gas such as 2
CO,N
2,N
2
O, or compressed air
which is used as a propellant, and is either incorporated with the product or
contained in
a
separate chamber
within the
product’s
packaging.
“Type B Propellant” means any halocarbon which is used as a propellent
including
chiorofluorocarbons (CFCs), hydrochiorofluorocarbons (HCFCs), and
hydrofluorocarbons (HFC5).
“Type C
Propellant” means any propellent which is not
a
Type A or Type B propellant,
including propane, isobutane, n-butane, and dimethyl ether (also known as
dimethyl
oxide).
“Undercoating” means any
aerosol
product designed to impart a
protective, non-paint
layer to the undercarriage, trunk interior, and/or firewall of motor vehicles to
prevent
the
formation of rust or to deaden sound. This includes, but is not limited to, rubberized,
mastic, or
asphaltic products.
“Usage Directions” means the text or graphics on the product’s principal display panel,
label, or accompanying
literature
which describes to the end user how and
in what
quantity the product is to be used.
“VOM
Content” means, for purposes of this Subpart, except for charcoal lighter
products, the total weight of VOM in a product expressed as a percentage of the product
weight (exclusive of the container or packaging), as determined pursuant to
Section
223.285(a)
and
(b).
For charcoal lighter material products only,
VOC Content
= (Certfled Emissions
x
100)
CertUied
Use Rate
Certified
Emissions
=
The emissions level for products approved by the
Agency under Section 223.220, as determined pursuant to
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NOTICE OF PROPOSED RULES
South Coast Air Quality Management District
Rule 1174
Ignition
Method Compliance
Certification Protocol
(February 27, 1991), expressed to the nearest
0.00 1
pound
CH
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 0.00 1 pound
certified product used per start.
For
purposes of Subpart
C
of this Part, “VOM Content” means the weight of
VOM per volume of coating, calculated according to the
procedures specified in
subsection 223.340(a).
“Wasp and Hornet
Insecticide”
means any insecticide product
that is designed for use
against wasps, hornets, yellow jackets or bees by allowing the user to spray from a
distance a
directed stream or burst at the intended insects, or their hiding place.
“Waterproofer” means a product designed and labeled exclusively to
repel water from
fabric
or leather substrates, excluding “Fabric Protectants”.
“Wax” means a material or synthetic thermoplastic substance generally of high molecular
weight
hydrocarbons or high molecular weight
esters of fatty
acids or alcohols, except
glycerol and high polymers (plastics). This includes, but is not limited to, substances
derived from the
secretions
of plants and animals such as carnuba
wax
and
beeswax,
substances
of a mineral origin such as ozocerite and paraffin, and synthetic polymers
such as
polyethylene.
“Web Spray Adhesive” means any aerosol adhesive which is not a mist
spray
or special
purpose spray
adhesive.
“Wood
Cleaner” means a product labeled to clean wooden materials including but not
limited to decking, fences, flooring, logs, cabinetry, and furniture. The term does not
include
“Dusting Aid,” “General
Purpose Cleaner,” “Furniture
Maintenance Product,”
“Floor
Wax Stripper,” “Floor Polish or Wax,” or products designed and labeled
exclusively to
preserve or
color wood.
ILLiNOIS REGISTER
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NOTICE OF PROPOSED RULES
“Wood Floor Wax” means wax-based products for use
solely
on wood
floors.
Section
223.205
Standards
a)
Except as
provided in
Section 223 .207, Section
223.230, Section 223 .240,
or
Section 223.245, no person
shall sell,
supply, offer for sale, or manufacture for
sale in Illinois any consumer product manufactured on or after January 1, 2009,
which contains VOMs in excess of the limits specified below:
Affected Product
%
VOM
by
Weight
A)
Mist Spray
65
B)
Web Spray
55
C)
Special Purpose Spray Adhesives
i)
Mounting,
Automotive Engine Compartment, and
Flexible Vinyl
70
ii)
Polystyrene Foam and Automotive Headliner
65
iii)
Polyolefin and Laminate Repair /Edgebanding
60
2)
Adhesives - Construction, Panel, and Floor Contact
15
3)
Adhesives - General Purpose
10
4)
Adhesives — Structural Waterproof
15
5)
Air Fresheners
A)
Single-Phase Aerosol
30
B)
Double Phase Aerosol
25
C)
Liquids
/
Pump
Sprays
18
D)
Solids
/
Gel
3
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6)
Antiperspirants
A)
Aerosol
40 HVOM
1OMVOM
B)
Non-Aerosol
0 HVOM
0 MVOM
7)
Automotive
Brake
Cleaners
45
8)
Automotive
Rubbing
or
Polishing
Compound
17
9)
Automotive
Wax,
Polish,
Sealant,
or Glaze
A)
Hard
Paste
Waxes
45
B)
Instant
Detailers
3
C)
All OtherForms
15
10)
Automotive
Windshield
Washer
Fluids
35
11)
Bathroom
and Tile Cleaners
A)
Aerosol
7
B)
All
OtherForms
5
12)
Bug
and
Tar
Remover
40
13)
Carburetor
or
Fuel-Injection
Air Intake
Cleaners
45
14)
Carpet
and Upholstery
Cleaners
A)
Aerosol
7
B)
Non-Aerosol
(Dilutables)
0.1
C)
Non-Aerosol
(Ready-to-Use)
3.0
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15)
Charcoal Lighter Material
see Section 223 .220
16)
Cooking Spray — Aerosol
18
17)
Deodorants
A)
Aerosol
0 HVOM
1OMVOM
B)
Non-Aerosol
0 HVOM
0 MVOM
18)
Dusting Aides
A)
Aerosol
25
B)
All OtherForms
7
19)
Engine Degreasers
A)
Aerosol
35
B)
Non-Aerosol
5
20)
Fabric Protectants
60
21)
Floor Polishes
/ Waxes
A)
Products for Flexible Flooring Materials
7
B)
Products for
Nonresilient Flooring
10
C)
WoodFloor Wax
90
22)
Floor Wax Strippers
see
Section 223
.209
23)
Furniture Maintenance Products
A)
Aerosol
17
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE
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B)
All
Other Fonns Except Solid or Paste
7
24)
General Purpose
Cleaners
A)
Aerosol
10
B)
Non-Aerosol
4
25)
General Purpose
Degreasers
A)
Aerosol
50
B)
Non-Aerosol
4
26)
Glass Cleaners
A)
Aerosol
12
B)
Non-Aerosol
4
27)
Hair Mousses
6
28)
Hairshines
55
29)
Hairsprays
55
30)
Hair Styling Gels
6
31)
Heavy Duty Hand
Cleaner or Soap
8
32)
Insecticides
A)
Crawling Bug (Aerosol)
15
B)
Crawling Bug
(All Other Forms)
20
C)
Flea and Tick
25
D)
Flying Bug (Aerosol)
25
E)
Flying Bug (All
Other Forms)
35
ILLINOIS REGISTER
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F)
Foggers
45
G)
Lawn and Garden (Aerosol)
20
H)
Lawn and Garden (All Other Forms)
3
I)
Wasp and
Hornet
40
33)
Laundry Prewash
A)
Aerosols / Solids
22
B)
All OtherForms
5
34)
Laundry Starch Products
5
35)
Metal Polishes
/ Cleansers
30
36)
Multi-Purpose Lubricant
(Excluding
Solid or Semi-Solid Products)
50
37)
Nail Polish Removers
75
38)
Non-Selective Terrestrial Herbicide - Non-Aerosol
3
39)
Oven Cleaners
A)
Aerosols
/ Pump Sprays
8
B)
Liquids
5
40)
Paint Remover or
Strippers
50
41)
Penetrants
50
42)
Rubber and
Vinyl Protectants
A)
Aerosol
10
ILLINOIS REGISTER
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B)
Non-Aerosol
3
43)
Sealants and
Caulking Compounds
4
44)
Shaving Creams
5
45)
Silicone-Based Multi-Purpose Lubricants
(Excluding Solid or Semi-Solid Products)
60
46)
Spot
Removers
A)
Aerosol
25
B)
Non-Aerosol
8
47)
Tire Sealants and Inflators
20
48)
Undercoatings — Aerosols
40
b)
No
person shall sell, supply, offer for sale, or manufacture for sale
in Illinois, on
or after
January 1, 2009, any antiperspirant or deodorant that contains any
compound listed
below:
Benzene
Ethylene Dibromide
Ethylene Dichioride
Hexavalent Chromium
Asbestos
Cadmium (metallic cadmium and cadmium compounds)
Carbon Tetrachioride
Trichloroethylene
Chloroform
Vinyl
Chloride
Inorganic Arsenic
Nickel (metallic nickel and inorganic nickel compounds)
Perchioroethylene
Formaldehyde
1 ,3-Butadiene
Inorganic
Lead
Dibenzo-p-dioxins and dibenzofiirans chlorinated in the 2,3,7 and 8
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED
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positions and containing 4,5,6
or 7 chlorine atoms
Section 223.206
Diluted Products
a)
For consumer products for which the label,
packaging, or accompanying
literature
specifically states that the product should
be
diluted with water or non-VOM
solvent prior
to use, the limits specified in Section 223 .205(a) must apply to the
product only after the minimum
recommended dilution has taken place.
b)
For purposes of subsection (a) of this Section, the minimum recommended
dilution shall not include recommendations
for incidental use of a concentrated
product to deal with limited special applications such as hard-to-remove soils
or
stains.
c)
For consumer products for which the label, packaging, or accompanying literature
states that the product should
be diluted with any VOM solvent prior to use,
thelimits specified in
Section 223.205(a) shall apply to the product only after
the
maximum recommended dilution has taken place.
Section
223.207
Products registered
under FIFRA
For
those consumer products that are registered under the Federal Insecticide, Fungicide,
and
Rodenticide
Act, (FIFRA,
7
U.S.C. Section 136-136y),
incorporated by reference in Section
223.120, the effective date of the VOM standards will be January 1, 2010.
Section 223.208
Requirements
for Aerosol Adhesives
a)
As specified in California Code section 4171 2(h)(2), incorporated
by
reference
in
Section
223.120, the standards
for aerosol adhesives apply to all uses of aerosol
adhesives, including consumer, industrial,
and commercial uses. Except as otherwise
provided in Sections 223 .207, 223 .230, 223 .240, 223
.245, no person shall sell, supply,
offer for sale, use or manufacture for sale in Illinois
any aerosol
adhesive
which, at the
time of sale, use, or
manufacture,
contains VOMs in excess of the specified standard.
b)
“Special Purpose Spray Adhesive.”
1)
In
order
to qualify as a “Special Purpose Spray Adhesive”
the
product
must meet one or more
of the definitions for “Special Purpose Spray
Adhesive” specified in Section 223 .203, but if
the
product label indicates
that the product is suitable
for use on any substrate or application not
ILLINOIS REGISTER
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NOTICE OF PROPOSED RULES
listed in one of the definitions for “Special Purpose Spray Adhesive,” then
the product shall be classified as either a “Web Spray Adhesive” or a
“Mist Spray Adhesive.”
2)
If a product meets more than one of the definitions specified in Section
223.203
for “Special Purpose Spray Adhesive” and is not classified as a
“Web
Spray Adhesive” or “Mist Spray Adhesive” under Section 223.203,
then the VOC limit
for the product shall be the lowest applicable
VOM
limit specified in Section 223 .205(a).
c)
Effective January 1, 2009,
no person shall sell,
supply,
offer for sale,
or
manufacture for use in Illinois any aerosol adhesive which contains any of the
following compounds: methylene chloride, perchloroethylene,
or
trichloroethylene.
d)
All aerosol adhesives must comply with the labeling requirements specified
in
Section 223 .265.
Section 223.209
Requirements for Floor Wax Strippers
On or after January 1,
2009,
no person shall sell, supply, offer for sale, or manufacture for use in
Illinois any floor wax stripper unless the following requirements are met:
a)
The label of each non-aerosol floor wax stripper must specify a dilution ratio for
light or medium build-up of
polish that
results in
an as-used VOM
concentration
of three
percent
by weight or less;
b)
If a non-aerosol floor wax stripper is also intended to be used for removal of
heavy
build-up of
polish, the label of that floor wax stripper must specify a
dilution ratio for heavy build-up
of polish that results in an as-used VOM
concentration of
12%
by weight or
less;
and
c)
The terms “light build-up,” “medium build-up,” or “heavy build-up” are not
specifically
required, as long as comparable terminology is used.
Section
223.210
Products Containing Ozone-Depleting
Compounds
a)
For any consumer product
for which standards are specified under Section
223 .205(a), no person shall sell, supply, offer for
sale,
or
manufacture
for
sale in
Illinois any consumer product
which contains any of the following ozone-
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POLLUTION
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NOTICE OF PROPOSED RULES
depleting compounds:
1)
Trichiorofluoromethane (CFC-l1);
2)
Dichiorodifluoromethane (CFC- 12);
3)
1,1,1 -trichloro-2,2,2-trifluoroethane
(CFC- 113);
4)
1 -chioro- 1,1 -difluoo-2-chloro-2,2-difluoroethane (CFC- 114);
5)
Chioropentafluoroethane (CFC-1
15);
6)
Bromochiorodifluoromethane (Halon 1211);
7)
Bromotrifluoromethane (Halon 1301);
8)
Dibromotetrafluoroethane
(Halon 2402);
9)
Chiorodifluoromethane (HCFC-22);
10)
2,2-dichioro-
1,1,1 -trifluoroethane (HCFC- 123);
11)
2-chioro- 1,1,1 ,2-tetrafluoroethane
(HCFC- 124);
12)
1,1 -dichloro- 1 -fluoroethane
(HCFC-
1
41b);
13)
1 -chloro- 1,1 -difluoroethane (HCFC-
1 42b);
14)
1,1,1 -trichioroethane;
and
15)
Carbon tetrachioride.
b)
The requirements in subsection (a) of this Section, shall not apply to any
product
formulation
existing as of January 1, 2009, that complies with Section 223.205(a)
or is reformulated
to
meet Section 223.205(a),
provided the ozone-depleting
compound content of the reformulated product
does not
increase.
c)
The requirements in subsection
(a) of this Section shall not apply to any ozone
depleting compounds that may be present as impurities in
a
consumer
product in
an amount equal to or less than
0.01% by weight of the product.
ILLINOIS REGISTER
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NOTICE OF PROPOSED
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Section 223.220
Requirements for Charcoal Lighter
Material
a)
No person shall sell, supply, or offer for sale
on or after
January
1,
2009,
any
charcoal
lighter
material product unless at the
time of the
transaction the
manufacturer can demonstrate that they have
been issued an
effective certification
by the
CARB
under the Consumer Products provisions under Subchapter
8.5,
Article 2, Section
94509(h), of Title 17 of the California Code of Regulations,
incorporated by reference
in Section 223.120. This certification remains in effect
for Illinois for as long as the CARB certification
remains in effect.
b)
Alternatively, the person
may demonstrate that at the time of the transaction the
manufacturer had been issued a certification
by
an air pollution agency of another
state and the USEPA that was current
at the time of the transaction.
c)
Upon request by the Agency, a manufacturer claiming
to have a
certification
as
specified in subsection
(a)
of
this Section, must submit to the Agency a copy of
the
certification
decision, including all conditions applicable to the certification
established by CARB or the air pollution agency of
another state and
the
USEPA.
Section 223.230
Exemptions
a)
This regulation shall not apply to any consumer
product manufactured in Illinois
for shipment and
use outside of Illinois, as long as the manufacturer or distributor
can demonstrate both that the consumer product is intended
for
shipment and
use
outside of Illinois, and that the
manufacturer or distributor has taken reasonable,
prudent precautions to assure that the consumer product
is not
distributed to
Illinois. This exemption shall
not apply to consumer products that are sold,
supplied, or offered for sale by any person
to
retail
outlets in Illinois.
b)
For antiperspirants or
deodorants, ethanol shall not be considered a medium
volatility organic material (MVOM) for
purposes of the content standards
specified in Section 223.205(a).
c)
The VOM limits specified in Section 223 .205(a) shall not
apply to
fragrances
up
to a
combined level
of two percent by weight contained in any consumer product
and shall not apply
to colorants up to a combined level of two percent by weight
contained in any antiperspirant or deodorant.
d)
The requirements of Section 223.205(a) for
antiperspirants or deodorants shall not
apply to those volatile
organic materials that contain more than 10 carbon atoms
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per
molecule
and for which the vapor pressure is unknown, or that have a vapor
pressure
of two
mm Hg or less at 20°C.
e)
The VOM
limits
specified in Section 223 .205(a) shall not apply to any LVP
VOM.
f)
The requirements of Section 223.250
shall not apply to consumer products
registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA,
7 U.S.C. Section 136/136y).
g)
The VOM limits specified in Section 223.205(a) shall not apply to air fresheners
that
are comprised entirely
of fragrance, less compounds not defined as VOMs
under Section 211.7150 or exempted under subsection 223.230(f).
h)
The VOM
limits
specified in Section 223 .205(a) shall not apply to air fresheners
and insecticides containing at least
98%
para-dichlorobenzene;
i)
The
VOM limits
specified in Section 223.205(a) shall not apply to adhesives sold
in containers of one fluid ounce or less.
j)
The VOM limits specified in
Section 223 .205(a) shall not apply to bait station
insecticides. For the purpose of this section, bait station insecticides are
containers enclosing an insecticidal bait that is not more than 0.5 ounce
by
weight, where the bait is
designed to be ingested by insects and is composed of
solid material feeding stimulants with less than five percent active ingredients.
Section 223.240
Innovative Product Exemption
a)
Any manufacturer of consumer
products which
have
been granted an
Innovative Product exemption
by
the CARB under the Innovative
Products provisions in Subchapter 8.5, Article 2, Section 94511, or
Subchapter
8.5,
Article
1, Section 94503.5 of Title 17 of the California
Code
of Regulations,
both
incorporated
by reference in Section 223.120,
shall be exempt from the limits
in
223
.205(a) for the period of time that
the CARB Innovative Products exemption remains in effect, provided
that
all consumer products within the CARB Innovative Products exemption
are contained in
the
limits
in 223 .205(a) of this regulation. Any
manufacturer claiming such an exemption
on this basis
must submit
to
the
Agency
a
copy
of the CARB Innovative Product exemption decision (i.e.,
the Executive Order), including all conditions established
by
CARB
ILLINOIS REGISTER
POLLUTION
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NOTICE OF PROPOSED RULES
applicable to the exemption.
b)
Recordkeeping and Availability of Requested Information.
1)
All information specified in the innovative product exemption approving
an innovative product application shall be maintained by the responsible
party for
a minimum of three years after the expiration of such exemption.
Such records shall
be
clearly legible and maintained
in good
condition
during this period.
2)
The records specified in (1) of this subsection shall
be
made available
to
the Agency, or its authorized representative, upon request.
Section
223.245
Alternative
Compliance Plans
a)
The purpose of this sectIon is to provide an alternative method to comply with
the
limits in Section 223.205(a).
This alternative is provided by allowing responsible
ACP parties the option of voluntarily entering into separate ACPs for consumer
products, as specified in this Subpart. Only responsible AiP parties for consumer
products may enter
into an ACP.
b)
Any manufacturer of consumer products which have been granted an ACP
Agreement by the CARB under the provisions in
Subchapter 8.5,
Article 4,
Sections
94540-94555,
of Title 17 of the California Code of Regulations,
incorporated by reference in Section 223.120, shall be exempt from the limits in
Section
223.205(a)
for the period of time that the CARB ACP Agreement remains
in effect provided that all ACP Products
used
for emissions credits within the
CARB ACP Agreement are contained in Section 223 .205(a) of this regulation.
Any manufacturer
claiming such an ACP Agreement on this basis must submit to
the Agency a copy of the CARB ACP decision (i.e.,
the
Executive Order),
including all conditions established
by
CARB applicable to the exemption.
c)
Recordkeeping
and Availability of Requested Information.
1)
All information
specified in the
ACP
Agreement approving an
ACP
shall
be maintained by the responsible ACP
party
for
a
minimum of three
years
after
the expiration of such ACP. Such records shall be clearly legible
and
maintained in
good condition during this period.
2)
The records specified in (1) of this subsection
shall be made
available
to
ILLINOIS
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POLLUTION CONTROL BOARD
NOTICE
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PROPOSED
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the Agency or its authorized representative
upon request.
Section 223.250
Product Dating
a)
Each manufacturer of a consumer product subject
to
Section 223.205(a) shall
clearly display on each consumer product container or package, the day, month,
and year on which the product was manufactured, or a code indicating such date.
b)
A
manufacturer who
uses
the following
code to indicate the date of
manufacture
shall not be subject to the requirements of Section 223.255(a), if the code is
represented separately
from other codes on the product container so that it is
easily recognizable:
YY DDD = year year day day day
Where:
YY = Two digits representing the year in which the product was manufactured,
DDD = Three digits representing the day of the year on which the product was
manufactured, with “001” representing the first day of the year, “002”
representing the second day of the year, and
so
forth (i.e., the “Julian
date”)
c)
This
date
or code shall
be
displayed
on each consumer product container or
package no later than the effective date of the applicable standard specified in
Section 223 .205(a).
d)
The date or datecode information shall be located on the container or inside the
cover/cap
so
that
it
is readily
observable or obtainable by simply removing the
cap/cover without irreversibly disassembling
any part of the container or
packaging. For the purposes of this subsection, information
may be
displayed
on
the bottom of a container as long as it is clearly legible without removing
any
product packaging.
e)
The requirements of this Section 223.250
shall not apply to products containing
no VOMs (as defined in Section 223.203), or containing VOMs
at 0.10% by
weight or less.
Section
223.255
Additional Product Dating
Requirements
ILLINOIS REGISTER
POLLUTION
CONTROL BOARD
NOTICE OF PROPOSED RULES
a)
No person
shall
erase, alter, deface, or otherwise remove or make illegible any
date or code
indicating
the date of manufacture from any regulated product
container
without
the express authorization of the manufacturer. No manufacturer
shall affix a date-code that is not true for the date the item was manufactured.
b)
Date code
explanations for
codes indicating the date of manufacture are public
information and may not
be
claimed
as confidential.
Section 223.260
Most
Restrictive
Limit
a)
Products
manufactured
before January 1, 2009, and FIFRA-registered Insecticides
manufactured before January 1, 2010.
Notwithstanding the definition of “product category” in Section 223 .203, if
anywhere on the principal display panel
of any
consumer
product
manufactured
before
January 1, 2009,
or any FIFRA-registered insecticide manufactured before
January 1, 2010, any representation is made that the product may be used as, or is
suitable for use as, a consumer product for which
a
lower VOC limit is specified
in
Section 223.205(a), then the lowest
VOC limit shall apply. This requirement
does not
apply
to
general
purpose cleaners, antiperspirant/deodorant products and
insecticide foggers.
b)
Products manufactured on or after January 1, 2009, and FIFRA-registered
Insecticides manufactured on or after January
1,
2010.
Notwithstanding the definition of “Product
Category”
in
Section
223
.203, if
anywhere
on
the container or packaging of any consumer product manufactured on or after January 1,
2009, or any
FIFRA-registered insecticide
manufactured on or after January 1, 2010, or
on any
sticker or label affixed thereto, any
representation is made that the product may be
used as,
or is suitable for use as, a consumer product for
which a
lower VOC limit is
specified in Section 223.205(a), then the lowest VOM limit shall apply. This requirement
does
not apply to general purpose cleaners, antiperspirant/deodorant products and
insecticide
foggers.
Section 223.265
Additional Labeling Requirements
for Aerosol Adhesives,
Adhesive
Removers, Electronic Cleaners, Electrical Cleaners, Energized
Electrical Cleaners,
and Contact Adhesives
a)
In addition to the requirements specified in
Sections 223 .250, 223.260, and
ILLINOIS
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NOTICE
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223.270,
both the
manufacturer and responsible
party for each
aerosol
adhesive,.
adhesive remover, electronic
cleaner,
electrical cleaner,
energized
electrical
cleaner, and contact
adhesive
product subject to this
regulation
shall ensure
that
all products
clearly display the following
infonntion
on each
product container
which
is manufactured on or
after
January
1, 2009.
1)
The product
category as specified
in Section 223.205(a)
or an abbreviation
of the
category
shall be displayed.
2)
The applicable
VOM standard
for the product that
is specified in Section
223 .205(a)
except for Energized
Electrical Cleaner,
expressed as a
percentage
by
weight, shall
be
displayed unless the
product is included
in
an alternative
control plan
approved by the Agency,
as provided in
Sections
223 .240, and 223 .245,
and the product exceeds
the applicable
VOM standard;
3)
If the product
is included in an alternative
control plan approved
by the
Agency, and the
product exceeds
the
applicable
VOM standard
specified
in Section 223.205(a),
the product
shall be labeled with
the term “ACP” or
“ACP product”;
4)
If the
product is classified
as a special
purpose spray adhesive,
the
applicable
substrate and/or
application or an
abbreviation of the
substrate
and/or
application that qualifies
the product
as
special purpose shall
be
displayed.
5)
If the manufacturer
or
responsible party uses
an abbreviation as
allowed
by this
Section 223 .265,
an
explanation
of the abbreviation
must
be filed
with
the Agency before
the abbreviation is
used.
b)
The information
required
in Section 223 .250(a),
shall be displayed
on the product
container
such that it is
readily
observable
without removing
or disassembling any
portion of the product
container or
packaging. For the
purposes
of
this
subsection,
Information
may be displayed
on the bottom of
a
container as long
as
it is clearly legible
without removing
any product packaging.
c)
No person
shall remove, alter, conceal,
or deface
the information
required
in
Subsection 223
.265(a)
prior
to final sale of the product.
Section
223.270
Reporting Requirements
ILLII’JOIS
REGISTER
POLLUTION
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NOTICE
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a)
Upon
request, a
responsible
party
must submit
to
the
Agency any
of the following
information
within
90
days
of
a
request
by
the Agency:
1)
The
name, address,
and
telephone
number
of
the
responsible
party and the
name and telephone
number
of the party’s
designated
contact
person;
2)
For
each
product
subject
to Section
223.205(a):
A)
The product
brand
name;
B)
The product
label;
C)
The product
category
to which
the consumer
product
belongs;
D)
The applicable
product form(s)
listed
separately;
and
E)
An
identification
of
the product
as a
household
product,
institutional
product,
or both;
3)
Separate
Illinois
sales in
pounds
per year,
to the nearest
pound,
and the
method
used
to
calculate Illinois
sales
for each
product
form;
4)
For
information
submitted
by
multiple companies,
an
identification
of
each
company
which is
submitting
relevant
data
separate
from that
submitted
by
the
responsible
party.
All information
from each
company
shall
be submitted
by the
date
requested
by the
Agency;
5)
For
each product
brand
name
and form,
the
net percent
by weight
of the
total product,
less
container
and packaging,
comprised
of the following,
rounded
to the nearest
one-tenth
of
a percent
(0.1%):
A)
Total
Section
223
.205(a)
compounds;
B)
Total LVP-VOMs
that
are not fragrances;
C)
Total all
other
carbon-containing compounds
that are not
fragrances;
D)
Total
all non-carbon-containing compounds;
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NOTICE OF PROPOSED
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E)
Total fragrance;
F)
For products containing greater
than two percent by weight
fragrance:
i)
The
percent of fragrance that are LVP-VOMs; and
ii)
The percent of
fragrance that are all other carbon-
containing compounds; and
G)
Total paradichlorobenzene;
6)
For each product
brand name and form, the identity, including the specific
chemical name and associated Chemical Abstract Services (CAS) number,
of the following:
A)
Each
Section 223 .205(a) compound; and
B)
Each LVP-VOM that
is not a fragrance; and
7)
If the product includes a propellant, the following:
A)
The weight
percent comprised of propellant for each product;
and
B)
An identification
of the type of propellant, such as Type A, Type
B, Type C, or a blend of the
different types.
b)
In addition to the requirements
of subsection (a)(6) of this Section the responsible
party shall report or shall arrange to
have reported to the Agency, upon request,
the net percent by weight of each ozone-depleting
compound which is:
1)
Listed in Section 223.2
10(a); and
2)
Contained in a product
subject to reporting under subsection (a) of this
Section in any amount greater than
0.1% by weight.
c)
In addition, all manufacturers must
submit to the Agency, upon request, the
information requested
in subsections (a) and
(b)
above
upon commencement of
the selling of each such product in Illinois.
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Section 223.275
Special
Recordkeeping
Requirements for
Consumer Products
that
Contain Perchloroethylene or Methylene Chloride
a)
The
requirements
of this Section shall apply to all responsible parties
for
consumer
products
that are subject to Section 223.205(a)
and contain
perchioroethylene or methylene chloride and Energized Electrical Cleaners as
defined in Section 223 .203, that contain perchloroethylene or methylene chloride.
For the purposes of this Section, a product “contains perchioroethylene
or
methylene chloride” if
the product contains 1.0 percent
or more
by
weight
(exclusive of the container or packaging) of either perchloroethylene or methylene
chloride.
b)
For each consumer product
that
contains perchloroethylene or methylene chloride,
the responsible party shall report the following information for products
sold
in
Illinois, upon request of the Agency, within 90 days written notice:
1)
The product brand name and a copy of the product label
with legible
usage
instructions;
2)
The product
category to which the
consumer product belongs;
3)
The applicable product form(s) (listed separately);
4)
For each product form listed in (3), the total sales in Illinois during the
calendar
year to the nearest pound (exclusive of the
container or
packaging), and the method used for calculating the Illinois sales; and
5)
The weight percent,
to
the
nearest 0.10
percent, of perchloroethylene
and
methylene chloride in the consumer product.
Section
223.280
Calculating Illinois Sales
If direct
sales data
for Illinois
are
not available,
sales may be estimated by
prorating national
or
regional sales
data by population.
Section
223.285
Test
Methods
a)
Testing
to determine compliance with the requirements of this Subpart shall be
performed using CARB Method 310, Determination of Volatile Organic Materials
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(VOM) in Consumer Products, adopted September 25, 1997, and as last amended
on May 5, 2005, which is incorporated
by
reference in Section 223.120.
b)
Compliance with the requirements of this Subpart may also be demonstrated
through calculation of the VOM content from records of the amounts of
constituents used to make the product pursuant to the following criteria:
1)
Accurate manufacturing records
shall be kept
for
each day
of production
of the amount and chemical composition of the individual product
constituents;
2)
Records required by (1), above, shall be kept for at least three years;
3)
For (4), below,
the following shall apply:
A)
“A” means the total net weight of unit excluding container and
packaging;
B)
“B” means the total weight of all VOMs per unit; and
C)
“C” means the total weight of all exempted VOMs per unit;
4)
For the purposes of this section, the VOM content shall be calculated
by
subtracting
the total weight of VOMs exempted under Section 223 .230 per
unit from the total weight of all VOMs per unit, divided
by
the total net
weight of unit
excluding container and packaging and the product,
multiplied by 100 as in the formula below:
VOM Content = B
- C x 100
A
5)
If product records appear to demonstrate compliance with the VOM limits,
but these
records
are contradicted by product testing performed using
CARB Method 310,
the results of CARB Method 310 shall take
precedence over the product records and
may be used to
establish
a
violation of the requirements of this chapter.
c)
Testing to determine whether
a product is a
liquid or
solid shall be
performed
using ASTM
D4359-90,
which is incorporated
by
reference in Section 223.120, or
an equivalent method approved
by
the CARB.
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d)
Testing
to
determine compliance with
the certification requirements for charcoal
lighter material shall
be
performed
using the procedures specified in the
SCAQMD Test Protocol Rule 1174
Ignition Method Compliance Certification
Protocol
dated
February 28, 1991,
which is incorporated
by
reference in Section
223.120.
e)
Testing to determine distillation points of petroleum distillate-based
charcoal
lighter materials shall be performed using ASTM D86-07b, 2007, which is
incorporated
by
reference in Section 223.120
or an equivalent method
approved by the CARB.
f)
No person shall create, alter, falsify, or otherwise modify records in such
a way
that the records
do
not accurately reflect
the constituents used to manufacture a
product, the chemical composition of the individual product, and any other test,
processes, or records used in connection with product manufacture.
SUBPART C: ARCHITECTURAL AND INDUSTRL4L MAINTENANCE COATINGS
Section 223.300
Purpose
The purpose of
this Subpart is
to limit emissions of VOMs by requiring reductions in the VOM
content
of architectural and industrial maintenance coatings and required work practices
to•
minimize VOM
emissions in the
application of architectural and industrial maintenance coatings
to
surfaces.
Section
223.305
Applicability
This
Subpart is applicable to any person who supplies, sells, offers for sale,
or
manufactures
any
architectural coating for use within the state of Illinois, as well as any person who
applies or
solicits the
application
of any architectural coating within Illinois. This Subpart does not apply
to:
a)
Any architectural coating that is sold or manufactured
for use outside of the state
of Illinois or for
shipment to other manufacturers for reformulation or
repackaging.
b)
Any aerosol coating product.
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c)
Any architectural coating that is sold in
a
container
with a
volume of one liter
(1.057 quart) or less.
Section 223.307 Defmitions for Subpart
C
The definitions contained in this Section apply only to the provisions of this Subpart. Unless
otherwise defined
herein, the definitions
of terms used in this Subpart shall have the meanings
specified for those terms in 35 Ill. Adm. Code Part 211.
“Adhesive”
means any chemical
substance that is applied for the purpose of bonding two
surfaces together other than by mechanical means.
“Aerosol Coating Product” means a pressurized coating product containing pigments or
resins that dispenses product ingredients
by
means of
a
propellant, and is packaged in
a
disposable
can for hand-held application or
for use in specialized equipment for ground
traffic/marking applications.
“Antenna
Coating” means
a
coating labeled and formulated
exclusively for
application
to
equipment and associated structural appurtenances that are used to receive or transmit
electromagnetic signals.
“Antifouling
Coating” means
a coating labeled and formulated for application to
submerged stationary structures and their appurtenances to prevent or reduce the
attachment
of marine or freshwater biological organisms.
To qualify as an “Antifouling
Coating,” the coating must be registered with the USEPA under the Federal Insecticide,
Fungicide
and Rodenticide Act
(7 U.S.C. Section 136 et. seq.)
“Appurtenance” means any accessory to a stationary structure coated at the site of
installation,
whether installed
or detached, including but no limited to, bathroom and
kitchen fixtures, cabinets, concrete forms, doors, elevators,
fences, hand railings, heating
equipment, air conditioning equipment, and other fixed
mechanical equipment
or
stationary tools, lampposts, partitions pipes and piping systems, rain gutters and
downspouts, stairways, fixed ladders, catwalks and fire escapes, and window screens.
“Architectural Coating” means
a coating to be applied to stationary structures or the
appurtenances at the site of installation, to portable buildings
at the site
of installation,
to
pavements,
or
to
curbs.
Coatings applied in shop applications or to non-stationary
structures such as airplanes, ships,
boats,
railcars,
and automobiles, and
adhesives
are not
considered
architectural coatings
for the purposes of this rule.
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“Bitumens” means black or brown
materials including, but
not limited
to,
asphalt, tar,
pitch,
and
asphaltite that are soluble
in carbon disulfide,
consist mainly of hydrocarbons,
and
are
obtained from natural deposits
or as residues from
the distillation of crude
petroleum or coal.
“Bituminous Roof Coating” means a coating which incorporates “Bitumens” that is
labeled and formulated exclusively for roofing.
“Bituminous Roof Primer” means
a
primer which incorporates “Bitumens” that is labeled
and formulated exclusively for roofing.
“Bond Breaker” means a coating labeled and formulated for application between layers
of concrete to prevent a freshly poured top layer of concrete from bonding to the layer
over which
it is poured.
“Calcamine Recoaters” means a flat solvent born coatings formulated and recommended
specifically
for recoating calcamine-painted
ceilings and
other calcamine-painted
substrates.
“Clear Brushing Lacquers” means clear wood finishes, excluding clear lacquer sanding
sealers, formulated
with nitrocellulose
or synthetic resins to dry by solvent
evaporation
without chemical reaction and to provide a solid, protective film, which are intended
exclusively for application
by
brush and which
are
labeled as specified in subsection
223.320(e).
“Clear Wood Coatings” means clear and semi-transparent coatings, including lacquers
and
varnishes,
applied to
wood
substrates to provide a
transparent
or
translucent
solid
film.
“Coating” means for purposes of this Subpart, a material applied onto or impregnated
into a substrate for
protective,
decorative, or functional purposes. Such materials include,
but are not
limited
to,
paints, varnishes,
sealers, and stains.
“Colorant” means for purposes of this Subpart,
a
concentrated pigment dispersion in
water, solvent, and/or binder that is added to an architectural coating after packaging in
sale units to
produce the desired
color.
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“Concrete Curing Compound” means for purposes of this Subpart,
a
coating labeled and
formulated for application
to
freshly poured concrete to retard the evaporation of water.
“Concrete Surface Retarder” means
a
mixture of retarding ingredients such as extender
pigments, primary pigments, resin, and solvent that interact chemically with the cement
to prevent hardening on the surface where the retarder is applied, allowing the retarded
mix of cement and sand at the surface to be washed away to create an exposed aggregate
finish.”
“Conversion Varnish” means a clear acid-curing coating with an alkyd or other resin
blended
with amino resins
and supplied as a
single
component or
two-component
product. Conversion varnishes produce a hard, durable, clear finish designed for
professional application
to wood
flooring. Film formation
is the result of
an acid-
catalyzed condensation reaction, affecting a transetherification at the reactive ethers of
the amino resins.
“Dry Fog Coating” means a coating labeled and formulated only for spray application
such that overspray droplets dry before subsequent contact with incidental surfaces in the
vicinity of the surface coating activity.
“Exempt Compound” means a compound identified as exempt under the definition of
Volatile Organic Material (VOM) in Part 211.7150. The exempt compound content of
a
coating
shall
be
determined
by
USEPA Method 24
or South Coast Air
Quality
Management District (SCAQMD) Method 303-9 1 (Revised February 1993), incorporated
by
reference on Section 223.120.
“Faux
Finishing Coating” means
a
coating labeled and formulated
as a
stain or a glaze
to
create artistic effects including, but not limited to, dirt, old age, smoke damage, and
simulated marble and wood grain.
“Fire-Resistive Coating” means an opaque coating labeled and formulated to protect
the
structural integrity by increasing the fire endurance of interior or exterior steel and other
structural materials, that has been fire tested and rated by a testing agency and approved
by
building code officials for use in bringing assemblies of structural materials into
compliance
with federal,
state, and local
building
code requirements. The fire-resistive
coating and the testing agency must
be
approved
by building code
officials. The fire
resistive coating shall be tested in accordance with ASTM Designation E 119-98,
incorporated by
reference in
Section 223.120.
“Fire-Retardant Coating” means
a
coating labeled
and formulated to retard
ignition
and
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flame spread, that has been fire tested and rated by a testing agency approved by building
code officials for use in bringing building and construction materials into compliance
with federal, state, and local building code requirements. The fire-retardant coating and
the testing agency must be approved by building code officials. The fire-retardant
coating shall be tested in accordance with ASTM Designation E 84-07, incorporated by
reference in Section
223.120.
“Flat
Coating” means a coating that is not defined under any other definition in this rule
and that registers gloss less than 15 on an 85-degree meter or less than five on a 60-
degree meter according to ASTM Designation D 523-89 (1999), incorporated by
reference
in Section 223.120.
“Floor
Coating” means an opaque coating that is labeled and formulated for application
to flooring,
including,
but
not limited
to, decks, porches, steps, and
other horizontal
surfaces, which may be subjected to foot traffic.
“Flow Coating”
means
a
coating labeled
and formulated
exclusively for
use by
electric
power companies or their subcontractors to maintain the protective coating systems
present on utility transformer units.
“Form-Release Compound” means a coating labeled and formulated for
application
to a
concrete form to prevent the freshly poured concrete from bonding to the form. The form
may consist
of wood, metal, or some material other than concrete.
“Graphic
Arts Coating or Sign Paint” means a coating labeled and formulated for hand-
application by artists using brush or roller techniques to indoor and outdoor
signs
(excluding structural components) and murals including letter enamels, poster colors,
copy
blockers, and bulletin enamels.
“High-Temperature Coating” means
a
high performance coating, excluding engine paint,
labeled and formulated for application to substrates exposed continuously or
intermittently to temperatures above 204°C (400°F).
“Impacted
Immersion
Coating”
means
a high performance maintenance coating
formulated and recommended for application to steel structures
subject to
immersion
in
turbulent, debris-laden water. These coatings are specifically resistant to high-energy
impact damage by floating ice or debris.
“Industrial Maintenance Coating” means a high performance architectural coating,
including primers, sealers, undercoaters, intermediate coats, and topcoats, formulated for
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application to
substrates
exposed to one or more of
the following extreme environmental
conditions listed
below,
and labeled as specified in
subsection 223.320(d):
Immersion in
water,
wastewater,
or
chemical solutions (aqueous and non-aqueous
solutions), or chronic exposures
of
interior surfaces
to
moisture condensation;
Acute or chronic exposure to corrosive, caustic, or acidic agents, or to
chemicals,
chemical fumes, or chemical mixtures or solutions;
Repeated exposure to temperatures above 121°C (250°F);
Repeated (frequent) heavy abrasion, including mechanical wear and repeated
(frequent) scrubbing with industrial solvents, cleansers,
or scouring agents; or
Exterior exposure
of metal
structures and structural components.
“Lacquer”
means for purposes of this Subpart, a clear or opaque wood coating,
including
clear lacquer
sanding sealers, formulated with cellulosic or synthetic resins to dry by
evaporation without chemical reaction and to
provide
a solid,
protective film.
“Low-Solids Coating” means a coating containing 0.12 kilogram or less of solids per liter
(1 pound or less of solids
per gallon)
of
coating material.
“Magnesite
Cement Coating” means a coating labeled and formulated for application to
magnesite cement decking to protect the magnesite cement substrate
from erosion
by
water.
“Mastic
Texture Coating”
means a
coating labeled and formulated to cover holes and
minor
cracks and to conceal surface irregularities, and is applied in a single coat
of
at
least
10 mils (0.010 inch) dry film thickness.
“Metallic Pigmented Coating”
means
a coating containing at
least 48 grams of elemental
metallic
pigment per liter
of
coating
as
applied
(0.4
pounds per gallon), when tested in
accordance with SCAQMD Method 318-95, incorporated
by
reference in Section
223.120.
“Multi-Color Coating” means a coating that is packaged in a single
container and that
exhibits
more than one color when applied in
a
single
coat.
“Non-flat Coating”
means
a
coating
that
is
not defined under
any other definition in this
rule and that registers a gloss of 15 or greater on an 85-degree meter and five
or greater
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on
a 60
degree meter according
to ASTM Designation D 523-89 (1999), incorporated by
reference in Section 223.120
or an equivalent method approved by the California Air
Resources Board.
“Non-flat - High Gloss
Coating” means a non-flat coating that registers a gloss of 70 or
above on a 60-degree meter according
to ASTM
Designation
D
523-8
9 (1999),
incorporated by reference into Section 223.120 or an equivalent method approved
by the
CARB.
“Nonindustrial Use” means any use
of
architectural
coatings except
in
the construction or
maintenance of any of the following: facilities used in the manufacturing of goods and
commodities, transportation infrastructure,
including highways, bridges, airports and
railroads,
facilities
used in mining activities, including petroleum extraction, utilities
infrastructure, including power generation and distribution, and water treatment and
distribution systems.
“Nuclear Coating” means a protective coating formulated and recommended to seal
porous surfaces such as steel (or
concrete) that otherwise would be subject to intrusions
by radioactive materials. These coatings must be resistant to long-term (service life)
cumulative radiation exposure [ASTM Method D 4082-02], incorporated
by
reference
in
Section 223.120, relatively easy to decontaminate,
and
resistant
to
various chemicals
to
which
the coatings are likely
to be exposed [ASTM Method D 39 12-95, incorporated
by
reference in Section 223.120].
“Post-Consumer Coating” means a finished coating that would have been disposed
of in a
landfill, having completed its usefulness
to a
consumer,
and does not
include
manufacturing wastes.
“Pre-Treatment Wash Primer” means a primer that contains
a
minimum
of 0.5
acid,
by
weight, when tested in accordance with ASTM Designation D 1613-03, incorporated
by
reference
into Section 223.120
or an equivalent method approved by the CARB, that is
labeled
and formulated for application
directly to bare metal surfaces to provide corrosion
resistance and to promote adhesion
of subsequent topcoats.
“Primer” means for purposes of this Subpart,
a
coating labeled and formulated for
application to a substrate to provide a firm bind between the substrate and subsequent
coats.
“Quick-Dry Enamel” means
a
non-flat
coating that is labeled as specified in subsection
223.320(h) and that is formulated to have the following characteristics:
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Is capable of being applied directly from the container
under
normal conditions
with ambient temperatures
between 16
and 27°C
(60 and 80°F); and
When tested in accordance with ASTM Designation
D 1640-03,
incorporated
by
reference in Section 223.120, or an equivalent method approved
by
the CARB,
sets to touch in two hours or less, is tack free in four hours or less, and dries hard
in eight hours or less by the mechanical test method; and
Has a dried film gloss of
70
or above on a 60-degree meter.
“Quick-Dry Primer Sealer and Undercoater” means a “Primer,” “Sealer,” or
“Undercoater” that
is dry to the touch in 30 minutes and can be recoated in two hours
when tested in accordance with ASTM Designation D 1640-03, incorporated by reference
in
Section 223.120 or an equivalent method approved
by the
CARB.
“Recycled Coating” means an architectural coating formulated such that not less than 50
percent of the total weight consists of secondary and post-consumer coating, with not less
than 10
percent of
the total
weight
consisting of post-consumer coating.
“Residence” means areas where people reside or lodge, including, but not limited to,
single and multiple family dwellings, condominiums,
mobile homes, apartment
complexes, motels, and hotels.
“Roof
Coating” means
a nonbituminous coating labeled and formulated exclusively for
application to roofs for the primary purpose of preventing penetration of the substrate
by
water or
reflecting
heat and ultraviolet radiation. Metallic pigmented roof coatings which
qualify as metallic pigmented coatings, shall
not be
considered in
this category, but shall
be considered to be in the metallic pigmented coatings category.
“Rust
Preventive Coating”
means a coating formulated exclusively for nonindustrial use
to
prevent the corrosion of metal surfaces
and labeled as specified in Section 223.320(f).
“Sanding Sealer” means for purposes of this Subpart,
a
clear or semi-transparent wood
coating labeled and formulated for application to bare wood to seal the wood and
to
provide a
coat that
can be abraded to create a smooth surface for subsequent applications
of
coatings. A “Sanding Sealer” that also
meets the definition of a “Lacquer” is not
included in
this
category, but it is included in the “Lacquer” category.
“Sealer”
means for
purposes of this Subpart, a coating labeled and formulated for
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application to a substrate for one or more of the following purposes: to prevent
subsequent coatings from being absorbed by the substrate, or to prevent harm to
subsequent coatings by materials in the substrate.
“Secondary Coating (Rework)” means a fragment of
a
finished coating or a finished
coating from a
manufacturing
process that has converted resources into a commodity of
real
economic value,
but does not
include
excess virgin resources of the manufacturing
process.
“Shellac” means
a
clear or opaque coating formulated
solely
with the resinous secretions
of the lac beetle (Laciffer lacca), thinned with
alcohol, and formulated to dry by
evaporation without a chemical reaction.
“Shop
Application”
means the application of a coating to a product or a component of a
product in or on the premises of a factory or a shop as
part
of a manufacturing,
production, or repairing process
(e.g.,
original
equipment manufacturing coatings).
“Solicit” means to require for use or to specify
by
written or oral contract.
“Specialty
Primer, Sealer, and Undercoater”
means a coating labeled as specified in
subsection 223.3 20(g) and that is formulated for application to a substrate to seal fire,
smoke, or water damage; to condition excessively chalky surfaces, to seal in
efflorescence,
or to block stains. An
excessively chalky surface is one that is defined as
having a chalk rating of four or less as determined by ASTM Designation D 42 14-98,
incorporated
by
reference in Section 223.120 or
an equivalent method approved by the
CARB.
“Stain” means a clear, semitransparent, or opaque coating labeled and formulated to
change the color
of
a surface, but not conceal the grain pattern or texture.
“Stone
Consolidant” means a coating
that
is labeled
and formulated for application to
stone
substrates to repair historical structures that
have been damaged by weathering or
other decay mechanisms. Stone Consolidants must penetrate into stone substrates to
create bonds between particles and consolidate deteriorated material. Stone Consolidants
must be specified
and
used in accordance with ASTM E2 167-01, incorporated by
reference
in Section 223.120.
Stone
Consolidants are for
professional use only and must be labeled as such, in
accordance with the labeling requirements in
Section
223.320.
“Swimming Pool Coating”
means a coating labeled and formulated to coat the interior of
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swimming
pools
and to resist swimming pooi chemicals.
“Swimming
Pool
Repair and Maintenance Coating” means a rubber-based coating
labeled and
formulated
to be used over existing rubber-based coatings for the repair and
maintenance
of swimming
pools.
“Temperature-Indicator Safety
Coating” means a coating labeled and formulated as a
color-changing indicator coating for the
purpose of monitoring the temperature and safety
of the substrate, underlying piping, or underlying equipment, and for application to
substrates exposed continuously
or intermittently to temperatures above 204°C (400°F).
“Thermoplastic Rubber
Coating and Mastics” means a coating or mastic formulated and
recommended for application to roofing or other structural surfaces and that incorporates
no
less than 40 percent
by
weight
of thermoplastic rubbers in the total resin solids and
may also
contain
other ingredients including, but not limited to, fillers, pigments and
modifying resins.
“Tint Base”
means
an architectural coating to which colorant is added after packaging in
sale units to produce a desired color.
“Traffic Marking Coating” means
a coating labeled and formulated for marking and
striping
streets,
highways, or other traffic surfaces including, but not limited to, curbs,
berets, driveways, parking lots, sidewalks, and airport runways.
“Undercoater” means a coating labeled and formulated
to
provide
a smooth
surface
for
subsequent coatings.
“Varnish”
means
a
clear
or semitransparent wood coating, excluding lacquers and
shellacs, formulated to dry
by
chemical
reaction on exposure to air. Varnishes may
contain small amounts of pigment to color
a
surface,
or to
control the
final fetal
sheen
or
gloss of the
finish.
“VOC
Content” shall have
the same meaning as “VOM Content.”
“VOM Content” means the weight
of
VOM per volume
of coating, calculated according
to
the procedures specified in subsection 223.340(a).
“Waterproofing Concrete/Masonry Sealers”
means clear or pigmented sealers that are
formulated for sealing concrete
and masonry to provide resistance against water, alkalis,
acids,
ultraviolet
light, or staining.
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“Waterproofing
Sealer” means a coating labeled and formulated for application to a
porous substrate for the primary purpose of preventing the penetration of water.
“Wood Preservative”
means a coating labeled and formulated to protect exposed wood
from
decay
or insect
attack that
is registered
with both the USEPA under the Federal
Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C.
section 136,
et. seq.).
Section 223.310
Standards
a)
VOM Content Limits: Except as provided in subsections 223.310(c), no person
shall manufacture,
blend, or repackage for sale within Illinois, supply, sell, or
offer for sale within Illinois, or solicit for application or apply within Illinois, any
architectural coating manufactured on or after January 1, 2009, which contains
a
VOM content in excess of the corresponding limit specified below:
VOM Content Limit
Grams/liter (Pounds/gallon)
Coating Category
1)
Flat Coatings
100
(0.8)
2)
Non-flat Coatings
150
(1.3)
3)
Non-flat-High Gloss Coatings
250
(2.1)
Specialty Coatings
4)
Antenna Coatings
530
(4.4)
5)
Antifouling Coatings
400
(3.3)
6)
Bituminous
Roof Coatings
300
(2.5)
7)
Bituminous Roof Primers
350
(2.9)
8)
Bond
Breakers
350
(2.9)
9)
Calcamine
Recoaters
475
(4.0)
ILLINOIS REGISTER
POLLUTION
CONTROL BOARD
NOTICE OF PROPOSED RULES
10)
Clear Wood Coatings
A)
Clear Brushing Lacquers
680
(5.7)
B)
Lacquers
(including lacquer sanding sealers)
550
(4.6)
C)
Sanding Sealers
(other than lacquer sanding sealers)
350
(2.9)
D)
Varnishes
350
(2.9)
11)
Concrete
Curing
Compounds
350
(2.9)
A)
Concrete Surface Retarder
780g/l (6.5)
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)
16)
Fire-Retardant Coatings
A)
Clear
650
(5.4)
B)
Opaque
350
(2.9)
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)
ILLINOIS
REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED RULES
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, Sealers and Undercoaters
200
(1.7)
34)
Recycled Coatings
250
(2.1)
35)
Roof
Coatings
250
(2.1)
36)
Rust Preventative Coatings
400
(3.3)
37)
Shellacs
A)
Clear
730
(6.1)
B)
Opaque
550
(4.6)
38)
Specialty Primers, Sealers, and Undercoaters
350
(2.9)
39)
Stains
250
(2.1)
ILLINOIS REGISTER
POLLUTION
CONTROL BOARD
NOTICE OF PROPOSED RULES
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)
(Board Note:
Conversion factor:
one pound
VOM
per gallon (U.S.)
= 119.95
grams
per liter.)
b)
Limits are expressed in grams of VOM per liter of coating thinned to the
manufacturer’s maximum
recommendation,
excluding the volume of any water,
exempt compounds, or colorant added to tint bases. “Manufacturers maximum
recommendation” means the maximum recommendation for thinning that is
indicated on the label or lid of the coating container.
c)
Most Restrictive VOM Limit. If anywhere on the container of any architectural
coating,
or
any label or sticker affixed to the container, or in any sales,
advertising, or technical literature
supplied by a
manufacturer
or
anyone
acting on
their behalf, any representation is made that indicates that the coating meets
the
definition of or is recommended for use for more than one of the coating
categories listed in Section 223.310(a), then the most restrictive VOM content
limit
shall
apply. This provision does not apply to the coating categories specified
in
subsections
(c)(1)
through
(c)(20) below:
1)
Lacquer coatings (including lacquer sanding sealers);
2)
Metallic pigmented coatings;
ILLINOIS
REGISTER
POLLUTION CONTROL
BOARD
NOTICE
OF PROPOSED RULES
3)
Shellacs;
4)
Fire-retardant coatings;
5)
Pretreatment
wash primers;
6)
Industrial
maintenance
coatings;
7)
Low-solids
coatings;
8)
Wood
preservatives;
9)
High-temperature
coatings;
10)
Temperature-indicator
safety
coatings;
11)
Antenna
coatings;
12)
Antifouling
coatings;
13)
Flow coatings;
14)
Bituminous roof primers;
15)
Specialty primers, sealers,
and undercoaters.
16)
Conversion Varnish
17)
Calcimine Recoaters
18)
Impacted Immersion
Coatings
19)
Nuclear
Coatings
20)
Thermoplastic
Rubber
Coating and Mastics
21)
Concrete Surface
Retarder
d)
Painting
Practices. All
architectural coating containers
used to apply
the contents
therein
to a surface
directly
from
the
container
by
pouring, siphoning, brushing,
ILLINOIS REGISTER
POLLUTION
CONTROL BOARD
NOTICE OF PROPOSED RULES
rolling, padding, ragging, or other means, shall
be
closed when not in use. These
architectural coatings containers include,
but
are not limited to, drums, buckets,
cans, pails, trays, or other application containers. Containers of any
VOM-containing materials used for thinning and cleanup shall also be closed
when not in use.
e)
Thinning. No person who applies or solicits the application of any
architectural
coating
shall apply
a coating
that is
thinned to exceed the
applicable VOM limit
specified in Section 223.3 10(a).
f)
Rust
Preventive Coatings. No person
shall
apply
or
solicit the application of any
rust preventive coating for industrial use unless such a rust preventive coating
complies with the industrial maintenance coating VOM limit specified in Section
223.310(a). If the coating is also regulated under another Part, the more
restrictive limit shall apply.
g)
Coatings Not Listed in Section
223.3
10(a). For any coating that does
not meet
any of the definitions for the specialty coatings categories listed in Section
223.310(a), the VOM content limit shall be determined
by
classifying the coating
as a fiat
coating,
a
non-flat coating,
or a non-flat
high-gloss coating, based on
its
gloss, as defined in Section 223.3 07, and the corresponding flat or
non-flat
coating limit shall apply.
Section
223.320
Container Labeling Requirements
Each
manufacturer of any architectural coatings subject to this Subpart shall display the
information listed
in subsections 223.320(a) through 223.320(j) on the coating container (or
label) in
which the coating is sold or distributed.
a)
Date Code.
The date the
coating was
manufactured, or
a
date
code
representing
the
date, shall be indicated on the label, lid or bottom of the container. If the
manufacturer uses a date code for any coating, the manufacturer shall file an
explanation of each code with the Agency upon request.
b)
Thinning Recommendations.
A statement of the
manufacturer’s recommendation
regarding thinning of the coating shall
be
indicated on the label or lid of the
container. This
requirement
does not apply to the thinning of architectural
coatings
with water. If thinning
of the coating prior
to
use
is
not
necessary,
the
recommendation must specify that the coating is to be applied without thinning.
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE
OF PROPOSED
RULES
c)
VOM or VOC Content. Each container of any coating subject to this rule shall
display either the maximum or the actual VOM content of the coating, as
supplied, or the actual VOM content including the maximum thinning as
recommended by the manufacturer. VOM content shall be displayed in grams of
VOM per liter of coating. VOM content displayed shall be calculated using
product formulation data, or shall be determined using the test methods in
subsection 223.340(b).
The equations in subsection 223.340(a) shall be used to
calculate VOM content.
In each of the above cases, the term
“VOC content”
shall
have the same meaning as “VOM content.”
d)
Industrial Maintenance
Coatings. In addition to the
information specified in
subsection (a), (b), and (c), each manufacturer of any industrial maintenance
coating subject to this rule shall
display on the label or the
lid of the container in
which the coating is sold or distributed one or more of the descriptions listed in
subsections (d)(l) through (d)(3):
1)
“For industrial use only;”
2)
“For professional
use
only;”
3)
“Not for residential use” or “Not intended for residential use.”
e)
Clear Brushing Lacquers.
The labels of all clear brushing lacquers
shall promi
nently display the statements “For brush application only,” and “This product
must not be thinned or sprayed.”
f)
Rust Preventive Coatings. The labels
of all rust preventive
coatings shall
promi
nently display the statement “For Metal Substrates Only.”
g)
Specialty Primers, Scalers,
and Undercoaters. The labels of all specialty primers,
scalers, and undercoaters shall prominently
display one
or more of the
descriptions listed in subsection (g)(1) through
(g)(5):
1)
“For blocking stains;”
2)
“For fire-damaged
substrates;”
3)
“For smoke-damaged substrates;”
4)
“For water-damaged
substrates;”
ILLINOIS
REGISTER
POLLUTION CONTROL
BOARD
NOTICE
OF PROPOSED
RULES
5)
“For excessively
chalky substrates.”
h)
Quick Dry Enamels.
The labels of all quick
dry enamels
shall prominently
display
the words “Quick
Dry” and the dry hard
time.
i)
Non-Flat
High-Gloss
Coatings.
The labels of
all non-flat high-gloss
coatings
shall prominently display
the words “High
Gloss.”
j)
Stone Consolidants:
Effective January
1,
2010,
the
labels of all Stone
Consolidants
shall prominently display
the statement “Stone
Consolidant - For
Professional Use
Only”.
Section 223.330
Record
Keeping
and
Reporting
Requirements
a)
Clear Brushing
Lacquers. Each
manufacturer of clear
brushing lacquers
shall
report the
following information
for products
sold in Illinois, upon
request of the
Agency,
within 90 days written
notice:
1)
The number
of gallons of clear brushing
lacquers sold in
the state during
the preceding
calendar year; and
2)
The method
used
by
the manufacturer
to calculate state
sales.
b)
Rust Preventive
Coatings. Each manufacturer
of rust preventive
coatings shall
report the
following
information for products
sold
in
Illinois,
upon request of
the
Agency, within
90 days written notice:
1)
The number
of gallons
of rust
preventive coatings sold
in the state during
the preceding
calendar year; and
2)
The method used by
the manufacturer to calculate
state sales.
c)
Specialty Primers,
Sealers,
and
Undercoaters.
Each
manufacturer of specialty
primers, sealers,
and undercoaters
shall report the following
information for
products sold in
Illinois, upon request
of the Agency, within
90 days written
notice:
1)
The number
of gallons of specialty
primers, sealers, and
undercoaters sold
in the state
during the preceding
calendar year; and
ILLINOIS
REGISTER
POLLUTION
CONTROL BOARD
NOTICE
OF PROPOSED RULES
2)
The
method used by the manufacturer
to calculate
state
sales.
d)
Toxic
Exempt
Compounds.
For each architectural
coating that contains
perchioroethylene
or
methylene chloride,
the manufacturer shall
report the
following
information
for products sold
in Illinois, upon request
of the Agency,
within 90 days written
notice:
1)
The
product brand name
and a copy of the product
label with the legible
usage instructions;
2)
The
product category
listed in Section 223.210(a)
to which the coating
belongs;
3)
The
total sales in Illinois
during the calendar year
to the nearest gallon;
and
4)
The
volume
percent, to the nearest
0.10 percent, of
perchioroethylene and
methylene chloride
in the coating.
e)
Recycled
Coatings.
1)
Manufacturers of recycled
coatings
must submit a letter
to the Agency
self-certifying
their
status as a Recycled
Paint Manufacturer
upon request
of the Agency, within
90
days written notice.
2)
Each recycled coatings
manufacturer shall
report the following
information
for products
sold in Illinois,
upon request of the
Agency,
within
90 days
written
notice:
A)
The
number of gallons of recycled
coatings
sold in the state during
the
preceding calendar
year;
and
B)
The
method used
by the manufacturer
to calculate state sales.
f)
Bituminous
Coatings. Each
manufacturer
of
“Bituminous
Roof
Coatings” or
“Bituminous
Roof Primers”
shall report the following
information
for
products
sold in
Illinois, upon
request of the Agency,
within 90 days written
notice:
1)
The number of gallons
of “Bituminous
Roof Coatings”
or “Bituminous
ILLINOIS
REGISTER
POLLUTION CONTROL
BOARD
NOTICE
OF PROPOSED RULES
Roof Primers” sold in
the state during the preceding calendar year; and
2)
The method used
by the manufacturer to calculate state sales.
Section 223.340
Compliance Provisions
and Test Methods
a)
Calculation of VOM Content. For
the
purpose
of determining
compliance
with
the VOM content limits in Section 223.310(a), the VOM content of a coating
shall be
determined
by using the procedures described in subsections
223.340(a)(1) or 223.340(a)(2), as
appropriate. The VOM content of a tint base
shall be determined without colorant that is added after the tint base is
manufactured.
1)
With the exception of low solids
coatings, determine the VOM content in
grams of VOM per liter
of coating thinned to the manufacturer’s maximum
recommendation, excluding the volume of any water and exempt
compounds. Determine the VOM
content as follows:
VOM Content
=
(Ws
- Ww - Wem)
(Vm - Vw - Vem)
Where:
VOM content = grams of VOM
per liter of coating
Ws
= weight of volatiles, in grams
Ww
= weight of water,
in grams
Wem
= weight of exempt materials, in grams
Vm
= volume
of coating, in liters
Vw
volume of water, in liters
Vem
= volume of exempt materials, in liters
2)
For low
solids coatings, determine the VOM content in units of grams
of
VOM per liter
of coating thinned to the manufacturer’s maximum
recommendation, including the
volume of any water and exempt
compounds. Determine the VOM content
as follows:
VOM Content
(ls)
= (Ws
- Ww — Wem
(Vm)
Where:
ILLINOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE
OF
PROPOSED RULES
VOM
content
(is) = the VOM content of
a
iow soiids coating in grams per
liter
of coating
Ws
weight of volatile, in grams
Ww
weight of water, in grams
Wem
= weight of exempt materials, in grams
Vm
= volume of coating, in liters
b)
VOM Content of Coatings. To determine
the
physical properties
of a coating in
order to perform
the calculations in subsection 223.3 40(a), the reference method
for VOM content is USEPA
Method 24, incorporated by reference in Section
223.120,
except as provided in subsections 223.350 and 223.360. An alternative
method to determine the VOM
content of coatings is SCAQMD Method 304-9 1
(Revised February
1996), incorporated by
reference
in Section 223.120. The
exempt compounds content shall be determined
by
SCAQMD
Method 303-91,
incorporated by reference in
subsection Section 223.120. To determine the VOM
content of
a coating, the manufacturer may use USEPA Method 24, or an
equivalent alternative method, as provided in Section 223.350, formulation
data,
or any other reasonable means for
predicting that the coating has been formulated
as
intended
(e.g.
quality
assurance checks, recordkeeping). However, if there are
any
inconsistencies
between the results of a Method 24 test and any other means
for determining VOM content, the Method 24
results will govern, except when an
equivalent alternative
method is approved as specified in Section 223.3 50. The
Agency may require the manufacturer to conduct a Method 24 analysis.
Section 223.350
Alternative Test Methods
Other
test methods demonstrated to provide results that
are
acceptable
for purposes of deter
mining
compliance
with
subsection 223.340(b), after review and approved in writing
by
the
Agency and the
USEPA may also
be used.
Section
223.360
Methacrylate Traffic Coating
Markings
Analysis of methacrylate multi-component coatings used
as
traffic marking
coatings shall be
conducted
according to
a modification of USEPA Method 24 (40 CFR
59, subpart
D, Appendix
A),
incorporated
by reference in Section
223.120 or an equivalent method approved by the
CARB.
This method has not been approved for methacrylate
multi-component coatings used for
purposes
other
than
as
traffic
marking coatings or for other classes of multi-component
coatings.
Section 223.370
Test Methods
ILJJNOIS REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED RULES
The following
test methods are incorporated by reference herein, and shall be used to test
coatings subject to the provisions of this Subpart:
a)
Flame Spread Index. The flame spread index of a fire-retardant coating shall be
determined
by the ASTM Designation E 84-07, “Standard Test Method
for
Surface Burning Characteristics of Building Materials,”
as
incorporated
by
reference in Section 223.120 (see Section 223.307, Fire-Retardant Coating) or an
equivalent method approved by the CARB.
b)
Fire-Resistance Rating. The fire-resistance rating of a fire-resistive coating shall
be
determined
by ASTM designation E 119-98, “Standard Test
Methods for
Fire
Tests of Building Construction Materials,” as incorporated by reference in Section
223.120, (see Section 223.307, Fire-Resistive Coating)
or
an equivalent method
approved
by the CARB.
c)
Gloss Determination. The gloss of
a
coating shall
be
determined
by
ASTM
Designation
D
523-89
(1999), “Standard Test Method for Specular
Gloss,”
as
incorporated by reference in Section 223.120, (see Section 223.307, Flat Coating,
Non-flat Coating, Non-flat - High-Gloss Coating, and Quick Dry Enamel), or an
equivalent method approved
by
the CARB.
d)
Metal Content of Coatings. The metallic content of a coating shall be determined
by
SCAQMD Method
318-95, “Determination of Weight
Percent Elemental
Metal in Coatings by X-Ray Diffraction,” SCAQMD “Laboratory Methods of
Analysis for Enforcement
Samples,” as incorporated by
reference in Section
223.120, (see Section 223.307, Metallic Pigmented Coating).
e)
Acid Content of Coatings.
The
acid content
of a
coating shall
be
determined
by
ASTM Designation D 16 13-03, “Standard Test Method for Acidity in Volatile
Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer and Related
Products,” as incorporated by reference in Section 223.120, (see Section 223.307,
Pre-Treatment
Wash Primer) or an equivalent method approved by the CARB.
f)
Drying Times. The set-to-touch, dry-hard,
dry-to-touch
and dry-to-recoat times
of a coating shall be determined by ASTM Designation D 1640-03, “Standard
Methods for Drying,
Curing, or Film Formation of Organic Coatings at Room
Temperature,” as incorporated
by
reference in Section 223.120,
(see
Section
223.3
07,
Quick-Dry Enamel
and Quick-Dry Primer, Sealer, and Undercoater).
The tack free time of a quick-dry enamel coating shall be determined by the
ILLINOIS REGISTER
POLLUTION
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NOTICE OF PROPOSED RULES
Mechanical Test Method of ASTM Designation D 1640-03 or an equivalent
method approved by the CARB.
g)
Surface Chalkiness. The chalkiness of a surface shall be determined using ASTM
Designation D 42 14-98, “Standard Test Methods for Evaluating the Degree of
Chalking of Exterior Paint Films,” as incorporated by reference in Section
223.120, (see
Section 223.307,
Specialty Primer, Sealer, and Undercoater) or an
equivalent method approved
by
the CARB.
h)
Exempt Compounds — Siloxanes. Exempt compounds that are cyclic, branched,
or
linear, completely methylated siloxanes, shall
be
analyzed as exempt
compounds for compliance with Section 223.340 by BAAQMD Method
43,
“Determination of Volatile Methylsiloxanes in Solvent-Based Coatings, Inks, and
Related Materials,”
BAAQMD
Manual of Procedures, Volume III, proposed
amendment February 4, 2004, as incorporated by reference in Section 223.120,
(see Section 223.3 07, VOM content,
and
subsection 223.340(b)).
i)
Exempt Compounds - Parachlorobenzotrifluoride (PCBTF). The exempt
compound parachlorobenzotrifluoride, shall be analyzed as an exempt compound
for compliance
with Section 223.340
by
BAAQMD
Method
41, “Determination
of Volatile Organic Compounds in Solvent-Based Coatings and Related
MaterialsContaining Parachlorobenzotrifluoride,” BAAQMD Manual of
Procedures,
Volume III, proposed amendment February 4, 2004,
as
incorporated
by reference in Section 223.120, (see Section 223.307, Volatile Organic Material,
and subsection 223.340(b)).
j)
Exempt Compounds. The content of compounds exempt under USEPA Method
24 shall be analyzed by SCAQMD Method 303-91 (Revised 1993),
“Determination of Exempt Compounds,” SCAQMD “Laboratory Methods of
Analysis for Enforcement Samples,”
as
incorporated
by
reference
in
Section
223.120, (see Section 223.307, Volatile Organic Material, and subsection
223.340(b)).
k)
VOM Content of
Coatings.
The VOM content of a coating shall be determined
by USEPA
Method 24
as
it exists in
Appendix A of 40 Code of Federal
Regulations (CFR) Part
60,
“Determination
of
Volatile Matter Content, Water
Content, Density, Volume Solids, and Weight Solids of Surface Coatings,” as
incorporated
by
reference in Section
223.120, (see subsection 223.340(b)) or an
equivalent method approved by the CARB.
ILJJNOIS
REGISTER
POLLUTION CONTROL BOARD
NOTICE OF PROPOSED RULES
1)
Alternative VOM
Content of Coatings. The VOM content of
coatings
may be
analyzed
by
either USEPA
Method 24 or SCAQMD Method 304-9 1
(Revised
1996),
“Determination
of Volatile Organic Compounds (VOC) in
Various
Materials,” SCAQMD
“Laboratory Methods of Analysis for
Enforcement
Samples,” as incorporated
by reference in Section 223.120, (see
subsection
223.340(b)), as incorporated
by reference in Section
223.120.
m)
Methacrylate Traffic Marking Coatings. The VOM content of methacrylate
muticomponent
coatings used as traffic marking coatings shall be analyzed by the
procedures in 40 CFR part
59, subpart D, appendix A,
“Determination of Volatile
Matter Content of Methacrylate Multicomponent Coatings Used as Traffic
Marking Coatings,” (June
30,
1999),
as incorporated by
reference in Section
223.120, (see subsection 223.360) or an equivalent method approved by the
CARB.