ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Charles E. Ma
iesian
Assistant Counsel
Division of Legal Counsel
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
?
)
)
PROPOSED NEW 35
ILL. ADM. CODE )
PART 223 STANDARDS AND
)
LIMITATIONS FOR ORGANIC
)
MATERIAL EMISSIONS FOR AREA )
SOURCES
)
g
-11
(Rule =kin g – Air)
RECEIVED
CLERKS OFFICE
JAN 6 2 2098
STATE
OF ILLINOIS
Pollution Control Board
NOTICE
TO: Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601-3218
Matthew Dunn, Chief
Division of Environmental Enforcement
Office of the Attorney General
188 West Randolph St., 20th
Floor
Chicago, IL 60601
Virginia Yang
Deputy Legal Counsel
Illinois Department of Natural Resources
One Natural Resources Way
Springfield, IL 62702
PLEASE TAKE NOTICE that I have today filed with the Office of the Pollution Control
Board the
REGULATORY PROPOSAL entitled "PROPOSED NEW 35 ILL. ADM. CODE
PART 223 STANDARDS AND LIMITATIONS FOR ORGANIC MATERIAL EMISSIONS
FOR AREA SOURCES," MOTION FOR WAIVER OF REQUIREMENTS and
APPEARANCE
of the Illinois Environmental Protection Agency a copy of which is herewith
served upon you.
DATED: December 31, 2007
1021 North Grand Avenue East
P.O. Box 19276
Springfield, Illinois
62794-9276
217.782.5544
217.782.9143 (TDD)
THIS FILING IS SUBMITTED
ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVED
CLERK'S OFFICE
JAN 0 2 2008
STATE OF ILLINOIS
(16
Al
Pollution Control
Board
Rcre
(Rulemaking – Air)
IN THE MATTER OF:
?
)
)
PROPOSED NEW 35
ILL.
ADM. CODE )
PART
223
STANDARDS AND? )
LIMITATIONS FOR ORGANIC
?
)
MATERIAL EMISSIONS FOR AREA )
SOURCES
?
)
APPEARANCE
The undersigned, as one of its attorneys, hereby enters an Appearance on behalf
of the Illinois Environmental Protection Agency.
Respectively Submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By: ?
Charles E. Matoesian
Assistant Counsel
Division of Legal Counsel
DATED: December 28, 2007
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-5544
CLERK'S
OFFICE
V
STATE OF ILLINOI
RECSIcD
t r
2
:1 Boats
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDPollu
:
Ao
nN
IN THE MATTER OF:
? )
PROPOSED NEW 35
ILL.
ADM. CODE)
?
,ft2
0(
1
PART
223
STANDARDS AND?)?
R07 -
LIMITATIONS FOR ORGANIC?
)?
(Rulemaking — Air)
MATERIAL EMISSIONS FOR AREA )
SOURCES?
)
MOTION FOR WAIVER OF REQUIREMENTS
NOW COMES Proponent, the ILLINOIS ENVIRONMENTAL PROTECTION
AGENCY ("Illinois EPA"), by its attorney, Charles E. Matoesian, and pursuant to 35 III. Adm.
Code and 101.500, 102.110, 102.402, moves that the Illinois Pollution Control Board ("Board")
waive certain requirements, namely that Illinois EPA submit the original and nine copies of the
regulatory proposal including the incorporations by reference and all documents relied upon. In
support of its Motion, Illinois EPA states as follows:
1.
Section 102.200 of the Board's procedural rules requires that the original and nine
copies of each regulatory proposal be filed with the Clerk. This entire regulatory proposal will
likely consist of over 1,000 pages. Given the length of the proposal and the resources required to
provide nine copies, Illinois EPA requests that it be allowed to file the original and four complete
copies of the proposal plus five partial copies, the partial copies consisting of Table of Contents,
Statement of Reasons, Technical Support Document, pleadings, and the proposed rule absent
documents relied upon and incorporations by reference.
2.
Section 27 (a) of the Environmental Protection Act ("Act") requires Illinois EPA
to provide information supporting the proposal. 415 ILCS 5/27 (a). In doing so, the Illinois EPA
has provided documents which were directly relied upon while drafting the regulatory proposal.
The list of documents relied upon is found in Attachment A. The documents listed in
Attachment A are quite large in number and length. For that reason, Illinois EPA requests that
the Board waive the normal copy requirements and allow Illinois EPA to file an original and four
copies of the documents listed in Attachment A.
3.?
Section 5-75(a) of the Illinois Administrative Procedure Act ("IAPA") provides
in relevant part that an agency may incorporate by reference the regulations, standards and
guidelines of an agency of the United States or a nationally recognized organization or
association without publishing the incorporated material in full. 5 ILCS 100/5-75(a). Further,
Section 5-75(b) of the IAPA provides in relevant part that the agency adopting a rule or
regulation under the IAPA shall maintain a copy of the referenced rule, regulation, standard or
guideline in at least one of its principal offices and shall make it available to the public upon
request. 5 ILCS 100/5-75(b). In developing this proposed rulemaking, Illinois EPA has
incorporated by reference certain documents. The documents incorporated by reference are
readily accessible to, or are already within the possession of, the Board. Given this ease of
accessibility, and the lengthy nature of the documents, Illinois EPA requests that the Board
waive the normal copy requirements of Section 102.200 of the Board's procedural rues and
allow Illinois EPA to not file any copies of the documents listed in Attachment B which are
denoted with an asterisk. Due to the number of documents, Illinois EPA requests that the Board
waive the normal copy requirements and allow Illinois EPA to file an original and four copies of
the remainder of the documents listed in Attachment B.
WHEREFORE, for the reasons set forth above, Illinois EPA requests that the Board
2
waive the copy requirement and allow Illinois EPA to provide the Board with an original and
four complete copies of the proposal, along with five partial copies as described
supra.
Further,
Illinois EPA requests that the Board allow Illinois EPA to file an original and four copies of the
documents relied upon as listed in Attachment A. Finally, the Illinois EPA requests that the
Board allow the Illinois EPA to file either no copies or an original and four copies of the
incorporations by reference as listed in Attachment B.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
By: Charles
E. Matoesian
Assistant Counsel
Division of Legal Counsel
DATED:
1021 N. Grand Ave., East
P.O. Box 19276
Springfield, Illinois 62794-9276
217.782.5544
217.782.9143 (TDD)
3
Attachment
A
Documents Relied Upon
1. Emission Inventory Improvement Program Volume III: Chapter 5 – Consumer
and Commercial Solvent Use, Eastern Research Group, NC, August 1996.
Illinois 2002 Periodic Emissions Inventory and Milestone Demonstration, Illinois
Environmental Protection Agency, Springfield, IL, November 2004.
3. Interim
White Paper – Midwest RPO Candidate Control Measures, Source
Category: Consumer and Commercial Products, MACTEC, December 1, 2005.
Example Complying Formulas, 2004 Consumer Products Amendments, State of
California Air Resources Board, March 18, 2004.
5. Initial
Statement of Reasons for the Proposed Amendments to the California
Aerosol Coating Products Antiperspirants and Deodorants and Consumer
Products Regulations Test Method 310, and Airborne Toxic Control Measure for
Para-Dichlorobenzene Solid Air Fresheners and Toilet/Urinal Care Products,
State of California Air Resources Board, May 7, 2004.
Initial Statement of Reasons for Amendments to the California Consumer
Products Regulation, State of California Air Resources Board, September 10,
1999.
7.
National Volatile Organic Compound Emission Standards for Aerosol Coatings,
Proposed Rule, 72
FR
38952-38991, July 16, 2007.
8.
National Volatile Organic Compound Emission Standards for Aerosol Coatings,
Cost Impacts Analysis, U.S. Environmental Protection Agency Office of Air
Quality Planning and Standards, Sector Policies and Programs Division, Research
Triangle Park, North Carolina 27711, June 2007.
9.
Interim White Paper - Midwest RPO Candidate Control Measures, Source
Category, MACTEC, December 1, 2005.
10.
Estimated VOC Emission Reductions and Economic Impact Analysis for
Proposed Amendments to Chemically Formulated Consumer Products, The State
of New Jersey Department of Environmental Protection, July 3, 2003.
11.
Regulation for Reducing the Ozone Formed from Aerosol Coating Product
Emissions, Title 17, California Code of Regulations, Article 3, Aerosol Coating
Products, Sections 94521-94524 and 94526, approved June 18, 2001.
12.
Regulation for Reducing Volatile Organic Compound Emissions from Consumer
Products, Title 17 California Code of Regulations Sections 94507, 94508, 94509,
94513, 94514, and 94515, November 19, 2000.
13.
Staff Report for the Proposed Suggested Control Measure for Architectural
Coatings, California Air Resources Board, June 2000.
14.
Estimated VOC Emission Reductions and Economic Impact Analysis for
Proposed Amendments to Architectural Coatings Rule, The State of New Jersey
Department of Environmental Protection, June 12, 2003.
15.
Illinois Base Year Ozone Inventory for 2002, Illinois Environmental Protection
Agency, Springfield, IL, June 2006.
16.
Model Rule for Consumer Products, Ozone Transport Commission, November
29, 2001.
17.
AIM OTC Model Rule, Ozone Transport Commission, March 6, 2001.
18.
Control Measure Development Support Analysis of Ozone Transport Commission
Model Rules, E.H. Pechan and Associates, March 31, 2001.
Attachment B
Incorporations by
Reference
a)
40 CFR 59, Subpart D, Appendix A, Determination 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, (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 (July 1, 2006). *
d)
40 CFR 82, Subpart A, Production and Consumption Controls,
Appendices A and B July 1, 2006. *
e)
29 CFR 1910.1200(d)(4), Hazard Communication July 1, 2006. *
0?
American Society for Testing and Materials (ASTM), 1916 Race Street,
Philadelphia, PA, 19103.
1)
ASTM E119-05a, Standard Test Methods for Fire Tests of
Building Construction and Materials, approved November 1, 2005.
2)
ASTM Designation D523-89, 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 D 3912-95, Test Method for Chemical Resistance
of Coating Used in Light-Water Nuclear Power Plants, approved
2001.
5)
ASTM Method D 4082-02, 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, Standard Test Method for Determining Whether
a Material is a Liquid or a Solid, approved 2006.
10)
ASTM E260-96, Standard Practice for Packed Column Gas
Chromatography, reapproved 2006.
11)
ASTM D5043-04, Standard Test Methods for Field Identification
of Coatings, approved 2004.
12)
ASTM E2167-01, "Standard Guide for Selection and Use of Stone
Consolidants" (see section 4, Stone Consolidant), approved 2001.
13)
ASTM C836-06, Specification for High Solids Content, Cold
Liquid-Applied Elastomeric Waterproofing Membrane for Use
with Separate Wearing Course, approved 2006.
g)
South Coast Air Quality Management District (SCAQMD) Method 304-
91, Determination of Volatile Organic Compounds in Various Materials,
revised February 1996.
h)
SCAQMD Method 303-91, Determination of Exempt Compounds, revised
February 1993.
SCAQMD Method 318-95, Determination of Weight Percent Elemental
Metal in Coatings by X-Ray Diffraction, approved August 10, 1998.
Bay Area Air Quality Management District (BAAQMD) Method 43,
Determination of Volatile Methylsiloxanes in Solvent-Based Coatings,
Inks, and Related Materials, amended May 18, 2005.
k)
?
BAAQMD Method 41, Determination of Volatile Organic Compounds in
Solvent-Based Coatings and Related Materials Containing
Parachlorobenzotri fluoride, amended May 18, 2005.
1)?
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.
m)
SCAQMD Rule 1174, Ignition Method Compliance Certification Protocol
(February 27, 1991).
n)
Cal. Admin. Code title 17 § 94509(h), Standards for Consumer Products
(2005).
o)
California Code, Health and Safety Code, § 41712(h)(2) (2005).
p)
Cal. Admin. Code title 17, Article 4, Alternate Control Plan §§ 94540-
94555, (1996).
q)
Cal. Admin. Code title 17 § 94511, Innovative Products (1997).
r)
Cal. Admin. Code title 17 § 94503.5, Innovative Products (1996).
s)
7 USC 136 to 136y, FIFRA, Environmental Pesticide Control, published
January 19, 2004, in Supplement III of the 2000 Edition of the United
States Code.
t)
Federal Specification MMM-A-181D, Adhesives, Phenol, Resorcinol, or
Melamine Base (1980).
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
?
)
PROPOSED NEW 35
ILL.
ADM. CODE )
PART
223
STANDARDS AND
?
)
LIMITATIONS FOR ORGANIC
?
)
MATERIAL EMISSIONS FOR AREA )
SOURCES
?
)
a
Al
Rain
(Rulemaking – Air)
RECEIVED
CLERKS OFFICE
JAN 0 2 2088
STATE OF ILLINOIS
Pollution Control Board
TABLE OF CONTENTS OF REGULATORY SUBMITTAL
1.
Notice of Filing
2.
Appearance of Charles E. Matoesian, Assistant Counsel, for the Illinois
Environmental Protection Agency
3.
Proposal of Regulations by Director Douglas P. Scott
4.
Agency Analysis of Economic and Budgetary Effects
5.
Motion for Waiver of Requirements
6.
Synopsis of Testimony
7.
Statement of Reasons
8.
First Notice Form for New 35 Ill. Adm. Code 223
9.
Proposed New 35 Ill. Adm. Code 223
10.
Technical Support Document for Control of Volatile Organic Material Emissions
from Consumer and Commercial Products, Architectural and Industrial
Maintenance Coatings, and Aerosol Coatings,
AQPSTR 07-02, Illinois
Environmental Protection Agency, November, 2007.
11.
Documents Relied Upon (See Attachment A)
12.
Incorporations by Reference (See Attachment B)
13.
Certificate of Service
Attachment
A
Documents Relied Upon
1.
Emission Inventory Improvement Program Volume III: Chapter 5 – Consumer
and Commercial Solvent Use, Eastern Research Group, NC, August 1996.
2.
Illinois 2002 Periodic Emissions Inventory and Milestone Demonstration, Illinois
Environmental Protection Agency, Springfield, IL, November 2004.
3.
Interim White Paper – Midwest RPO Candidate Control Measures, Source
Category: Consumer and Commercial Products, MACTEC, December 1, 2005.
4.
Example Complying Formulas, 2004 Consumer Products Amendments, State of
California Air Resources Board, March 18, 2004.
5.
Initial Statement of Reasons for the Proposed Amendments to the California
Aerosol Coating Products, Antiperspirants and Deodorants, and Consumer
Products Regulations, Test Method 310, and Airborne Toxic Control Measure for
Para-Dichlorobenzene Solid Air Fresheners and Toilet/Urinal Care Products,
State of California Air Resources Board, May 7, 2004.
6.
Initial Statement of Reasons for Amendments to the California Consumer
Products Regulation, State of California Air Resources Board, September 10,
1999.
7.
National Volatile Organic Compound Emission Standards for Aerosol Coatings,
Proposed Rule, 72
FR
38952-38991, July 16, 2007.
8.
National Volatile Organic Compound Emission Standards for Aerosol Coatings,
Cost Impacts Analysis, U.S. Environmental Protection Agency Office of Air
Quality Planning and Standards, Sector Policies and Programs Division, Research
Triangle Park, North Carolina 27711, June 2007.
9.
Interim White Paper - Midwest RPO Candidate Control Measures, Source
Category : Architectural and Industrial Coatings, MACTEC, December 1, 2005.
10.
Estimated VOC Emission Reductions and Economic Impact Analysis for
Proposed Amendments to Chemically Formulated Consumer Products, The State
of New Jersey Department of Environmental Protection, July 3, 2003.
11.
Regulation for Reducing the Ozone Formed from Aerosol Coating Product
Emissions, Title 17, California Code of Regulations, Article 3, Aerosol Coating
Products, Sections 94521-94524 and 94526, approved June 18, 2001.
12.
Regulation for Reducing Volatile Organic Compound Emissions from Consumer
Products, Title 17 California Code of Regulations Sections 94507, 94508, 94509,
94513, 94514, and 94515, November 19, 2000.
13.
Staff Report for the Proposed Suggested Control Measure for Architectural
Coatings, California Air Resources Board, June 2000.
14.
Estimated VOC Emission Reductions and Economic Impact Analysis for
Proposed Amendments to Architectural Coatings Rule, The State of New Jersey
Department of Environmental Protection, June 12, 2003.
15.
Illinois Base Year Ozone Inventory for 2002, Illinois Environmental Protection
Agency, Springfield, IL, June 2006.
16.
Model Rule for Consumer Products, Ozone Transport Commission, November
29, 2001.
17.
AIM OTC Model Rule, Ozone Transport Commission, March 6, 2001.
18.
Control Measure Development Support Analysis of Ozone Transport Commission
Model Rules, E.H. Pechan and Associates, March 31, 2001.
Attachment B
Incorporations by
Reference
a)
40 CFR 59, Subpart D, Appendix A, Determination 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, (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 (July
1, 2006). *
d)
40 CFR 82, Subpart A, Production and Consumption Controls,
Appendices A and B July 1, 2006. *
e)
29 CFR 1910.1200(d)(4), Hazard Communication July 1, 2006. *
1)?
American Society for Testing and Materials (ASTM), 1916 Race Street,
Philadelphia, PA, 19103.
1)
ASTM E119-05a, Standard Test Methods for Fire Tests of
Building Construction and Materials, approved November 1, 2005.
2)
ASTM Designation D523-89, 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 D 3912-95, Test Method for Chemical Resistance
of Coating Used in Light-Water Nuclear Power Plants, approved
2001.
5)
ASTM Method D 4082-02, 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, Standard Test Method for Determining Whether
a Material is a Liquid or a Solid, approved 2006.
10)
ASTM E260-96, Standard Practice for Packed Column Gas
Chromatography, reapproved 2006.
11)
ASTM D5043-04, Standard Test Methods for Field Identification
of Coatings, approved 2004.
12)
ASTM E2167-01, "Standard Guide for Selection and Use of Stone
Consolidants" (see section 4, Stone Consolidant), approved 2001.
13)
ASTM C836-06, Specification for High Solids Content, Cold
Liquid-Applied Elastomeric Waterproofing Membrane for Use
with Separate Wearing Course, approved 2006.
g)
South Coast Air Quality Management District (SCAQMD) Method 304-
91, Determination of Volatile Organic Compounds in Various Materials,
revised February 1996.
h)
SCAQMD Method 303-91, Determination of Exempt Compounds, revised
February 1993.
SCAQMD Method 318-95, Determination of Weight Percent Elemental
Metal in Coatings by X-Ray Diffraction, approved August 10, 1998.
Bay Area Air Quality Management District (BAAQMD) Method 43,
Determination of Volatile Methylsiloxanes in Solvent-Based Coatings,
Inks, and Related Materials, amended May 18, 2005.
k)?
BAAQMD Method 41, Determination of Volatile Organic Compounds in
Solvent-Based Coatings and Related Materials Containing
Parachlorobenzotri fluoride, amended May 18, 2005.
1)
?
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.
m)
SCAQMD Rule 1174, Ignition Method Compliance Certification Protocol
(February 27, 1991).
n)
Cal. Admin. Code title 17 § 94509(h), Standards for Consumer Products
(2005).
o)
California Code, Health and Safety Code, § 41712(h)(2) (2005).
p)
Cal. Admin. Code title 17, Article 4, Alternate Control Plan §§ 94540-
94555, (1996).
q)
Cal. Admin. Code title 17 § 94511, Innovative Products (1997).
r)
Cal. Admin. Code title 17 § 94503.5, Innovative Products (1996).
s)
7 USC 136 to 136y, FIFRA, Environmental Pesticide Control, published
January 19, 2004, in Supplement III of the 2000 Edition of the United
States Code.
t)
Federal Specification MMM-A-181D, Adhesives, Phenol, Resorcinol, or
Melamine Base (1980).
A
LERK'S
OFFICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOA
ECEivED
JAN 0 2 2003
STATE OF ILLINOIS
Pollution Control Board
ILLINOIS ENVIRONMENTAL PROTECTION AGENCY PROPOSAL OF
REGULATIONS
The Illinois Environmental Protection Agency moves that the Illinois Pollution Control
Board adopt the attached regulations.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Dougla . ScottP
hit
Director
DATED: December 28, 2007
P.O. Box 19276
Springfield, Illinois 62794-9276
217/782-3397
IN THE MATTER OF:?
)
PROPOSED NEW
35 ILL.
ADM. CODE)?
(2Cis.
PART
223
STANDARDS AND? )?
Rff/ -
LIMITATIONS FOR ORGANIC
?
)?
(Rulemaking – Air)
MATERIAL EMISSIONS FOR AREA )
SOURCES
?
)
By:
Agency Analysis of Economic and
Budgetary Effects of Proposed Rulemaking
Agency: Illinois
Pollution Control Board
Part/Title:
Part
223: STANDARDS AND LIMITATIONS FOR ORGANIC
MATERIAL EMISSIONS FOR AREA SOURCES
Illinois
Please attempt
Register
to
Citation:
provide as
dollar-specific
responses as possible and feel free to add any relevant
explanation.
1. Anticipated effect on State expenditures and revenues.
(a)
Current cost to the agency for this program/activity. $0
(b)
If this rulemaking will result in an increase or decrease in cost, specify the fiscal
year in which this change will first occur and the dollar amount of the effect.
2009; an estimated cost
of $50,000 annually
(c)
Indicate the funding source, including Fund and appropriation lines, for this
program/activity.
CAAPP fund
(d)
If an increase or decrease in the costs of another State agency is anticipated,
specify the fiscal year in which this change will first occur and the estimated
dollar amount of the effect.
N/A
(e)
Will this rulemaking have any effect on State revenues or expenditures not
already indicated above?
N/A
2. Economic
effect on persons affected by the rulemaking:
(a) Indicate
the economic effect and specify the persons affected:
Positive Negative
_x
_
No effect
Persons affected:
Consumers, Contractors, Manufacturers
Dollar amount per person: $0.10
per person annually
Total statewide cost: Approximately $1,283,197
annually
(b)
If an economic effect is predicted, please briefly describe how the effect will
OMIT.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
IN THE MATTER OF:
? )
PROPOSED NEW 35
ILL.
ADM. CODE )
PART
223
STANDARDS AND
?
)
LIMITATIONS FOR ORGANIC
?
)
MATERIAL EMISSIONS FOR AREA )
SOURCES
?
)
occ .t1
we-
(Rulemaking — Air)
RECEIVED
CLERKS OFFICE
JAN 0 2 2008
STATE OF ILLINOIS
Pollution Control
Board
SYNOPSIS OF TESTIMONY
It is currently anticipated that Illinois EPA will provide only one witness in support of the
proposal: Rory Davis. Rory Davis, Environmental Engineer, Regulatory Unit, Air
Quality Planning Section, Bureau of Air, will provide testimony on all aspects of the rule.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
RECEIVEDCLERK'S
OFFICE
IN
THE MATTER OF:
)
)
JAN (! 2 2008
PROPOSED NEW
35
ILL. ADM. CODE)
,
11
STATE OF ILLINOIS
PART
223
STANDARDS AND
?
)
RW-
Pollution Control Board
LIMITATIONS FOR ORGANIC
)
(Rulemaking – Air)
MATERIAL EMISSIONS FOR AREA
)
SOURCES
)
)
STATEMENT OF REASONS
I. INTRODUCTION
The Illinois Environmental Protection Agency ("Illinois EPA") hereby submits
this Statement of Reasons to the Illinois Pollution Control Board ("Board") pursuant to
Sections 27 and 28 of the Environmental Protection Act ("Act")(415 ILCS 5/27 and 28)
and 35 Ill. Adm. Code 102.202(b), in support of the attached proposed new 35 Ill. Adm.
Code Part 223 "Part 223," Standards and Limitations for Organic Material Emissions for
Area Sources. These regulations are proposed to reduce volatile organic material
emissions ("VOM") from various consumer products, architectural and industrial
maintenance products, and aerosol coatings. If adopted, the rule will take effect on
January 1, 2009.
II. STATEMENT OF FACTS
Effective July 17, 1997, the United States Environmental Protection Agency
("USEPA") revised the national ambient air quality standard ("NAAQS") for ozone from
0.120 parts per million to 0.080 parts per million, pursuant to its authority under Section
109 of the Clean Air Act ("CAA"). The time period used for measuring compliance for
ozone was also increased from 1 hour to 8 hours. The change from the previous 1 hour
standard to the 8 hour standard was based on extensive air pollution research that
indicated ozone is more harmful when a person is exposed to it over a longer period of
time even if the ozone concentration is lower.
As such, the revised 8 hour standard is more stringent than the previous 1 hour
standard. In order to ensure that there be one standard for ozone in the NAAQS, the 8
hour standard is not a new standard, but a revised standard. The 8 hour standard had an
effective date of June 15, 2004, with the 1 hour standard being revoked one year later on
June 15, 2005 (40 CFR Part 81).
Under the new NAAQS, Chicago and the Metro-East St. Louis area have been
designated as moderate ozone nonattainment areas ("NAA"). Included in the Chicago
NAA are Cook, DuPage, Kane, Lake, McHenry, and Will counties, as well as the Aux
Sable Township and Goose Lake Township in Grundy County, and Oswego Township in
Kendall County. The Illinois portion of the Metro-East St. Louis NAA is comprised of
Jersey, Madison, Monroe, and St. Clair counties.
Ozone is not emitted directly by most sources. Rather, ozone precursors such
as
VOM, oxides of nitrogen ("NOx") and carbon monoxide ("CO") are emitted and in the
presence of direct sunlight and high ambient temperatures react to form ozone. Technical
Support Document at 4. Ozone formation is thus most active during the summer months
because of the direct sunlight and high ambient temperatures. As a powerful oxidant,
ozone reacts readily with a wide range of substances. In humans, ozone acts as an irritant
to the respiratory system and may damage lung and other tissues. This damage can lead
to impaired breathing and reduced immunity to disease for people in good health. These
2
effects may be even more severe for young children, the elderly, and people with
preexisting respiratory diseases such as asthma, bronchitis, or emphysema. Ozone
oxidation can also damage plant tissue, reducing the yield of some crops, and damage
certain other materials such as rubber. Id. at 5.
Significant, yet widely diffuse sources of VOM are the various forms of consumer
products used by individual households and small businesses. These products can be
generally grouped into three areas: consumer products; architectural and industrial
maintenance coatings; and aerosol coatings. Together, these items emit about 10% of the
total anthropogenic VOM emissions from sources in Illinois. Id. at 60.
III. PURPOSE AND EFFECT OF THE PROPOSAL
Consumer and commercial products are currently regulated by the USEPA under
the consumer and commercial products rule promulgated on Sept. 11, 1998, and codified
at 40 CFR Part 59 Subpart C. Id. at 5. This national rule currently limits the VOM
content of 24 product categories. Id. VOM emissions from these categories are
estimated to have been reduced by 20 percent from uncontrolled levels. Id. at 5.
However, the emissions due to the 24 categories currently being regulated by the USEPA
account for only 48 percent of the consumer and commercial products emission
inventory. Id. at 5-6.
Architectural and industrial maintenance coatings ("AIM") are currently regulated
by the USEPA under the AIM coatings rule promulgated on Sept. 11, 1998, and codified
at 40 CFR Part 59 Subpart D. Id. at 6. This national rule includes container labeling
requirements and is estimated to reduce VOM emissions from AIM coatings by
approximately 20% from uncontrolled levels. Id.
3
Currently there are no Illinois regulations dealing specifically with the reactivity of
various organic compounds. Id. The proposed rule for aerosol coatings would change
this by limiting the content of various VOM compounds based upon their reactivity and
their likelihood to form ground level ozone. Id. This proposed rule is based upon the
California Air Resources Board ("CARS") Regulation for Reducing the Ozone Formed
by Aerosol Coating Product Emissions that has been employing reactivity based standard
since January 1, 2003 1
. Id. Aerosol Coatings are considered to be a Group III Consumer
Product, and accordingly are also regulated by 40 CFR Part 59 Subpart C. Id.
Many large sources of VOM in Illinois are already regulated by the State but
additional control measures are needed to achieve compliance with the 8-hr ozone
NAAQS. In order to attain the new USEPA ozone NAAQS by 2010 and to protect the
health of Illinois citizens, the Illinois EPA proposes this rulemaking. This proposal seeks
to reduce VOM emissions from consumer products, AIM products, and aerosol coatings.
Together, these sources emit a significant amount of VOM in Illinois. The proposal is
divided into four subparts. Subpart A is a brief, general subpart, Subpart B regulates
consumer products, Subpart C regulates AIM, and Subpart D regulates aerosol coatings.
In evaluating the potential for the reduction of VOM emissions from consumer
and commercial products, architectural and industrial maintenance coatings, and aerosol
coatings, Illinois EPA has reviewed the findings of several groups that researched the
issue. The groups are MACTEC, an environmental firm that is under contract with the
Lake Michigan Air Directors Consortium ("LADCO"), the Ozone Transport Commission
Regulation for Reducing the Ozone Formed from Aerosol Coating_Product Emissions, Title 17, California
Code of Regulations, Article 3, Aerosol Coating Products, Sections 94521-94524 and 94526, approved
June 18, 2001.
4
("OTC"), an organization in the eastern United States created under the CAA, and the
CARB. Id. at 7. The OTC and CARB have drafted candidate measures for the reduction
of VOM that go beyond the current VOM limits, and MACTEC, CARB, and USEPA
have independently projected the potential reductions and the associated cost of
additional control through these measures. Id.
The Illinois EPA anticipates a significant reduction in VOM emissions from the
affected area sources if this proposal is adopted. When added together the emission of
VOM from consumer products, AIM coatings, and aerosol coating products account for
approximately 9.86% of all anthropogenic VOM emissions in the State of Illinois. M. at
60. The estimated reductions of VOM add up to slightly more than 10,000 tons annually,
or a reduction of approximately 28.5 tons per day. Id. at 60. Admittedly, some of these
reductions have already taken place due to nationwide compliance by many of the larger
manufacturers of these products. Id. at 60-61. However, adoption of these limits in
Illinois will further the trend towards nationwide compliance, leading to much larger
reductions.
1. Consumer Products
As defined in the USEPA rule, consumer products means any household or
institutional product (including paints, coatings, and solvents), or substance, or article
(including any container or packaging) held by any person, the use, consumption, storage,
disposal, destruction, or decomposition of which may result in the release of volatile
organic compounds ("VOC") (40 CFR § 59.202). Id. at 8. The USEPA uses the term
VOC, while the Illinois EPA uses the term VOM. The terms are interchangeable.
Consumer and commercial products are chemically formulated products used by
5
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. Not included are other paint products, furniture coatings, or architectural
coatings. Id.
The source category of consumer products is broken down by the USEPA into
seven categories: personal care products; household products; automotive aftermarket
products; adhesives and sealants; FIFRA regulated products; coatings and related
products; and miscellaneous products. Id. at 14. The description "consumer and
commercial products" also refers to aerosol adhesives, including aerosol adhesives used
for consumer, industrial, and commercial uses. Id. at 8. For the purposes of the proposed
regulation, the source category is divided into 59 product categories, each with a VOM
limit given in percent by weight. Id. at 9.
In November of 2004, the Illinois EPA prepared the Illinois Periodic Emissions
Inventory and Milestone Demonstration. Id. at 15, n. 2. It was determined that in
Illinois, consumer and commercial product emissions account for approximately 4.95%
of the total anthropogenic VOM emissions. Id. at 9. Consumer and commercial products
account for approximately 4.93% of total anthropogenic VOM emissions in the East St.
Louis NAA and approximately 9.2% of total anthropogenic VOM emissions in the
Chicago NAA. Id. Consumer and commercial products are estimated to emit 81.86 tons
of VOM per day in Illinois. Id., Table 2.2.3.
The most effective approaches for achieving reductions in this source category are
reformulating products currently employing VOM solvents and replacing them with
6
water based formulations or formulations employing acetone or other exempt solvents.
Id. at 16. Other measures for reductions in this category include increasing the solids
content of products, formulating non-VOM propellants for products, or changing the
valves, containers, or delivery systems of the products to reduce VOM content. Id.
MACTEC estimates that adopting the OTC Model Rule for Consumer Products will
result in a 14.2% reduction in VOM emissions from consumer and commercial product
beyond those achieved by the current federal rule. Id. at 29. This translates into a
reduction of approximately 6,468 tons of VOM per year in Illinois. Id. This estimate is
based on figures from the 2002 inventory in Illinois and would represent a reduction of
nearly 1% of the total anthropogenic VOM emissions in the State. Id.
2. AIM
An AIM coating, for the purposes of this proposed regulation, is 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. Id. at 34. 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. Id. AIM coatings are used to protect and beautify homes, office
buildings, factories, pavements, curbs and on a variety of surfaces inside and outside of
such structures such as metal, wood, plastic, concrete, and wallboard. AIM coatings are
applied by brush, roller, or spray gun, and are applied by consumers, contractors, or
maintenance staff. The emission of VOM from this category results when the solvent
carrying the coating material evaporates and leaves the coating material on the surface
during application and drying. Id. For the purposes of the proposed regulation, this
7
source category is broken down into 49 coating categories, each with a specific VOM
content limit. Id. at 35.
It has been estimated by MACTEC that AIM coatings account for approximately
4.30% of the total anthropogenic VOM emissions in Illinois. Id. at 34. AIM coatings
account for approximately 4.28% of total anthropogenic VOM emissions in the East St.
Louis NAA and approximately 8.01% of total anthropogenic VOM emissions in the
Chicago NAA. Id. MACTEC further estimated that the proposed regulation would result
in a reduction of VOM emissions of 21% beyond the current federal regulation. Id. at 45.
Adoption of the proposed regulation will account for the reduction of 12.21 tons of VOM
per day or 4,456 tons of VOM annually. Id. at 45.
The proposed regulation was written by the Illinois EPA based on the AIM OTC
Model Rule in order to maintain consistency with the OTC states that have adopted rules
based on the model rule. Id. at 39. In addition, the AIM OTC Model Rule and its VOM
content limits were written based on the affected coatings and VOM content limits in
CARB's suggested control measures ("SCM") for AIM coatings in order that the coating
formulations of the eastern states in the OTC would be consistent with formulations
being used in California. Id. at 39.
3. Aerosol Coatings
An aerosol coating product, for the purposes of the proposed regulation, 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.
Id. at 46. Aerosol coatings are listed as a Group III consumer product in CAA section
8
183(e). Id. The emission of VOM from aerosol coatings result when the solvent carrying
the coating material evaporates and leaves the coating material on the surface during
application and drying, as well as from the propellants that are used to apply the coating.
Id. at 46.
While aerosol coatings are considered to be a consumer product, and emissions of
VOM from aerosol coatings are currently regulated by limits given in a percent by
weight, more effective measures for the reduction of VOM emissions from this specific
product category have been developed. These measures, currently employed in
California, involve the regulation of aerosol coatings by their potential to create ground
level ozone. Id. at 46. This is achieved by assigning maximum incremental reactivity
("MIR") factors to the various solvents used in aerosol coatings, and then setting limits
on the product-weighted maximum incremental reactivity ("PWMIR") that is allowed for
the different categories of aerosol coatings. Id. These limits reflect the number of grams
of ozone that can potentially be produced by each gram of the product. Id. This
methodology for the specific reduction of ozone produced by aerosol coatings allows for
the reformulation of coatings that result in less ozone being produced by the use of the
coating, while still allowing for a relatively high percentage of VOM by weight that may
be necessary for the usefulness of the product. Id. 46-47.
For the purposes of the proposed regulation this source category is broken down
into 36 aerosol coating categories, each with a specific PWMIR limit. Id. at 47. It is
estimated that VOM emissions from aerosol coatings in Illinois are 10.15 tons per day.
Id., Table 4.2.2. It has been estimated by the USEPA that the proposed limits would
result in a 19.4% reduction of VOM emissions from aerosol coating products beyond a
9
baseline level set in 1990. Id. at 58. It is estimated that the proposed rule will result in a
19.4% reduction in equivalent VOM emissions, accounting for an equivalent reduction of
1.97 tons per day or approximately 719 tons per year in Illinois. Id. at 58.
4.
Flexibility in Compliance Measures
Manufacturers of products in the consumer products category are allowed greater
flexibility in complying with proposed VOM limits including provisions for an alternate
control plan ("ACP") and the innovative products provision ("IPP"). Id. at 19.
The innovative products provision allows qualified manufacturers to sell products
that have VOC contents greater than the applicable VOC limit, provided they
demonstrate that such products actually emit less VOC than representative products that
comply with the VOC limit. Id. In California and in the OTC region, where limits
similar to those in the proposed Illinois regulation have been adopted, various
manufacturers have formulated technologically-advanced products that are more
concentrated, higher in efficacy, or have some other chemical or physical properties that
permit users to release less VOC when using such products. Id. at 19-20. These
innovative products, if approved by Illinois EPA, shall be allowed under the proposed
regulation, as the environmental impact due to the products will be equal to or less than
comparable affected products. Id. at 20.
The ACP provision allows for approved manufacturers of affected consumer
products to use emissions averaging for their product lines. Id. In general, emissions
averaging under approved ACP plans lets manufacturers choose the least-cost or most
advantageous reformulation option for its product lines. Rather than directly complying
with each and every VOC limit, manufacturers can choose to "overcomply" with some
10
reformulations in order to offset the "undercompliance" of other product lines. Id. The
ACP provision allows for the same amount of VOM emission reduction for averaged
products while providing an added degree of flexibility for manufacturers in compliance.
Regarding aerosol products, the method of limiting the reactivity or the PWMTR.
of the ingredients of a coating in order to reduce the amount of ozone formed as a result
of aerosol coating use provides manufacturers with a great deal of flexibility in
compliance measures. Id. at 52. The proposed regulation still allows for a relatively high
percentage of VOM by weight for the products in order to maintain the same or similar
performance characteristics, and allows for the use of a wide variety of solvents and
propellants, provided that the PWMIR of a given product does not exceed the limit for
that particular category. Id. at 52. In this way the proposed regulation can be effective in
reducing the amount of ozone formed as a result of aerosol coatings while not imposing
stricter VOM limits on manufacturers of the coatings.
IV. GEOGRAPHIC REGIONS AND SOURCES AFFECTED
The geographic region subject to the proposed regulations for VOM emitting
sources is the entire State of Illinois. Manufacturers prefer statewide, or even
regionwide, standards so as to keep the number of product lines to a minimum. There are
numerous manufacturing facilities which produce VOM emitting products and still more
retail operations which sell VOM emitting products. VOM emitting products are used by
virtually every household in the state. Appendix A of the Technical Support Document
lists the affected manufacturers.
V.
TECHNICAL FEASIBILITY AND ECONOMIC REASONABLENESS
11
The technology for controlling VOM emissions from consumer products, AIM,
and aerosol products is largely available or being developed. The most effective
approach for achieving reductions in the consumer products category is by reformulating
products currently employing VOM solvents and replacing them with water based
formulations or formulations employing acetone or other exempt solvents. Id. at 16.
Other measures for reducing VOM emissions from consumer products include:
increasing the solids content of products; formulating non-VOM propellants for products;
or changing the valves, containers, or delivery systems of the products. Id. The Illinois
EPA's analysis, explained in detail in Sections 2.3 — 2.7 (consumer products), 3.3 — 3.6
(AIM) and, 4.3 — 4.7 (aerosol coatings) of the Technical Support Document,
demonstrates the technical feasibility and economic reasonableness of this proposed
rulemaking. It should also be noted that these products are already available, or
scheduled to become available in California and Northeastern states.
VI. COMMUNICATION WITH INTERESTED PARTIES
These regulations are being proposed after the interested parties have had an
opportunity to review the proposal and discuss any issues with Illinois EPA. Several
drafts of this proposed rulemaking were distributed
to various stakeholders for comment.
Comments were received by the Illinois EPA on each of these drafts, and this proposal
incorporates many of the concerns and suggestions put forth in these comments. Such
comments can generally be categorized into the following areas: the Illinois EPA should
not propose a rule but rather should wait for the USEPA to propose a national rule; if the
Illinois EPA does propose a rule, it should follow the
expected format of the USEPA
proposal based upon the OTC model rule; and various minor revisions.
12
VII. THE ILLINOIS EPA's PROPOSAL
The following is a Section-by-Section summary of the Illinois EPA's Proposal.
35. Ill.
Adm. Code
223
Subpart
A:
General Provisions
Section 223.100?
Severability
This section states that 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
This Section lists the various abbreviations used in this Part. Unless otherwise
specified within the Part, the abbreviations used in Part 223 shall be the same as those
found in 35 III. Mm. Code 211.
Section
223.120?
Incorporations by
Reference
This Section lists the materials that are incorporated by reference. Any
incorporations do not include later amendments or editions.
Subpart B: Consumer and Commercial Products
Section 223.200?
Purpose
The purpose Section spells out the objective of Subpart B, which is to limit
emissions of VOM by requiring reductions in the VOM content of consumer and
commercial products.
Section 223.201
?
Applicability
13
The Applicability Section explains that Subpart B shall apply to any person who
sells, supplies, offers for sale, or manufactures consumer products for use in Illinois,
except as provided in Section 223.230, below (exemptions).
Section
223.203
Definitions for Subpart B
As stated, this Section lists the definitions contained in this Subpart and notes that
they apply only to the provisions of this Subpart. The Section also reminds the reader of
the primacy of Part 211, noting that unless otherwise defined in the Section, the
definitions of terms used in Subpart B shall have the meanings specified for those terms
in 35 Ill. Adm. Code Part 211.
Section
223.205
Standards
The Standards Section holds that except as provided in Section 223.207 (products
registered under the Federal Insecticide Fungicide and Rodenticide Act), Section 223.230
(exemptions), Section 223.240 (innovative product exemption), or Section 223.245
(alternative control plans), 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 VOM in excess of the limits specified in the Standards Section. It also notes
that 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
under Subsection B.
Section 223.206 Diluted
Products
This Section notes that 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 the Standards Section must apply
14
to the product only after the minimum recommended dilution has taken place. The
Section further notes that 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.
Conversely, the Section notes that 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, the limits specified in the Standards Section shall apply to the
product only after the maximum recommended dilution has taken place.
Section 223.207
?
Products
registered under FIFRA
This Section explains that for those consumer products that are registered under
the Federal Insecticide, Fungicide, and Rodenticide Act, (FIFRA, 7 U.S.C. Section
136-136y), the effective date of the VOM standards will be January 1, 2010.
Section 223.208?
Requirements for Aerosol Adhesives
Based upon California Code section 41712(h)(2), this Section asserts that the
standards for aerosol adhesives apply to all uses of aerosol adhesives, including
consumer, industrial, and commercial uses. With certain listed exceptions, 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 VOM in excess of the
specified standard.
Section 223.208(b) explains what is needed to qualify as a "Special Purpose
Spray Adhesive." To do so, the product must meet one or more of the definitions for
"Special Purpose Spray Adhesive" specified in Section 223.203 (Definitions), but if the
product label indicates that the product is suitable for use on any substrate or application
15
not listed in one of the definitions for "Special Purpose Spray Adhesive," then the
product is to be classified as either a "Web Spray Adhesive" or a "Mist Spray Adhesive."
However, 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)
(Standards).
Lastly, the Section allows no person to sell, supply, offer for sale, or manufacture
for use in Illinois any aerosol adhesive which contains either methylene chloride,
perchloroethylene, or trichloroethylene after January
1,
2009 and notes that all aerosol
adhesives must comply with the labeling requirements specified
in
Section 223.265
(Additional Labeling Requirements for Aerosol Adhesives, Adhesive Removers,
Electronic Cleaner, Electrical Cleaner, Energized Electrical Cleaner, and Contact
Adhesives).
Section 223.209 Requirements
for Floor Wax Strippers
This Section notes that 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 certain
special labeling requirements concerning dilution ratios are met.
Section 223.210
Products Containing Ozone-Depleting Compounds
This Section forbids the sale of consumer products which contain certain ozone-
depleting substances. Certain exceptions are made for reformulations which meet the
standards set in Section 223.205(a) or if reformulated to meet Section 223.205(a),
provided the ozone-depleting compound content of the reformulated product does not
16
increase. The prohibition on sales also does 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.
Section 223.220?
Requirements for Charcoal Lighter Material
Section 223.220 forbids the sale, supply, or offer for sale on or after January 1,
2009, of 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. This certification remains in
effect for Illinois for as long as the CARB certification remains in effect. 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.
Upon request by the Agency, a manufacturer claiming to have a certification as
specified in subsection 223.220(a) 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
This Section lists the various products which are not covered by the regulation.
These include: any consumer product manufactured in Illinois for shipment and use
outside of Illinois; 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); the VOM limits specified in Section 223.205(a) shall not
17
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; 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 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; the
VOM limits specified in Section 223.205(a) shall not apply to any LVP-VOM; and the
requirements of Section 223.250 (Product Dating) shall not apply to consumer products
registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7
U.S.C. Section 136/136y). In addition, 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 VOM under Section 211.7150 or exempted under subsection 223.230(f);
insecticides containing at least 98% para-dichlorobenzene; adhesives sold in containers of
one fluid ounce or less; and, 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
This Section states that any manufacturer of consumer products which has 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 shall be exempt from
the limits in 223.205(a) for the period of time that the CARB Innovative Products
18
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 CARE applicable to the
exemption.
The Section also establishes special recordkeeping requirements. 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. In addition, the records specified shall
be made available to the Agency, or its authorized representative, upon request.
Section 223.245 Alternative
Compliance Plans
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 ACP parties for consumer products may enter
into an ACP.
If allowed, any manufacturer of consumer products which has 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 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
19
CARB ACP Agreement are contained in Section 223.205(a). 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.
In addition, 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. Such records shall be made available to the Agency or its
authorized representative upon request.
Section
223.250
Product Dating
This Section establishes the duty for all manufacturers of a consumer product
subject to Section 223.205(a) to 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. The Section develops a to indicate the date of manufacture and
excuses manufacturers using such code from compliance with the additional product
dating requirements in Section 223.255(a), if the code is represented separately from
other codes on the product container so that it is easily recognizable.
This date or code shall be displayed on each consumer product container or
package no later than twelve months prior to the effective date of the applicable standard
specified in Section 223.205(a). The Section mandates that the date or datecode 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. Alternatively, information may be
20
displayed on the bottom of a container as long as it is clearly legible without removing
any product packaging.
These requirements shall not apply to products containing no VOM (as defined in
Section 223.203), or containing VOM at 0.10% by weight or less.
Section 223.255
?
Additional Product Dating Requirements
This Section establishes additional product dating requirements. For instance, if a
manufacturer uses a code other than specified in 223.250(b) indicating the date of
manufacture for any consumer product subject to Section 223.205(a), an explanation of
the date portion of the code must be filed with the Agency no later than 12 months prior
to the effective date of the applicable standard. Beyond this, if a manufacturer changes
any code indicating the date of manufacture for any consumer product subject to this
Section, an explanation of the modified code must be submitted to the Agency before any
products displaying the modified code are sold, supplied, or offered for sale in Illinois.
The Section also forbids the erasing, alteration, defacing, or otherwise removing
or making illegible any date or code indicating the date of manufacture from any
regulated product container without the express authorization of the manufacturer. Nor
may any manufacturer shall affix a date-code that is not true for the date the item was
manufactured.
Finally, date code explanations for codes indicating the date of manufacture are
considered public information and may not be claimed as confidential.
Section 223.260
?
Most
Restrictive Limit
This Section holds that notwithstanding the definition of "product category" in
Section 223.203, if anywhere on the principal display panel of any consumer product
21
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.
Similarly, 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
LabelintRequirements for Aerosol Adhesives,
Adhesive Removers, Electronic Cleaners, Electrical Cleaners,
Energized Electrical Cleaners, and Contact Adhesives
This Section requires, in addition to the requirements specified in Sections
223.250, 223.260, and 223.270, that 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 certain information on each product container which is
manufactured on or after January 1, 2009. This includes: the product category as
specified in Section 223.205(a) or an abbreviation; the applicable VOM standard for the
22
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; that 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"; that 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; and,
that if the manufacturer or responsible party uses an abbreviation as allowed by this
Section, an explanation of the abbreviation must be filed with the Agency before the
abbreviation is used.
Furthermore, 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. Information may be
displayed on the bottom of a container as long as it is clearly legible without removing
any product packaging.
Lastly, 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
This Section requires that, upon request, a responsible party must submit to the
Agency certain information within 30 days of a request by the Agency. This includes the
name, address, and telephone number of the responsible party and the name and
telephone number of the party's designated contact person. For each product subject to
23
Section 223.205(4 the following information must be submitted: the product brand
name; the product label; the product category to which the consumer product belongs; the
applicable product form(s) listed separately; and an identification of the product as a
household product, institutional product, or both. Moreover, separate Illinois sales in
pounds per year, to the nearest pound, and the method used to calculate Illinois sales for
each product form must be reported. Also, 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.
Concerning 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%) shall be reported: total Section 223.205(a)
compounds; total LVP-VOMs that are not fragrances; total all other carbon-containing
compounds that are not fragrances; total all non-carbon-containing compounds, and; total
fragrance. For products containing greater than two percent by weight fragrance, the
percent of fragrance that are LVP-VOMs; and the percent of fragrance that are all other
carbon-containing compounds; and total paradichlorobenzene. For each product brand
name and form, the identity, including the specific chemical name and associated
Chemical Abstract Services (CAS) number, of the following: each Section 223.205(a)
compound; and each LVP-VOM that is not a fragrance; and if the product includes a
propellant, both the weight percent comprised of propellant for each product; and an
identification of the type of propellant, such as Type A, Type B, Type C, or a blend of the
different types.
24
The Section also requires that in addition to the requirements of subsection
(a)(6),the responsible party shall report or shall arrange to have reported to the Agency,
the net percent by weight of each ozone-depleting compound which is: listed in Section
223.210(a) and contained in a product subject to reporting under subsection 223.270(a) in
any amount greater than 0.1% by weight.
Finally, all manufacturers must submit to the Agency the information requested
above upon commencement of the selling of each such product in Illinois.
Section
223.275
Special Recordkeeping Requirements for Consumer Products
that Contain Perchloroethylene or Methylene Chloride
This Section establishes special recordkeeping requirements. The requirements of
this Section shall apply to all responsible parties for consumer products that are subject to
Section 223.205(a) and contain perchloroethylene 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
perchloroethylene 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.
Concerning reporting, for each consumer product that contains perchloroethylene
or methylene chloride, the responsible party shall report certain listed information for
products sold in Illinois, upon request of the Agency, within 30 days written notice. This
includes: the product brand name and a copy of the product label with legible usage
instructions; the product category to which the consumer product belongs; the applicable
product form(s) (listed separately); for each product form, the total sales in Illinois during
the calendar year to the nearest pound (exclusive of the container or packaging), and the
25
method used for calculating the Illinois sales; and the weight percent, to the nearest 0.10
percent, of perchloroethylene and methylene chloride in the consumer product.
Section 223.280?
Calculating Illinois Sales
This Section states that 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
This Section states that testing to determine compliance with the requirements of
this chapter shall be performed using CARB Method 310, Determination of Volatile
Organic Materials (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. It
also notes that 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 certain listed criteria.
Subpart
C:
Architectural and Industrial Maintenance Coatings
Section 223.300?
Purpose
The purpose Section spells out the objective of Subpart C, which is to limit
emissions of VOM 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
The Applicability Section explains that Subpart C shall apply to any person who
supplies, sells, offers for sale, or manufacturers any architectural coating for use within
the state of Illinois, as well as any person who applies or solicits the application of any
26
architectural coating within Illinois. The Section also lists who Subpart C does not apply
to. The 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.
c)
Any architectural coating that is sold in a container with a volume of one
liter (1.057 quart) or less.
Section 223.307
?
Definitions for Subpart C
This Section lists the definitions contained in this Subpart and notes that they
apply only to the provisions of this Subpart. The Section also reminds the reader of the
primacy of Part 211, noting that unless otherwise defined in the Section, the definitions of
terms used in Subpart C shall have the meanings specified for those terms in 35 ?
Adm.
Code Part 211
Section
223.310?
Standards
Section 223.310 states that except as provided in subsection 223.310(c) (Most
Restrictive VOM Limit), 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 in the Section.
The Section also explains the method of diluting concentrated substances, forbids
excessive thinning of coating, delineates painting practices, provides special rules for
Rust Preventive Coatings and explains how the VOM content limit is to be determined
for substances not listed in Section 223.310(a).
27
Finally, the Section proclaims that 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. Several exceptions
are listed to this policy.
Section 223.320?
Container Labeling Requirements
This Section prescribes that each manufacturer of any architectural coatings
subject to this Subpart shall display certain information on the coating container (or label)
in which the coating is sold or distributed. This includes: the date code (the date the
coating was manufactured); thinning recommendations (a statement of the manufacturer's
recommendation regarding thinning of the coating, unless thinned with water); and, the
VOM Content (either the maximum or the actual VOM content of the coating, as
supplied, or the actual VOM content [in grams per liter] including the maximum thinning
as recommended by the manufacturer). Beyond this, for "Industrial Maintenance
Coatings," in addition to the information specified above, each manufacturer shall display
on the label or the lid one or more of the following descriptions: "For industrial use
only;" "For professional use only;" and, "Not for residential use" or "Not intended for
residential use."
Other special labeling provisions are covered by this Section. For "Clear
Brushing Lacquers," the labels shall prominently display the statements "For brush
application only," and "This product must not be thinned or sprayed." For "Rust
28
Preventive Coatings," the label shall prominently display the statement "For Metal
Substrates Only." For "Specialty Primers, Sealers, and Undercoaters," the labels shall
prominently display one or more of the following descriptions listed: "For blocking
stains;" "For fire-damaged substrates;" "For smoke-damaged substrates;" "For
water-damaged substrates;" or, "For excessively chalky substrates." The labels of
"Quick Dry Enamels" shall prominently display the words "Quick Dry" and the dry hard
time. The labels of "Non-Flat High-Gloss Coatings" shall prominently display the words
"High Gloss." Lastly, 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
Under the AIM rule, certain coatings must follow prescribed record keeping and
reporting requirements. The following are in this category. "Clear Brushing Lacquers"
manufacturers shall report, for products sold in Illinois, upon request of the Agency, the
number of gallons of clear brushing lacquers sold in the state during the preceding
calendar year; and the method used by the manufacturer to calculate state sales. "Rust
Preventive Coatings" manufacturers shall report, for products sold in Illinois, upon
request of the Agency, the number of gallons of rust preventive coatings sold in the state
during the preceding calendar year, and the method used by the manufacturer to calculate
state sales. "Specialty Primers, Sealers, and Undercoaters" manufacturers shall report,
for products sold in Illinois, upon request of the Agency, the number of gallons of
specialty primers, sealers, and undercoaters sold in the state during the preceding
calendar year, and the method used by the manufacturer to calculate state sales. For
"Toxic Exempt Compounds," for each architectural coating that contains
29
perchloroethylene or methylene chloride, the manufacturer shall report the following
information for products sold in Illinois, upon request of the Agency: the product brand
name and a copy of the product label with the legible usage instructions; the product
category listed in Section 223.210(a) to which the coating belongs; the total sales in
Illinois during the calendar year to the nearest gallon; and the volume percent, to the
nearest 0.10 percent, of perchloroethylene and methylene chloride in the coating.
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 and
shall report, for products sold in Illinois, upon request of the Agency, the number of
gallons of recycled coatings sold in the state during the preceding calendar year, and the
method used by the manufacturer to calculate state sales. Finally, manufacturers of
"Bituminous Roof Coatings" or "Bituminous Roof Primers" shall report, for products
sold in Illinois, upon request of the Agency, the number of gallons of "Bituminous Roof
Coatings" or "Bituminous Roof Primers" sold in the state during the preceding calendar
year, and the method used by the manufacturer to calculate state sales.
Section 223.340?
Compliance Provisions and Test Methods
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. This Section therefore presents the formulas which must be
used. Section 223.340(a)(1) uses the following formula:
30
VOM Content =
(Ws
- Ww - Wem)
(Vm - Vw - Vem)
Where:
VOM content
Ws
Ww
Wem
Vm
Vw
Vem
= grams of VOM per liter of coating
= weight of volatiles, in grams
= weight of water, in grams
= weight of exempt materials, in grams
= volume of coating, in liters
= volume of water, in liters
= volume of exempt materials, in liters
This represents, with the exception of low solids coatings, 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.
Section 223.340(a)(2) uses the following formula:
VOM Content (1s) = (Ws - Ww - Wem)
(Vm)
Where:
VOM content (Is) = the VOM content of a low solids 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
This represents, for low solids coatings, 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.
Section 223.340(b) lists criteria necessary to perform the calculations in Section
223.340(a). To wit, to determine the physical properties of a coating in order to perform
the calculations in subsection 223.340(a), the reference method for VOM content is
31
USEPA Method 24, except as provided in subsections 223.350 and 223.360. An alter-
native method to determine the VOM content of coatings is SCAQMD Method 304-91
(Revised February 1996), incorporated by reference in Section 223.120. The exempt
compounds content shall be determined by SCAQMD Method 303-91 (Revised August
1996), 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, formula-
tion 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 223.350. The Agency may require
the manufacturer to conduct a Method 24 analysis.
Section 223.350?
Alternative Test Methods
This Section allows the use of other test methods demonstrated to provide results
that are acceptable for purposes of determining compliance with subsection 223.340(b),
after review and approved in writing by the Agency and the USEPA.
Section 223.360?
Methacrylate Traffic Coating Markings
This Section denotes that 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), or an equivalent method approved by
the CARB. However, this method has not been approved for methacrylate multi-
32
component coatings used for purposes other than as traffic marking coatings or for other
classes of multi-component coatings.
Section 223.370
?
Test Methods
This Section lists certain test methods, and incorporates them by reference, stating
that they shall be used to test coatings subject to the provisions of this Subpart.
Subpart D: Aerosol Coatings
Section 223.400
?
Purpose
The purpose Section states that the reason for the Subpart is to limit emissions of
volatile organic materials by requiring reductions in the VOM content of Aerosol Coating
products.
Section 223.405
?
Applicability
The Applicability Section explains that Subpart D shall apply to any person who
sells, supplies, offers for sale, applies, or manufactures aerosol coating products for use in
the state of Illinois, except as provided in Section 223.420 (exemptions).
Section
223.407?
Definitions for Subpart D
As stated, this Section lists the definitions contained in this Subpart and notes that
they apply only to the provisions of this Subpart. The Section also reminds the reader of
the primacy of Part 211, noting that unless otherwise defined in the Section, the
definitions of terms used in Subpart D shall have the meanings specified for those terms
in 35 Ill. Adm. Code Part 211.
Section 223.410
?
Limits and Requirements for Aerosol Coating Products
33
This Section sets the reactivity requirements for aerosol coating products based
upon their date of manufacture. Those manufactured beginning January 1, 2009, must
comply with the reactivity requirements specified in Section 223.410(b).
Section 223.410(b) lists the reactivity limits for aerosol coating products
manufactured beginning January 1, 2009. Except as provided in Sections 223.410(a) and
223.420, no person shall sell, supply, offer for sale, apply, or manufacture for use in
Illinois, any aerosol coating product which, at the time of sale, use, or manufacture,
contains reactive organic compounds that have a PWMIR in excess of the limits specified
after January 1, 2009. The limit is listed as "Product-Weighted Grams Ozone per Gram
Product."
Pursuant to Subsection 223.410(c), if an aerosol coating product is subject to both
a general coating limit and a specialty coating limit, as listed in subsection 223.410(b),
the specialty limit coating shall be used so long as the product meets all the criteria of the
applicable specialty coating category as defined in Section 223.407. However,
notwithstanding the provisions of Sections 223.410(c) and 223.430, high temperature
coatings that contain at least 0.5 percent by weight of an elemental metallic pigment in
the formulation, including propellant, shall be subject to the limit specified for metallic
coatings.
In addition, notwithstanding the provisions of Section 223.410(a) and (b), an
aerosol coating product manufactured prior January 1, 2009, may be sold, supplied,
offered for sale, or applied for up to January 1, 2012. This provision, found in Subsection
223.410(e), does not apply to any product which does not display on the product
34
container or package the date on which the product was manufactured, or a code
indicating such date.
Special rules govern products containing methylene chloride or trichloroethylene.
If the product is subject to the reactivity limits specified in Section 223.410(b), no person
shall sell, supply, offer for sale, apply, or manufacture for use in Illinois any aerosol
coating product which contains methylene chloride or trichloroethylene. However, this
prohibition does not apply to any aerosol coating product containing methylene chloride
or trichloroethylene that is present as an impurity in a combined amount equal to or less
than 0.01% by weight of the product.
Similarly, special rules govern products containing perchloroethylene or ozone
depleting substances. If the product is subject to the reactivity limits specified in Section
223.410(b), no person shall sell, supply, offer for sale, apply, or manufacture for use in
Illinois any aerosol coating product which contains perchloroethylene. In addition, for
any aerosol coating product subject to the reactivity limits specified in Section
223.410(b), no person shall sell, supply, offer for sale, apply, or manufacture for use in
Illinois any aerosol coating product which contains an ozone depleting substance
identified by the USEPA in the Code of Federal Regulations, 40 CFR Part 82, Subpart A,
under Appendices A and B, July 1, 1998. These two requirements, found in Subsections
223.410(g)(1) and (g)(2) shall not apply to any aerosol coating product containing
perchloroethylene, or an ozone depleting substance as identified in Section 223.410(g)(1)
or (g)(2), that are present as impurities in a combined amount equal to or less than 0.01%
by weight of the product.
35
Multicomponent kits, as defined in Section 223.407, are also treated differently.
For these, no person shall sell, supply, offer for sale, apply, or manufacture for use in
Illinois any multi-component kit, in which the total weight of VOM and methylene
chloride contained in the multi-component kit (Total VOM + MC_)„
tnal is greater than the
total weight of VOM and methylene chloride that would be allowed in the multi-
component kit if each component product in the kit had separately met the applicable
VOM standards (Total VOM+
?
)standard
as calculated below:
(Total VOM +
MOactual =
(VOMI x W
1 ) + (MC I x W 1 ) + (VOM2 x
W2) + (MC2 x W2)
+ (VOM„ x Wn) + (MC„ x Wn)
(Total VOM + MC
)standard =
(STD
1 x W I
) + (STD2 x W2)
+ (STD„
x Wn)
Where:
VOM =
?
the percent by weight VOM of the
component product
MC =?
the percent by weight methylene chloride of
the component product
STD =
?
the VOM standard specified in Section
223.410(a) which applies to the component
product
the weight of the product contents
(excluding container)
Subscript 1 denotes the first component product in the kit
Subscript 2 denotes the second component product in the
kit
Subscript n denotes any additional component product
Conversely, no person shall sell, supply, offer for sale, apply, or manufacture for
use in Illinois any multi-component kit, as defined in Section 223.407, in which the
Kit
PWMIR
is greater than the Total Reactivity Limit. The Total Reactivity Limit represents
the limit that would be allowed in the multi-component kit if each component product in
36
the kit had separately met the applicable Reactivity Limit. The Kit PWMIR and Total
Reactivity Limit are calculated as in equations (A), (B) and (C) below:
A)
Kit PWMIR = (PWMIR0)
x W 1 ) + (PWMTR(2)
x W2) +
(PWMIR(n) x Wn)
B)
Total Reactivity Limit = (RL
1
x W1 ) + (RL2
x W2) +...+ (R1_, x
C)
Kit PWMIR <?
Total Reactivity Limit
Where:
the weight of the product contents (excluding
container)
RL?
=
?
the Reactivity Limit specified in Section
223.410(b)
Subscript 1 denotes the first component product in the kit
Subscript 2 denotes the second component product in the kit
Subscript n denotes any additional component product
The Section further prohibits the sale, supply, offer for sale, application, or
manufacture for use in the state of Illinois any aerosol coating product assembled by
adding bulk paint to aerosol containers of propellant, or with the reactivity limits
specified in Section 223.410(6) for products subject to those limits.
Finally, Section 223.410(j) explains the assignment of maximum incremental
reactivity (MIR) values. In order to calculate the PWMIR of aerosol coating products as
specified in Section 223.407, the MIR values of product ingredients are assigned as
follows:
A)
Any ingredient which does not contain carbon is assigned a MIR value of
0
.0.
B)
Any aerosol coating solid, including but not limited to resins, pigments,
fillers, plasticizers, and extenders is assigned a MIR value of 0.0.
37
C)
For any ROC not covered under subparagraphs (A) and (B) of this
paragraph (1), each ROC is assigned the MIR value set forth in
Appendices A and B to this Part.
D)
Except as provided in paragraph (3) of this subsection, only ROCs listed
in Appendices A and B to this Part, can be used to comply with the
reactivity limits specified in Section 223.410(b).
E)
All individual compounds in an amount equal to or exceeding 0.1 percent
shall be considered ingredients in calculating the PWMIR. Such
individual compounds shall be considered ingredients whether or not they
are reported by the manufacturer pursuant to Appendix A and B.
Section 223.410(j)(2) explains the calculation of PWMIR Values, as noted below:
A)
The MIR values dated January 1, 2009, shall be used to calculate the
PWMIR for aerosol coating products.
B)
If a new ROC is added to Appendices A and B to this regulation, then the
new ROC may be used in aerosol coating products, and the MIR value for
the new ROC shall be used to calculate the PWMIR after the effective
date of the MIR value.
Lastly, Section 223.410(j)(3) details the calculation of the MIR value for any aromatic
hydrocarbon solvent with a boiling range different from the ranges specified in
subsection (b) of Appendix B of this Part shall be assigned as follows:
A)
If the solvent dry point is lower than or equal to 420 degrees F, the MIR
value specified in subsection (b) of Appendix B of this Part for Bin 23
shall be used.
B)
If the solvent initial boiling point is higher than 420 degrees F, the MIR
value specified in subsection (b) of Appendix B of this Part for Bin 24
shall be used.
Section 223.420
Exemptions
This Section lists the various products which are not covered by the regulation.
These include: aerosol lubricants, mold releases, automotive underbody coatings,
electrical coatings, cleaners, belt dressings, anti-static sprays, layout fluids and removers,
adhesives, maskants, rust converters, dyes, inks, and leather preservatives or cleaners. In
38
addition, this Subpart shall not apply to any aerosol coating product manufactured in
Illinois for shipment and use outside of Illinois. Nor, as Section 223.420(c) states, shall
the provisions of this Subpart apply to a manufacturer, distributor, or responsible party
who sells, supplies, or offers for sale in Illinois an aerosol coating product that does not
comply with the limits specified in subsection 223.410(b), as long as the manufacturer,
distributor, or responsible party can demonstrate both that the aerosol coating product is
intended for shipment and use outside of Illinois, and that the manufacturer, distributor,
or responsible party has taken reasonable prudent precautions to assure that the aerosol
coating product is not distributed to Illinois. However, subsection (c) does not apply to
aerosol coating products that are sold, supplied, or offered for sale by any person to retail
outlets in Illinois. Finally, the requirements in subsection 223.410(b) prohibiting the
application of aerosol coating products that exceed the limits specified in the subsection
223.410(b) shall apply only to commercial application of aerosol coating products.
Section 223.430 Most
Restrictive Limit
Except as otherwise provided in Section 223.410(c), if anywhere on the container
of any aerosol coating product subject to the specified limits in subsection 223.410(b), or
on any sticker or label affixed thereto, or in any sales or advertising literature, any
representation is made that the product may be used as, or is suitable for use as a product
for which a lower limit is specified, then the lowest applicable limit shall apply.
Section
223.440
Labeling Requirements
This Section explains the duties of both the manufacturer and responsible party
for each aerosol coating product subject to this Subpart, to ensure that all products clearly
39
display the certain information on each product container which is manufactured 90 days
or later after January 1, 2009.
Also, products subject to the reactivity limits specified in Section 223.410(b) shall
display: the applicable reactivity limit for the product that is specified in Section
223.410(b); the aerosol coating category as defined in Section 223.407; and, the day,
month, and year on which the product was manufactured, or a code indicating such date.
The Section further requires that the information required shall be displayed on
the product container in a readily observable and clear manner. It also forbids anyone
from removing, altering, concealing, or defacing such information prior to final sale of
the product. Finally, for any aerosol coating product subject to Section 223.410(a), if the
manufacturer or responsible party uses a code indicating the date of manufacture or an
abbreviation of the coating category as defined in Section 223.407, an explanation of the
code or abbreviation must be filed with the Agency prior to the use of the code or
abbreviation.
Section 223.450 Reporting Requirements
This Section requires that any responsible party for an aerosol coating product
subject to this Subpart which is sold, supplied, or offered for sale in Illinois, must supply
the Agency, upon request, the company name, mail address, contact person, and the
telephone number of the contact person. For responsible parties who do not manufacture
their own aerosol coating products, the responsible party shall also supply the
information specified for those manufacturers which produce products for the responsible
party. The responsible party shall also notify the Agency within 30 days of any change in
the information supplied to the Agency.
40
Moreover, upon written notice, each manufacturer or responsible party subject to
this Subpart shall submit to the Agency a written report with the following information
for each product they manufacture under their name or another company's name: the
brand name of the product; a copy of the product label; the owner of the trademark or
brand names; the product category as defined in Section 223.407; the annual Illinois sales
in pounds per year and the method used to calculate Illinois annual sales, and; the product
formulation data. Concerning the product formulation data, for products subject to the
reactivity limits specified in Section 223.410(b), the WMIR and the weight fraction of all
ingredients including: water, solids, each ROC, and any compounds assigned a MIR
value of zero as specified in Section 223.410(j), and Appendices A or B to this Part.
Each ROC must be reported as an ingredient if it is present in an amount greater than or
equal to 0.1% by weight of the final aerosol coatings formulation. If an individual ROC
is present in an amount less than 0.1% by weight, then it does not need to be reported as
an ingredient. In addition, an impurity does not need to be reported as an ingredient if it
meets the following definition:
Rol the purpose of this section, an "impurity" means an individual chemical
compound present in a raw material which is incorporated into the final aerosol
coatings formulation, if the compound is present below the following amounts in
the raw material:
A)
For individual compounds that are carcinogens, as
defined in 29 CFR section 1910.1200(d)(4), each
compound must be present in an amount less than
0.1% by weight in order to be considered an
"impurity."
B)
For all other compounds present in a raw material,
a compound must be present in an amount less
than one percent by weight in order to be considered
an "impurity";
41
The Section also requires an identification of each product brand name as a
"household," "industrial," or "both" product, and any other information necessary to
determine the emissions or the product-weighted MIR from aerosol coating products.
Such information requested in this Subsection 223.450(b) may be supplied as an average
for a group of aerosol coating products within the same coating category when the
products do not vary in VOM content by more than two percent (by weight), and the
coatings are based on the same resin type, or the products are color variations of the same
product (even if the coatings vary by more than two percent in VOM content).
Lastly, upon written request, the responsible party for aerosol coating products
subject to this Subpart shall supply the Agency with a list of all exempt compounds
contained in any aerosol coating product within 15 working days.
Section 223.460?
Test Methods
This Section states that compliance with the requirements of this Subpart shall be
determined by using certain, prescribed, test methods. However, alternative test methods
which are shown to accurately determine the VOM content, ingredient name and weight
percent of each ingredient, exempt compound content, metal content, specular gloss, or
acid content may also be used after approval in writing by the Agency.
Appendix
A
Maximum Incremental
Reactivity
Appendix A contains "Tables of Maximum Incremental Reactivity (MIR)
Values" for the organic compounds covered by the Subpart.
Appendix
B MIR
Values for Hydrocarbon Solvents.
Appendix B contains the MIR values for both "Aliphatic Hydrocarbon Solvents"
and "Aromatic Hydrocarbon Solvents" covered by the Subpart.
42
VIII. CONCLUSION
The Agency proposes a new rule at 35 III. Adm. Code 223 to reduce emissions of
VOM from various consumer products, architectural and industrial maintenance products
and aerosol emissions.
WHEREFORE, for the reasons stated above, the Illinois EPA hereby submits
this regulatory proposal and requests the Board adopt this proposed new Part 223 for the
State of Illinois.
Respectfully submitted,
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY
Charles E. Matoesian
Assistant Counsel
Division of Legal Counsel
DATED: December 28, 2007
1021 North Grand Ave. East
P.O. Box 19276
Springfield, IL 62794-9276
43
ILLINIOS ENVIRONMENTA
PROTECTION AGEN
Charles E. Ma oesian
Assistant Counsel
Division of Legal Counsel
STATE OF ILLINOIS
SS
COUNTY OF SANGAMON
CERTIFICATE OF SERVICE
I, the undersigned, an attorney, state that I
have served the aPac!,_
REGULATORY PROPOSAL entitled "PROPOSED NEW 35
ILL. ADM. CODE PART 223
STANDARDS AND LIMITATIONS FOR ORGANIC MATERIAL EMISSIONS FOR AREA
SOURCES," MOTION FOR WAIVER OF REQUIREMENTS and APPEARANCE
upon the person to whom it is directed, by placing a copy in
an envelope addressed to:
Dorothy Gunn, Clerk
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph, Suite 11-500
Chicago, Illinois 60601-3218
(Overnight Mail)
Virginia Yang
Deputy Legal Counsel
Illinois Department of Natural Resources
One Natural Resources Way
Springfield, IL 62702
(First Class Mail)
Matthew Dunn, Chief
Division of Environmental Enforcement
Office of the Attorney General
188 West Randolph St., 20
th
Floor
Chicago, IL 60601
(First Class Mail)
and mailing it from Springfield, Illinois, with sufficient postage affixed, as indicated above.
DATED: December 31, 2007
1021 North Grand Ave. East
Springfield, IL 62794-9276
217.782.5544
217.782.9143 (TDD)