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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

Receive

cLEFfIcs oFFi

JUN 04

2008

IN THE MATTER OF:

PROPOSED NEW 35 ILL. ADM. CODE

PART 223 STANDARDS AND

LIMITATIONS FOR ORGANIC

MATERIAL EMISSIONS FOR AREA

Pollution

Control

Board

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph Street, Suite 11-500

Chicago, Illinois 60601

Matthew Dunn, Chief

Office of Attorney General

188 West Randolph Street, 20" Floor

Chicago, Illinois 60601

Springfield, Illinois 62705-5776

Timothy Fox, Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph Street, Suite 11-500

Chicago, Illinois 60601

Mark Biel

Chemical Industry Council of 111 nois

400 West Monroe, Suite 205

Springfield, Illinois 62704

Virginia Yang

Office of Legal Services

Illinois Department of Natural Resources

One Natural Resources Way

Springfield, Illinois 62702

PLEASE TAKE NOTICE that I have filed with the Office of the Pollution Control Board

the

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY'S SECOND ERRATA SHEET TO ITS

PROPOSAL FOR THE ADDITION OF 35 ILL. ADM. CODE 223

on behalf of the Illinois

Environmental Protection Agency, a copy of which is herewith served upon you.

Date: June 2, 2008

ILLINOIS ENVIRONMENTAL

Division of Legal Counsel

1021 North Grand Avenue East

P.O. Box 19276

Spring field, IL 62794-9276

THIS FILING IS SUBMITTED ON

217/782-5544

RECYCLED PAPER

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

R08 -

017

(Rulemaking —

Air)

REC

JUN

LINO

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY'S SECOND ERRATA

SHEET TO ITS PROPOSAL FOR THE ADDITION OF 35 ILL. ADM. CODE 223

NOW COMES the Illinois Environmental Protection Agency ("Illinois EPA"), by

and through its attorney Charles E. Matoesian, and submits this Second Errata Sheet to its

proposal for the addition of 35 Ill. Adm. Code 223. The Illinois EPA proposes the

following amendments to the text of the rules submitted in its proposal to the Board dated

January 2, 2008:

I. Amend Section 223.203 to clarify that the ASTM method specified was incorporated by

reference. The notation was inadvertently omitted from the proposed rule.

"Liquid" means a substance or mixture of substances which is capable of a visually

detectable flow as determined under ASTM D-4359-90(2000)el, incorporated by

reference in Section 223.120, including any subsequent amendments or an

equivalent method approved by the California Air Resources Board. This does not

include powders or other materials that are composed entirely of solid particles.

"Solid" means a substance or mixture of substances which, either whole or

subdivided (such as the particles comprising a powder), is not capable of visually

detectable flow as determined under ASTM D-4359-90(2000)el, incorporated by

reference in Section 223.120, or an equivalent method approved by the California

Air Resources Board.

"Special Purpose Spray Adhesive" means an aerosol adhesive that meets any of the

following definitions:

"Mounting Adhesive" means an aerosol adhesive designed to permanently

mount photographs, artwork, and any other drawn or printed media to a

backing (paper, board, cloth, etc.) without causing discoloration to the

artwork.

"Flexible vinyl adhesive" means an aerosol adhesive designed to bond

flexible vinyl to substrates. Flexible vinyl means a nonrigid polyvinyl

chloride plastic with at least five percent, by weight, of plasticizer content.

A plasticizer is a material, such as a high boiling point organic solvent, that

is incorporated into a plastic to increase its flexibility, workability, or

distensibility, and may be determined using ASTM Method E260-91,

incorporated by reference in Section 223.120, or from product formulation

data or an equivalent method approved by the CARB.

"Polystyrene Foam Adhesive" means an aerosol adhesive designed to bond

polystyrene foam to substrates.

"Automobile Headliner Adhesive" means an aerosol adhesive designed to

bond together layers in motor vehicle headliners.

"Polyolefin Adhesive" means an aerosol adhesive designed to bond

polyolefins to substrates.

"Laminate Repair/Edgebanding Adhesive" means an aerosol adhesive

designed for:

The touch-up or repair of items laminated with high pressure

laminates (e.g., lifted edges, delaminates, etc.); or

The touch-up, repair, or attachment of edgebanding materials,

including but not limited to, other laminates, synthetic marble,

veneers, wood molding, and decorative metals.

For the purposes of this definition "high pressure laminate" means

sheet materials which consist of paper, fabric, or other core material

that have been laminated at temperatures exceeding 265 degrees F,

and at pressures between 1,000 and 1,400 psi.

"Automotive Engine Compartment Adhesive" means an aerosol adhesive

designed for use in motor vehicle under-the-hood applications which

require oil and plasticizer resistance, as well as high shear strength, at

temperatures of 200 - 275 degrees F.

2. Amend Section 223.203 to change the term "Part" to Subpart" in the following

definitions.

The term Subpart more accurately describes the meaning of the words.

"Adhesive" means for purposes of this Subpart Part, any product that is used to bond

one surface to another by attachment. This does not include products used on humans

and animals, adhesive tape, contact paper, wallpaper, shelf liners, or any other product

with an adhesive incorporated onto or in an inert substrate. For "Contact Adhesive,"

adhesive does not include units of product, less packaging, which consist of more than

one gallon. For "Construction, Panel, and Floor Covering Adhesive," and "General

Purpose Adhesive," "Adhesive" does not include units of product, less packaging,

which weigh more than one pound and consist of more than 16 fluid ounces. This

limitation does not apply to aerosol adhesives.

"Architectural Coating" means for purposes of this Subpart Raft, a coating to be

applied to stationary structures or the appurtenances at the site of installation, to

portable buildings at the site of installation, to pavements, or to curbs. Coatings

applied in shop applications or to non-stationary structures such as airplanes, ships,

boats, railcars, and automobiles, and adhesives are not considered "Architectural

Coatings" for the purposes of this rule.

"Hair spray" means:

For products manufactured before January 1, 2009, a consumer product designed

primarily for the purpose of dispensing droplets of a resin on and into a hair

coiffure which will impart sufficient rigidity to the coiffure to establish or retain

the style for a period of time, and

For products manufactured on or after January 1, 2009, a consumer product that is

applied to styled hair, and is designed or labeled to provide sufficient rigidity, to

hold, retain and/or (finish) the style of the hair for a period of time. This includes

aerosol hair sprays, pump hair sprays, spray waxes; color, glitter, or sparkle

hairsprays that make finishing claims; and products that are both a styling and

finishing product. This does not include spray products that are intended to aid in

styling but does not provide finishing of a hairstyle. For the purposes of this

Subpart Part, "Finish" or "Finishing" means the maintaining and/or holding of

previously styled hair for a period of time. For the purposes of this Subpart Part,

"Styling" means the forming, sculpting, or manipulating the hair to temporarily

alter the hair's shape.

"Hair Styling Product" means a consumer product manufactured on or after January 1,

2009, that is designed or labeled for the application to wet, damp or dry hair to aid in

defining, shaping, lifting, styling and/or sculpting of the hair. This includes, but is not

limited to hair balm, clay, cream, creme, curl straightener, gel, liquid, lotion, paste,

pomade, putty, root lifter, serum, spray gel, stick, temporary hair straightener, wax, spray

products that aid in styling but do not provide finishing of a hairstyle, and leave-in

volumizers, detanglers and/or conditioners that make styling claims. This does not include

"Hair Mousse" "Hair Shine," "Hair Spray," or shampoos and/or conditioners that are

rinsed from the hair prior to styling. For the purposes of this Subpart Part, "Finish" or

"Finishing" means the maintaining and/or holding of previously styled hair for a period of

time. For the purposes of this Subpart Part, "Styling" means the forming, sculpting, or

manipulating the hair to temporarily alter the hair's shape.

"Sanding Sealer" means for purposes of this Subpart Part, a clear or semi-transparent

wood coating labeled and formulated for application to bare wood to seal the wood and to

provide a coat that can be abraded to create a smooth surface for subsequent applications

of coatings. A "Sanding Sealer" that also meets the definition of a "Lacquer" is not

included in this category, but it is included in the "Lacquer" category.

Amend Section 223.207 to clarify that the FIFRA section specified was incorporated

by reference. The notation was inadvertently omitted from the proposed rule.

For those consumer products that are registered under the Federal Insecticide,

Fungicide, and Rodenticide Act, (FIFRA, 7 U.S.C. Section 136-136y),

incorporated by reference in Section 223.120, the effective date of the VOM

standards will be January I, 2010.

Amend Section 223.208 to clarify that the California Code section specified was

incorporated by reference. The notation was inadvertently omitted from the proposed

rule.

Section 223.208

Requirements for Aerosol Adhesives

As specified in California Code section 41712(h)(2), incorporated by

reference in Section 223.120, the standards for aerosol adhesives apply to

all uses of aerosol adhesives, including consumer, industrial, and

commercial uses. Except as otherwise provided in Sections 223.207,

223.230, 223.240, 223.245, and 223.207, no person shall sell, supply, offer

for sale, use or manufacture for sale in Illinois any aerosol adhesive which,

at the time of sale, use, or manufacture, contains VOMs in excess of the

specified standard.

Amend Section 223.220 to clarifi that the California Code section specified was

incorporated by reference. The notation was inadvertently omitted from the proposed

rule.

a) No person shall sell, supply, or offer for sale on or after January 1, 2009,

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

the manufacturer can demonstrate that they have been issued an effective

certification by the CARB under the Consumer Products provisions under

Subchapter 8.5, Article 2, Section 94509(h), of Title 17 of the California

Code of Regulations, incorporated by reference in Section 223.120. This

certification remains in effect for Illinois for as long as the CARB

certification remains in effect.

6. Amend Section 223.240 to clarify that the California Code sections specified were

incorporated by reference. The notation was inadvertently omitted from the proposed

rule.

a) Any manufacturer of consumer products which have been granted an Innovative

Product exemption by the CARB under the Innovative Products provisions in

Subchapter 8.5, Article 2, Section 94511, or Subchapter 8.5, Article 1, Section

94503.5 of Title 17 of the California Code of Regulations both incorporated by

reference in Section 223.120, shall be exempt from the limits in 223.205(a) for the

period of time that the CARB Innovative Products exemption remains in effect,

provided that all consumer products within the CARB Innovative Products

exemption are contained in the limits in 223.205(a) of this regulation. Any

manufacturer claiming such an exemption on this basis must submit to the Agency

a copy of the CARB Innovative Product exemption decision (i.e., the Executive

Order), including all conditions established by CARB applicable to the exemption.

Amend Section 223.245 to clarify that the California Code section specified was

incorporated by reference. The notation was inadvertently omitted from the proposed

rule.

b) Any manufacturer of consumer products which have been granted an ACP

Agreement by the CARB under the provisions in Subchapter 8.5, Article 4,

Sections 94540-94555, of Title 17 of the California Code of Regulations,

incorporated by reference in Section 223.120, shall be exempt from the limits in

Section 223.205(a) for the period of time that the CARB ACP Agreement remains

in effect provided that all ACP Products used for emissions credits within the

CARB ACP Agreement are contained in Section 223.205(a) of this regulation.

Any manufacturer claiming such an ACP Agreement on this basis must submit to

the Agency a copy of the CARB ACP decision (i.e., the Executive Order),

including all conditions established by CARE applicable to the exemption.

8. Amend Section 223.270(a), to clarify that companies have 90 days, not 30, to submit

the pertinent information to the Illinois EPA. The 30 day limit was of concern to

members of the public.

a) Upon request, a responsible party must submit to the Agency any of the

following information within 90 3-0 days of a request by the Agency:

9. Amend Section 223.275(b), to clarify that companies have 90 days, not 30, to submit

the pertinent information to the Illinois EPA. The 30 day limit was of concern to

members of the public.

b) For each consumer product that contains perchloroethylene or methylene

chloride, the responsible party shall report the following information for

products sold in Illinois, upon request of the Agency, within 9030 days

written notice:

10. Amend Section 223.285(c) to correct the citation to the ASTM and reconcile it with the

newer version which was incorporated by reference.

Testing to determine whether a product is a liquid or solid shall be

performed using ASTM D4359-90 (2400)e-1-, which is incorporated

by reference in Section 223.120 or an equivalent method approved

by the CARB.

11. Amend Section 223.307 to add a line between the definitions of "Bituminous Roof

Primer" and "Bond Breaker." A blank line was inadvertently omitted.

"Bituminous Roof Primer" means a primer which incorporates "Bitumens" that is

labeled and formulated exclusively for roofing.

"Bond Breaker" means a coating labeled and formulated for application between

layers of concrete to prevent a freshly poured top layer of concrete from bonding to

the layer over which it is poured.

12. Amend Section 223.307 to change the term "Part" to Subpart" in the following

definitions. The term Subpart more accurately describes the meaning of the words.

"Coating" means for purposes of this Subpart

Raft,

a material applied onto or

impregnated into a substrate for protective, decorative, or functional purposes.

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

"Concrete Curing Compound" means for purposes of this Subpart Part, a coating

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

evaporation of water.

"Primer" means for purposes of this Subpart Part, a coating labeled and formulated

for application to a substrate to provide a firm bind between the substrate and

subsequent coats.

"Sanding Sealer" means for purposes of this Subpart Pit, a clear or

semi-transparent wood coating labeled and formulated for application to bare wood

to seal the wood and to provide a coat that can be abraded to create a smooth

surface for subsequent applications of coatings. A "Sanding Sealer" that also

meets the definition of a "Lacquer" is not included in this category, but it is

included in the "Lacquer" category.

"Sealer" means for purposes of this Subpart Part, a coating labeled and formulated

for application to a substrate for one or more of the following purposes: to prevent

subsequent coatings from being absorbed by the substrate, or to prevent harm to

subsequent coatings by materials in the substrate.

13.

Amend Section 223.307 to clarify that the ASTM method specified was incorporated

by reference. The notation was inadvertently omitted from the proposed rule.

"Nuclear Coating" means a protective coating formulated and recommended to seal

porous surfaces such as steel (or concrete) that otherwise would be subject to

intrusions by radioactive materials. These coatings must be resistant to long-term

(service life) cumulative radiation exposure [ASTM Method D 4082-89],

incorporated by reference in Section 223.120, relatively easy to decontaminate, and

resistant to various chemicals to which the coatings are likely to be exposed

[ASTM Method

3912-80 incorporated by reference in Section 223.120d.

14.

Amend Section 223.320, to clarify that companies only have to submit date codes to

the Illinois EPA upon request. It was not intended that companies should be required

to provide this information without a request from the Illinois EPA.

a) 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 upon

request.

15.

Amend Section 223.320, to clarify that companies only have to submit date codes to

the Illinois EPA upon request. It was not intended that companies should be required

to provide this information without a request from the Illinois EPA.

Date Code. The date the coating was manufactured, or a date code

representing the date, shall be indicated on the label, lid, or bottom of the

container. If the manufacturer uses a date code for any coating, the

manufacturer shall file an explanation of each code with the Agency upon

request.

16.

Amend Section 223.320(c) to repeat and clarify that "VOM Content" and "VOC

Content" shall have the same meaning. The use of the two terms caused confusion

among members

the public.

VOM or VOC Content. Each container of any coating subject to this rule

shall display either the maximum or the actual VOM content of the coating,

as supplied, or the actual VOM content including the maximum thinning as

recommended by the manufacturer. VOM content shall be displayed in

grams of VOM per liter of coating. VOM content displayed shall be

calculated using product formulation data, or shall be determined using the

test methods in subsection 223.340(b). The equations in subsection

223.340(a) shall be used to calculate VOM content. In each of the above

cases, the term "VOC content" shall have the same meaning as "VOM

content."

17.

Amend Section 223.330, to clarify that companies have 90 days, not 30, to submit the

pertinent information to the Illinois EPA. The 30 day limit was of concern to members

of the public.

a) Clear Brushing Lacquers. Each manufacturer of clear brushing lacquers

shall report the following information for products sold in Illinois, upon

request of the Agency, within 90 30 days written notice:

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. Each manufacturer of rust preventive coatings

shall report the following information for products sold in Illinois, upon

request of the Agency, within 90 30 days written notice:

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. Each manufacturer of

specialty primers, sealers, and undercoaters shall report the following

information for products sold in Illinois, upon request of the Agency, within

90 30 days written notice:

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.

Toxic Exempt Compounds. For each architectural coating that contains

perchloroethylene or methylene chloride, the manufacturer shall report the

following information for products sold in Illinois, upon request of the

Agency, within 90 30 days written notice:

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.

Recycled Coatings.

Manufacturers of recycled coatings must submit a letter to the

Agency self-certifying their status as a Recycled Paint Manufacturer

upon request of the Agency, within 90 30 days written notice.

Each recycled coatings manufacturer shall report the following

information for products sold in Illinois, upon request of the

Agency, within 90 30 days written notice:

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.

Bituminous Coatings. Each manufacturer of "Bituminous Roof Coatings"

or "Bituminous Roof Primers" shall report the following information for

products sold in Illinois, upon request of the Agency, within 90 30 days

written notice:

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.

18. Amend Section 223.370 to clarify that the various test methods specified were

incorporated by reference. The notation was inadvertently omitted from the proposed

rule.

Section

223.370

Test Methods

The following test methods are incorporated by reference herein, and shall be used to test

coatings subject to the provisions of this Subpart:

Flame Spread Index. The flame spread index of a fire-retardant coating

shall be determined by the ASTM Designation E 84-99, "Standard Test

Method for Surface Burning Characteristics of Building Materials," as

incorporated by reference in Section 223.120, (see Section 223.307,

Fire-Retardant Coating) or an equivalent method approved by the CARB.

Fire-Resistance Rating. The fire-resistance rating of a fire-resistive coating

shall be determined by ASTM designation E 119-98, "Standard Test

Methods for Fire Tests of Building Construction Materials," as incorporated

by reference in Section 223.120, (see Section 223.307, Fire-Resistive

Coating) or an equivalent method approved by the CARB.

Gloss Determination. The gloss of a coating shall be determined by ASTM

Designation D 523-89 (1999), "Standard Test Method for Specular Gloss,"

(see Section 223.307, Flat Coating, Non-flat Coating, Non-flat - High-Gloss

Coating, and Quick Dry Enamel) or an equivalent method approved by the

CARB.

Metal Content of Coatings. The metallic content of a coating shall be

determined by SCAQMD Method 318-95, "Determination of Weight

Percent Elemental Metal in Coatings by X-Ray Diffraction," SCAQMD

"Laboratory Methods of Analysis for Enforcement Samples," as

incorporated by reference in Section 223.120, (see Section 223.307,

Metallic Pigmented Coating).

Acid Content of Coatings. The acid content of a coating shall be

determined by ASTM Designation D 1613-96, "Standard Test Method for

Acidity in Volatile Solvents and Chemical Intermediates Used in Paint,

Varnish, Lacquer and Related Products," as incorporated by reference in

Section 223.120, (see Section 223.307, Pre-Treatment Wash Primer) or an

equivalent method approved by the CARB.

Drying Times. The set-to-touch, dry-hard, dry-to-touch and dry-to-recoat

times of a coating shall be determined by ASTM Designation D 1640-95,

"Standard Methods for Drying, Curing, or Film Formation of Organic

Coatings at Room Temperature," as incorporated by reference in Section

223.120, (see Section 223.307, QuickDry Enamel and Quick-Dry Primer,

Sealer, and Undercoater). The tack free time of a quick-dry enamel coating

shall be determined by the Mechanical Test Method of ASTM Designation

D 1640-95 or an equivalent method approved by the CARB.

Surface Chalkiness. The chalkiness of a surface shall be determined using

ASTM Designation D 4214-98, "Standard Test Methods for Evaluating the

Degree of Chalking of Exterior Paint Films," as incorporated by reference

in Section 223.120, (see Section 223.307, Specialty Primer, Sealer, and

Undercoater) or an equivalent method approved by the CARB.

Exempt Compounds – Siloxanes. Exempt compounds that are cyclic,

branched, or linear, completely methylated siloxanes, shall be analyzed as

exempt compounds for compliance with Section 223.340 by BAAQMD

Method 43, "Determination of Volatile Methylsiloxanes in Solvent-Based

Coatings, Inks, and Related Materials," BAAQMD Manual of Procedures,

Volume III, adopted November 6, 1996, as incorporated by reference in

Section 223.120, (see Section 223.307, Volatile Organic Material, and

subsection 223.340(b)).

Exempt Compounds - Parachlorobenzotrifluoride (PCBTF). The exempt

compound parachlorobenzotrifluoride, shall be analyzed as an exempt

compound for compliance with Section 223.400 by BAAQMD Method 41,

"Determination of Volatile Organic Compounds in Solvent-Based Coatings

and Related Materials Containing Parachlorobenzotrifluoride," BAAQMD

Manual of Procedures, Volume III, adopted December 20, 1995, as

incorporated by reference in Section 223.120, (see Section 223.307,

Volatile Organic Material, and subsection 223.340(b)).

Exempt Compounds. The content of compounds exempt under USEPA

Method 24 shall be analyzed by SCAQMD Method 303-91 (Revised 1993),

"Determination of Exempt Compounds," SCAQMD "Laboratory Methods

of Analysis for Enforcement Samples," as incorporated by reference in

Section 223.120, (see Section 223.307, Volatile Organic Material, and

subsection 223.340(b)).

VOM Content of Coatings. The VOM content of a coating shall be

determined by USEPA Method 24 as it exists in Appendix A of 40 Code of

Federal Regulations (CFR) Part 60, "Determination of Volatile Matter

Content, Water Content, Density, Volume Solids, and Weight Solids of

Surface Coatings," as incorporated by reference in Section 223.120, (see

subsection 223.340(6)) or an equivalent method approved by the CARB.

Alternative VOM Content of Coatings. The VOM content of coatings may

be analyzed by either USEPA Method 24 or SCAQMD Method 304-91

(Revised 1996), "Determination of Volatile Organic Compounds (VOC) in

Various Materials," SCAQMD "Laboratory Methods of Analysis for

Enforcement Samples," (see subsection 223.340(N) as incorporated by

reference in Section 223.120,.

Methacrylate Traffic Marking Coatings. The VOM content of methacrylate

muticomponent coatings used as traffic marking coatings shall be analyzed

by the procedures in 40 CFR part 59, subpart D, appendix A,

"Determination of Volatile Matter Content of Methacrylate

Multicomponent Coatings Used as Traffic Marking Coatings," (September

11, 1998), as incorporated by reference in Section 223.120, (see subsection

223.360) or an equivalent method approved by the CARB.

19.

Amend Section 223.407 to change the term "Part" to Subpart" in the following

definitions. The term Subpart more accurately describes the meaning of the words.

"Primer" means for purposes of this Subpart Part, a coating labeled and formulated for

application to a substrate to provide a firm bind between the substrate and subsequent

coats.

"Retail Outlet" means for purposes of this Subpart

PeFt,

any establishment at which

consumer products are sold, supplied, or offered for sale directly to consumers.

20.

Amend Section 223.450, to clarify that companies have 90 days, not 30, to submit the

pertinent information to the Illinois EPA. The 30 day limit was of concern to members

of the public.

Any responsible party for an aerosol coating product subject to this article

which is sold, supplied, or offered for sale in Illinois, must supply the

Agency, upon request, with the following information within 90 30 days of

the effective date of this Subpart: 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 in this

subsection (a) for those manufacturers which produce products for the

responsible party. The responsible party shall also notify the Agency

within 90 30 days of any change in the information supplied to the Agency

pursuant to this subsection (a).

Upon 90 30 days written notice, each manufacturer or responsible party

subject to this Subpart shall submit to the Agency a written report with all

of the following information for each product they manufacture under their

name or another company's name:

21.

Amend Section 223.450(b) to add a space after the caption "Product formulation

data:" and before the word "For.- The space was inadvertently left out of the original

text.

Product formulation data: For products subject to the reactivity

limits specified in Section 223.410(c), the WMIR and the weight

fraction of all ingredients including: water, solids, each ROC, and

any compounds assigned a

MHZ

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 that meets the following

definition does not need to be reported as an ingredient.

22.

Amend Section 223.460(a) and (b) to clarify that several of the various test methods

specified were incorporated by reference. The notation was inadvertently omitted

from the proposed rule.

Section 223.460

Test Methods

Compliance with the requirements of this Subpart shall be determined by using the

following test methods, which are incorporated by reference herein. 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:

The VOM content of all aerosol coating products subject to the provisions

of this Subpart shall be determined by the procedures set forth in "Air

Resources Board Method 310, Determination of Volatile Organic

Compounds (VOM) in Consumer Products and Reactive Organic

Compounds in Aerosol Coating Products," adopted September 25, 1997,

and as last amended on May 5, 2005, as incorporated by reference in

Section 223.120.

Testing for Products Subject to the Reactivity Limits Specified in Section

223.410(b).

The ingredients and the amount of each ingredient of all aerosol

coating products subject to the provisions of this Subpart shall be

determined by the procedures set forth in "Air Resources Board

Method 310, Determination of Volatile Organic Compounds (VOM)

in Consumer Products," adopted September 25, 1997 and as last

amended on May 5, 2005, as incorporated by reference in Section

223.120.

Upon written notification from the Agency, the aerosol coating

manufacturer shall have 10 working days to provide to the Agency

the following information for products selected for testing:

The product category as defined in Section 223.407;

The PWMIR;

The weight fraction of all ingredients including: water,

solids, each ROC, and any compounds assigned a MIR value

of zero as specified in sections 223.410(j), and Appendices

A and 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 that meets the following

definition does not need to be reported as an ingredient.

For 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:

For individual compounds that are carcinogens, as

defined in 29 CFR Section 1910.1200(d)(4), as

incorporated by reference in Section 223.120, each

compound must be present in an amount less than

0.1% by weight in order to be considered an

"impurity."

ii)

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";

Any other information necessary to determine the PWMIR

of the aerosol coating products to be tested.

Final determination of the PWMIR of the aerosol coatings shall be

determined using the information obtained from Appendix A and B.

23.

Amend Section 223.APPENDIX A, the "*" to clarify that the California Code section

specified was incorporated by reference. The notation was inadvertently omitted from

the proposed rule

ULMIR (as defined in Section 94521(a)(71), title 17, California Code of

Regulations,incorporated by reference in Section 223.120).

24.

Amend Section 223.APPENDIX B, the "* " to clarify that the California Code section

specified was incorporated by reference. The notation was inadvertently omitted from

the proposed rule

* ULMIR (as defined in Section 94521(a)(71), title 17, California Code of

Regulations,incorporated by reference in Section 223.120).

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

I, the undersigned, on oath state that I have served the attached Illinois Environmental

Protection Agency's Second Errata Sheet to its Proposal for the Addition of 35 Ill. Adm. Code

223 upon the person to whom it is directed, by placing it in an envelope addressed to:

TO:

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph Street, Suite 11-500

Chicago, Illinois 60601

Matthew Dunn, Chief

Office of Attorney General

188 West Randolph Street, 20

Floor

Chicago, Illinois 60601

Springfield, Illinois

6 2 7 0 5 -5 7 7 6

Timothy Fox, Hearing Officer

Illinois Pollution Control Board

James R. Thompson Center

100 W. Randolph Street, Suite 11-500

Chicago, Illinois 60601

Mark Biel

Chemical Industry Council of Illinois

400 West Monroe, Suite 205

Springfield, Illinois 62704

Virginia Yang

Office of Legal Services

Illinois Department of Natural Resources

One Natural Resources Way

Springfield, Illinois 62702

and mailing it by First Class Mail from Springfield, Illinois on June 2, 2008 with sufficient

postage affixed.

SUBSCRIBED AND SWORN TO BEFORE ME

this rd day of June, 2008

[

eaFt.4444444.4.4444.4.44.

CYNTHCYNT

SEAL

NOTARY

)

commisso

04044.44444.000.44.'

PUBLIC,

HIA

EXPIRES

STATE

L. WOLFE

104-2011

ILLINOIS .

THIS FILING IS SUBMITTED ON RECYCLED PAPER