TT
J INOTS
REGTSTER
I
3)
Section
Numbers:
223.
100
223.105
223.
120
223.200
223.201
223-203
223.205
223.206
223.207
223.208
223.209
223
.2 10
223.220
223.230
223.240
223.245
223.250
223.255
223.260
223.265
223.270
223.275
223.280
223.285
223.300
223.305
223.307
223.3
10
223.320
223.330
223.340
223.350
223.360
223.370
Proposed
Action:
New
New
New
New
New
New
New
New
New
New
New
New
New
New
New
New
New
New
New
New
New
New
New
New
New
New
New
New
New
New
New
New
New
New
08
POLLUTION
CONTROL
BOARD
NOTICE
OF
PROPOSED
RULES
1)
Heading
of
the
Part:
Standards
and
Limitations
for
Organic
Material
Emissions
for
Area
Sources
2)
Code
Citation:
35
Iii.
Adm
Code 223
ILLINOIS
REGISTER
2
08
POLLUTION
CONTROL
BOARD
NOTICE
OF PROPOSED
RULES
4)
Statutory
Authority:
Sections
27
and
28
of
the Illinois
Environmental
Protection
Act.
[415 ILCS
5/27
and
28]
5)
A Complete
Description
of
the
Subjects
and
Issues
Involved:
These
regulations
are
proposed
in
order to
attain
the new
USEPA
ozone
NAAQS
by
2010
and
to
protect
the
health
of
Illinois
citizens.
The
regulations
seek
to reduce
volatile
organic
material
emissions
(“VOM”)
from various
consumer
products,
architectural
and
industrial
maintenance
products.
If
adopted,
the
rule will
take
effect
on
January
1,
2009. These
products
represent
significant,
yet
widely
diffuse,
sources
of VOM
and
are comprised
of
the
various
forms
of consumer
products
used
by individual
households
and
small
businesses.
Together,
these
items
emit
about
10%
of the
total anthropogenic
VOM
emissions
from
sources
in
Illinois.
6)
Published
studies
or reports,
and
sources
of
underlying
data,
used
to compose
this
rulemaking:
The regulatory
proposal
included
the Illinois
EPA’s
Technical
Support
Document
that
relied
on
several
published
studies
and
reports.
Copies
of
the
documents
the Illinois
EPA
relied
upon
are available
for
review
with
the
Pollution
Control
Board.
7)
Will
this rulemaking
replace
any
emergency
rulemaking
currently
in
effect?
No
8)
Does
this
rulemaking
contain
an
automatic
repeal
date?
No
9)
Does
this
rulemaking
contain
incorporations
by
reference?
Yes
10)
Are there
any other
proposed
rulemakings
pending
on
this Part?
No
11)
Statement
of Statewide
Policy
Objective:
This proposed
rulemaking
does
not
create
or
enlarge
a
State
mandate,
as
defined
in Section
3(b)
of the
State
Mandates
Act
[30
ILCS
805/3(b)
(2002)].
12)
Time,
Place,
and
Manner
in
which
interested
persons
may
comment
on
this proposed
rulemaking:
The
Board
will
accept
written
public
comment
on
this proposal
for 45
days
after
the
date of
publication
in
the
Illinois
Register.
Comments
should
reference
Docket
R09-08
and
be addressed
to:
John
Therriault,
Chief Clerk
Clerk’s
Office
Illinois
Pollution
Control
Board
100
W.
Randolph
St.,
Suite
1
1-500
ILLINOIS
REGISTER
3
08
POLLUTION
CONTROL
BOARD
NOTICE OF
PROPOSED
RULES
Chicago,
IL
60601
Interested
persons
may
request
copies
of the
Board’s
opinion
and
order
by
calling
the
Clerk’s
office
at
312-814-3620,
or
download
from
the
Board’s
Web
site
at
www.ipcb.state.il.us.
For
more
information
contact
Tim
Fox
at
312/814-6085
or
email
at
foxt@ipcb.state.il.us.
13)
Initial
Regulatory
Flexibility
Analysis:
A)
Types
of
small
businesses,
small
municipalities
and
not
for
profit
corporations
affected:
This
proposed
rulemaking will
have
a modest
impact
on small
businesses
throughout
the
State.
B)
Reporting,
Bookkeeping
or other
procedures
required
for
compliance:
No
new
forms
of
recordkeeping
are
projected
to
be
needed.
Although
a
new
topic
for
some
companies,
most
calculations
will
be familiar.
Standard
bookkeeping
and
recordkeeping
skills
will
suffice.
Many
larger
companies
are already
performing
the reporting,
bookkeeping
and
compliance
duties
in
other
states.
C)
Types
of professional
skills
necessary
for compliance:
Traditional
accounting
skills
and recordkeeping
skills
will suffice.
No
new
professional
skills
will
be
necessary.
14)
Regulatory
Agenda on
which
this
rulemaking
was
summarized:
July
2007
The
full text
of
the
Proposed
Rules
begins
on the
next
page:
JCAR350223-08
1
7301r01
1
TITLE
35:
ENVIRONMENTAL
PROTECTION
2
SUBTITLE
B: AIR
POLLUTION
3
CHAPTER
I:
POLLUTION
CONTROL
BOARD
4
SUBCHAPTER
C:
EMISSION
STANDARDS
ANT)
LIMITATIONS
5
FOR
STATIONARY
SOURCES
6
7
PART 223
8
STANDARDS
AND
LIMITATIONS
FOR
ORGANIC
9
MATERIAL
EMISSIONS
FOR
AREA
SOURCES
10
NOV
b2OO8
11
SUBPART
A:
GENERAL
PROVISIONS
12
STATE
OF ILLINOIS
13
Section
Poution
Control
Board
14
223.100
Severability
15
223.105
Abbreviations
and
Acronyms
16
223.120
Incorporations
by
Reference
17
18
SUBPART
B:
CONSUMER
AND COMMERCIAL
PRODUCTS
19
Section
20
223
.200
Purpose
21
223.201
Applicability
22
223.203
Definitions
for Subpart
B
23
223 .205
Standards
24
223 .206
Diluted
Products
25
223.207
Products
Registered
under FIFRA
26
223 .208
Requirements
for Aerosol
Adhesives
27
223
.209
Requirements
for Floor
Wax
Strippers
28
223.210
Products
Containing
Ozone-Depleting
Compounds
29
223.220
Requirements
for Charcoal
Lighter
Material
30
223.230
Exemptions
31
223
.240
Innovative
Product
Exemption
32
223 .245
Alternative
Compliance
Plans
33
223.250
Product
Dating
34
223.255
Additional
Product
Dating
Requirements
35
223.260
Most
Restrictive
Limit
36
223 .265
Additional
Labeling
Requirements
for Aerosol
Adhesives,
Adhesive
Removers,
37
Electronic
Cleaners,
Electrical Cleaners,
Energized
Electrical
Cleaners,
and
38
Contact
Adhesives
39
223
.270
Reporting
Requirements
40
223.275
Special
Recordkeeping
Requirements
for
Consumer
Products
that Contain
41
Perchloroethylene
or Methylene
Chloride
42
223.280
Calculating
Illinois
Sales
43
223 .285
Test
Methods
JCAR350223-08 17301r01
44
45
SUBPART C:
ARCHITECTURAL ANT) INDUSTRIAL
MAINTENANCE
COATINGS
46
47
Section
48
223.300
Purpose
49
223.305
Applicability
50
223.307
Definitions
for Subpart
C
51
223.310
Standards
52
223.320
Container
Labeling Requirements
53
223.330
Reporting Requirements
54
223.340
Compliance Provisions and Test
Methods
55
223.350
Alternative Test
Methods
56
223.360
Methacrylate
Traffic Coating Markings
57
223.370
Test Methods
58
59
AUTHORITY: Implementing Section 10
and authorized
by
Sections
27 and 28 of the
60
Environmental Protection Act
[415 ILCS 5/10, 27 and
28].
61
62
SOURCE: Adopted in R08-17 at 33 Ill. Reg.
, effective
63
64
SUBPART
A: GENERAL
PROVISIONS
65
66
Section 223.100
Severability
67
68
If any Section, subsection, or clause
of this Part is found
invalid, such finding shall
not affect
the
69
validity of this Part as a whole or any Section,
subsection, or clause
not found invalid.
70
71
Section 223.105 Abbreviations and Acronyms
72
73
Unless otherwise specified within this Part,
the abbreviations used
in this Part shall be the
74
same as those
found in 35 Ill. Adm.
Code 211. The following
abbreviations and
75
acronyms are used
in this Part:
76
ACP
Alternative Control
Plan
Act
Environmental Protection
Act [415 ILCS
5]
Agency
Illinois Environmental
Protection Agency
ASTM
American Society
for Testing and
Materials
BAAQMD
Bay Area Air
Quality Management
District
CARB
California
Air Resources Board
Degrees Celsius
CFCs
Chiorofluorocarbons
CO
2
Carbon Dioxide
Degrees
Fahrenheit
JCAR350223-0817301r01
FDA
United
States
Food and
Drug Administration
FIFRA
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(7
USC
136 through
l36y)
FRP
Fiberglass
reinforced
plastic
HVOM
High Volatility
Organic
Material
HCFCs
Hydrochlorofluorocarbons
HFCs
Hydrofluorocarbons
LVP-VOM
Low
Vapor Pressure-Volatile
Organic
Material
MVOM
Medium
Volatility
Organic
Material
N2
Nitrogen
N20
Nitrous
Oxide
OER
Original
Equipment
Manufacturer
PCBTF
Parachlorobenzotrifluoride
ROC
Reactive
Organic
Compound
ROG
Reactive
Organic
Gas
SCAQMD
South
Coast Air
Quality
Management
District
USEPA
United
States
Environmental
Protection
Agency
VOM
Volatile
Organic
Material
77
78
Section 223.120
Incorporations
by Reference
79
80
The following
materials
are incorporated
by
reference.
These incorporations
do not include
any
81
later amendments
or
editions.
82
83
a)
40
CFR
59,
subpart
D, appendix
A,
Detennination
of
Volatile
Matter
Content
of
84
Methacrylate
Multicomponent
Coatings
Used
as Traffic
Marking
Coatings,
64
85
Fed.
Reg.
35002
(June 30,
1999).
86
87
b)
40
CFR
59,
subpart
C,
National
Volatile
Organic
Compound
Emission
Standards
88
for
Consumer
Products,
69 Fed.
Reg.
18803
(April 4, 2004).
89
90
c)
40 CFR
60, appendix
A, Method
24,
Determination
of
Volatile
Matter
Content,
91
Water Content,
Density,
Volume
Solids,
and Weight
Solids
of Surface
Coatings,
92
36 Fed.
Reg.
24877
(December
23,
1971).
93
94
d)
40 CFR
82,
subpart
A, appendix
A, Class
I Controlled
Substances,
68 Fed. Reg.
95
42892
(July
18, 2003)
and
appendix
B, Class II
Controlled
Substances,
68 Fed.
96
Reg.
2859
(January21,
2003).
97
98
e)
29
CFR
1910.1200(d)(4),
Hazard
Communication,
61 Fed.
Reg. 9245
(March
7,
99
1996).
100
JCAR350223-08
1 7301r01
101
f)
ASTM
International,
100 Barr
Harbor
Drive,
P0 Box
C700, West
Conshohocken
102
PA
19428-2959.
103
104
1)
ASTM
El
19-05a, Standard
Test
Methods
for Fire Tests
of Building
105
Construction
and
Materials,
approved
November
1,
2005.
106
107
2)
ASTM
D523-89 (1999),
Standard
Test
Method
for
Specular Gloss,
108
approvedMaylO,
1999.
109
110
3)
ASTM
D1640-03,
Standard
Test Methods
for
Drying,
Curing,
or
Film
111
Formation
of
Organic Coatings
at Room
Temperature,
approved
112
December
1,2003.
113
114
4)
ASTM
D3912-95
(2001),
Test Method
for Chemical
Resistance
of
115
Coating
Used
in
Light-Water
Nuclear
Power Plants,
reapproved
2001.
116
117
5)
ASTM
D4082-02,
Test
Method
for
Effects of
Radiation
on
Coatings
Used
118
in
Light-Water
Nuclear Power
Plants,
approved
2002.
119
120
6)
ASTM
D4214-98,
Standard
Test Methods
for
Evaluating
the
Degree
of
121
Chalking
of Exterior
Paint
Films, approved
August
10, 1998.
122
123
7)
ASTM
D1613-03,
Standard
Test
Method
for Acidity
in Volatile
Solvents
124
and Chemical
Intermediates
Used
in Paint,
Varnish,
Lacquer,
and Related
125
Products,
approved
October 1,
2003.
126
127
8)
ASTM E84-07,
Standard
Test
Method
for Surface
Burning
Characteristics
128
of Building
Materials,
approved
2007.
129
130
9)
ASTM
D4359-90
(2006),
Standard
Test
Method for
Determining
Whether
131
a Material
is a Liquid
or a Solid,
reapproved
2006.
132
133
10)
ASTM
E260-96
(2006),
Standard
Practice
for Packed
Column Gas
134
Chromatography,
reapproved
2006.
135
136
11)
ASTM
E2 167-01,
Standard
Guide
for Selection
and
Use
of
Stone
137
Consolidants
(see section
4, Stone
Consolidant),
approved
2001.
138
139
12)
ASTM C836-06,
Specification
for
High
Solids Content,
Cold
Liquid
140
Applied
Elastomeric
Waterproofing
Membrane
for
Use with
Separate
141
Wearing
Course,
approved
2006.
142
JCAR350223-08
1730 lrOl
143
13)
ASTM
D86-07b,
Standard Test
Method
for
Distillation
of
Petroleum
144
Products
at Atmospheric
Pressure,
approved
2007.
145
146
g)
South
Coast
Air Quality
Management
District,
21865
Copley Dr.,
Diamond
Bar
147
CA 91765.
148
149
1)
South
Coast
Air Quality
Management
District
(SCAQMD)
Method
304-
150
91, Determination
of
Volatile
Organic
Compounds
in
Various
Materials,
151
revised
February
1996.
152
153
2)
SCAQMD
Method
303-9
1, Determination
of
Exempt
Compounds,
revised
154
February 1993.
155
156
3)
SCAQMD
Method
318-95,
Determination
of Weight
Percent
Elemental
157
Metal
in
Coatings by
X-Ray Diffraction,
approved July
1996.
158
159
h)
Bay
Area
Air
Quality
Management
District
Office,
939
Ellis
Street, San
Francisco
160
CA
94109.
161
162
1)
Bay Area Air
Quality
Management
District
(BAAQMD)
Method
43,
163
Determination
of
Volatile
Methylsiloxanes
in Solvent-Based
Coatings,
164
Inks, and
Related
Materials,
proposed
amendment
February
4, 2004.
165
166
2)
BAAQMD
Method
41,
Determination
of Volatile
Organic
Compounds
in
167
Solvent-Based
Coatings
and
Related
Materials
Containing
168
Parachlorobenzotrifluoride,
proposed
amendment
February
4,
2004.
169
170
i)
California
Air Resources
Board
(CARB)
Method
310,
Determination
of
Volatile
171
Organic
Compounds
in Consumer
Products
and Reactive
Organic
Compounds
in
172
Aerosol Coating
Products,
amended
May 5,
2005.
California
Air Resources
173
Board,
1001
I Street,
P0 Box
2815,
Sacramento
CA
95812.
174
175
j)
SCAQMD
Rule
1174,
Ignition Method
Compliance
Certification
Protocol
176
(adopted
October
5,
1990).
177
178
k)
California
Code of Regulations
(CCR), title
17
§
94509(h),
Standards
for
179
Consumer
Products
(2005).
180
181
1)
California
Code, Health
and Safety
Code,
§
41712(h)(2)
(2005).
182
183
m)
17
CCR
Article 4,
Alternate
Control
Plan
§
94540-94555
(1996).
184
185
n)
17
CCR
§
94511,
Innovative
Products
(1997).
JCAR350223-08 17301r01
186
187
o)
17 CCR
§
94503.5,
Innovative
Products (1996).
188
189
p)
7 Usc
136 to l36y,
FIFRA,
Environmental
Pesticide control, published
January
190
19, 2004, in
Supplement
III of the 2000 Edition
of the United
States Code.
191
192
q)
Federal
Specification MMM-A-181D,
Adhesives, Phenol,
Resorcinol, or
193
Melamine
Base
(1980).
194
195
SUBPART B: CONSUMER
AND
COMMERCIAL
PRODUCTS
196
197
Section
223.200 Purpose
198
199
The purpose
of this
Subpart
is
to limit
emissions
of volatile organic materials
(VOM5)
by
200
requiring reductions
in the VOM content
of consumer
and commercial
products.
201
202
Section
223.201 Applicability
203
204
Except as provided
in Section 223 .230,
this Subpart
shall apply
to
any person who sells,
205
supplies, offers
for sale, or manufactures
consumer
products on or after
January 1,
2009, for
use
206
in Illinois.
207
208
Section 223.203 Definitions
for
Subpart
B
209
210
The definitions contained
in this Section apply
only to the
provisions
of this Subpart. Unless
211
otherwise
defined in this Section,
the definitions
of terms
used in this Subpart
shall have
the
212
meanings specified for
those terms in
35 Ill. Adm. Code
211.
213
214
“Adhesive”
means, for purposes
of this Subpart,
any
product
that is used to
bond
215
one surface
to another
by
attachment. This
does not include
products used
on
216
humans
and animals, adhesive
tape, contact
paper, wallpaper,
shelf liners, or
any
217
other product
with an adhesive
incorporated onto
or in an inert
substrate.
For
218
“Contact
Adhesive”, adhesive
does not
include
units of product,
less
packaging,
219
that consist
of more than
one gallon. For “Construction,
Panel,
and Floor
220
Covering Adhesive”,
and “General
Purpose
Adhesive”, “Adhesive”
does not
221
include units
of product,
less packaging, that weigh
more than
one pound
and
222
consist
of more than 16 fluid
ounces.
This
limitation
does
not
apply to aerosol
223
adhesives.
224
225
“Adhesive
Remover” means
a
product
designed to remove
adhesive from
either
a
226
specific substrate or
a variety of substrates.
“Adhesive
Remover” does
not
227
include
products that
remove adhesives
intended
exclusively
for use
on humans
or
228
animals.
JCAR350223-0817301r01
229
230
For the purpose
of this
definition
and
the
“Adhesive
Remover”
231
subcategories
listed
in
this definition,
the term
“Adhesive”
shall mean
a
232
substance
used
to bond one
or more materials.
Adhesive
includes,
but is
233
not limited
to,
caulks, sealants,
glues,
or similar
substances
used for
the
234
purpose
of
forming a
bond.
235
236
“Floor
and
Wall
Covering
Adhesive
Remover”
means
a product
designed
237
or
labeled
to remove
floor or wall
coverings
and
associated
adhesive
from
238
the underlying
substrate.
239
240
“Gasket or
Thread Locking
Adhesive
Remover”
means
a product
designed
241
or
labeled
to remove
gaskets or
thread locking
adhesives.
Products
242
labeled
for
dual
use
as a
paint stripper
and
gasket
remover
and/or
thread
243
locking
adhesive
remover
are
considered
“Gasket or
Thread Locking
244
Adhesive
Remover”.
245
246
“General Purpose
Adhesive
Remover”
means
a
product
designed
or
247
labeled
to
remove cyanoacrylate
adhesives
as well as
non-reactive
248
adhesives or
residue
from
a variety
of substrates.
“General
Purpose
249
Adhesive
Remover”
includes,
but is not
limited
to,
the
following:
products
250
that remove
thermoplastic
adhesives,
pressure
sensitive
adhesives,
251
dextrine
or starchbased
adhesives,
casein
glues,
rubber or latex-based
252
adhesives,
and
products
that
remove
stickers,
decals, stencils,
or similar
253
materials.
“General
Purpose
Adhesive
Remover”
does not
include
“Floor
254
or
Wall Covering
Adhesive
Remover”.
255
256
“Specialty
Adhesive
Remover”
means
a product
designed
to remove
257
reactive
adhesives
from
a
variety
of substrates.
Reactive
adhesives
258
include
adhesives
that require
a hardener
or catalyst
in order
for the
bond
259
to occur.
Examples
of
reactive
adhesives
include,
but are
not limited
to
260
epoxies,
urethanes,
and
silicones.
“Specialty Adhesive
Remover”
does
not
261
include
“Gasket
or Thread
Locking Adhesive
Remover.”
262
263
“Aerosol
Adhesive”
means
an aerosol
product
in which
the
spray mechanism
is
264
permanently
housed
in a
nonrefillable
can
designed for
hand-held
application
265
without
the
need for ancillary
hoses
or spray
equipment.
This does
not include
266
“special
purpose
spray
adhesives”,
“mist spray
adhesives”
and “web
spray
267
adhesives”.
268
269
“Aerosol
Cooking
Spray” means
any aerosol
product
designed
either
to reduce
270
sticking
on
cooking
and baking
surfaces
or to be
applied
on
food, or
both.
271
JCAR350223-08
1 7301r01
272
“Aerosol
Product”
means
a
pressurized
spray
system
that
dispenses
product
273
ingredients
by means
of a propellant
contained
in
a product
or a product’s
274
container,
or
by
means
of
a
mechanically
induced
force.
“Aerosol Product”
does
275
not
include
“Pump
Spray”.
276
277
“Agricultural
Use” means
the use
of any pesticide
or
method
or device
for the
278
control
of pests
in connection
with
the commercial
production,
storage,
or
279
processing
of
any
animal or
plant
crop.
This does not
include
the sale or
use
of
280
pesticides
in
properly
labeled packages
or
containers
that
are intended
for home
281
use,
use in structural
pest control,
or
industrial
or institutional
use. For the
282
purposes
of this definition
only:
283
284
“Home
Use”
means
use
in a household
or
its
immediate
environment;
285
286
“Structural
Pest
Control”
means a use
requiring
a
license
under the
287
Structural
Pest
Control
Act
[225
ILCS 235];
288
289
“Industrial
Use” means
use
for
or
in a manufacturing,
mining,
or chemical
290
process
or use
in the operation
of factories,
processing
plants,
and
similar
291
sites;
292
293
“Institutional
Use”
means
use within
the
lines of, or
on property
necessary
294
for the operation
of,
buildings
such as
hospitals,
schools,
libraries,
295
auditoriums,
and
office complexes.
296
297
“Air
Freshener”
means
any
consumer
product
including,
but
not
limited to,
298
sprays,
wicks,
powders,
and crystals,
designed
for the
purpose
of masking
odors,
299
or
freshening,
cleaning,
scenting,
or
deodorizing
the air.
“Air
Freshener”
does
not
300
include
products
that are
used
on
the human
body,
products
that function
301
primarily
as cleaning
products
as indicated
on a product
label,
“Toilet/Urinal
Care
302
Products”,
disinfectant
products
claiming
to
deodorize
by
killing germs
on
303
surfaces,
or institutional
and
industrial
disinfectants
when
offered for
sale
solely
304
through
institutional
and
industrial
channels
of distribution.
“Air Freshener”
does
305
include
spray
disinfectants
and other
products that
are expressly
represented
for
306
use
as
air fresheners,
except
institutional
and
industrial
disinfectants
when offered
307
for
sale
through
institutional
and industrial
channels
of
distribution.
To determine
308
whether
a product
is an
air
freshener,
all verbal
and visual
representations
309
regarding
product
use
on the
label or
packaging
and in
the
product’s
literature
and
310
advertising
may
be considered.
The
presence
of, and
representations
about,
a
311
product’s
fragrance
and
ability to
deodorize
(resulting
from
surface
application)
312
shall
not constitute
a claim of
air
freshening.
313
JCAR350223-08
1 7301r01
314
“All Other Carbon-Containing
Compounds”
means all
other compounds
that
315
contain at least
one carbon atom
and are not listed
under Section 223.205(a)
or
are
316
a “LVP-VOM”.
317
318
“All Other
Forms” means all consumer
product
forms
for which
no form-specific
319
VOM
standard is specified.
Unless
specified
otherwise
by
the
applicable VOM
320
standard,
“All
Other Forms”
include,
but is not limited to, solids,
liquids,
wicks,
321
powders,
crystals, and
cloth or paper wipes
(towelettes).
322
323
“Alternative
Control
Plan” or “ACP”
means any emissions
averaging
program
324
approved
by the Agency
pursuant
to
the provisions of this
Subpart.
325
326
“Antimicrobial
Hand or
Body
Cleaner
or Soap” means a cleaner
or soap
that is
327
designed
to reduce the
level of microorganisms
on the
skin through germicidal
328
activity.
This includes,
but is not limited
to, antimicrobial
hand
or body
329
washes/cleaners,
foodhandler
hand washes,
healthcare
personnel hand washes,
330
pre-operative
skin preparations
and
surgical
scrubs. “Antimicrobial
Hand
or
331
Body Cleaner
or Soap”
does not include prescription
drug
products,
332
antiperspirants,
“Astringent/Toner”,
deodorant,
“Facial Cleaner
or Soap”,
333
“General-use
Hand
or Body Cleaner
or Soap”, “Hand Dishwashing
Detergent”
334
(including
antimicrobial),
“Heavy-duty
Hand
Cleaner
or Soap”, “Medicated
335
Astringent/Medicated
Toner”, or
“Rubbing Alcohol”.
336
337
“Antiperspirant”
means any product,
including,
but not limited
to, aerosols, roll-
338
ons,
sticks,
pumps, pads, creams,
and squeeze-bottles,
that is intended
by the
339
manufacturer
to be used
to reduce perspiration
in the human
axilla by at least
20
340
percent in
at least 50 percent
of a target
population.
341
342
“Anti-Static
Product” means
a product that
is labeled to eliminate,
prevent,
or
343
inhibit the
accumulation
of static electricity. “Anti-Static
Product”
does not
344
include “Electronic
Cleaner”,
“Floor Polish
or Wax”, “Floor Coating”,
and
345
products that
meet the definition
of “Aerosol Coating
Product”
or “Architectural
346
Coating”.
347
348
“Appurtenance”
means any
accessory
to a stationary
structure
coated
at the
site
of
349
installation,
whether installed or
detached,
including,
but not limited
to, bathroom
350
and kitchen fixtures,
cabinets,
concrete forms,
doors, elevators,
fences, hand
351
railings, heating
equipment,
air conditioning equipment,
and
other fixed
352
mechanical
equipment or stationary
tools,
lampposts, partitions,
pipes and piping
353
systems, rain
gutters and
downspouts,
stairways, fixed ladders,
catwalks
and fire
354
escapes,
and window
screens.
355
JCAR350223-0817301r01
356
“Architectural
Coating”
means, for purposes
of this Subpart,
a
coating
to
be
357
applied
to stationary
structures or the appurtenances
at
the site of installation,
to
358
portable
buildings at the
site
of installation,
to pavements,
or to curbs. Coatings
359
applied in shop applications
or to
non-stationary structures
such as
airplanes,
360
ships, boats, railcars,
and automobiles,
and
adhesives
are not considered
361
“Architectural
Coatings” for the
purposes
of this
Subpart.
362
363
“Astringent/Toner”
means any
product not regulated
as a drug
by the United
364
States
Food and Drug Administration
(FDA)
that is applied to the
skin for
the
365
purpose of
cleaning
or tightening
pores. This
category
also
includes clarifiers
and
366
substrate-impregnated
products.
This category
does not include
any hand,
face,
or
367
body cleaner
or soap product,
“Medicated Astringent/Medicated
Toner”, cold
368
cream,
lotion, or antiperspirant.
369
370
“Automotive
Brake Cleaner”
means a cleaning
product designed
to remove
oil,
371
grease, brake
fluid, brake pad material
or dirt
from motor vehicle
brake
372
mechanisms.
373
374
“Automotive
Hard Paste Wax”
means an
automotive wax or polish
that is
375
designed to
protect
and
improve the appearance
of automotive
paint surfaces,
and
376
is a solid
at room temperature,
and contains
0%
water
by
formulation.
377
378
“Automotive Instant
Detailer” means
a product designed
for use in a pump
spray
379
that is
applied
to
the painted surface
of automobiles
and wiped off prior
to the
380
product being allowed
to dry.
381
382
“Automotive
Rubbing
or
Polishing
Compound”
means a product designed
383
primarily to remove
oxidation, old
paint, scratches
or swirl marks,
and other
384
defects from the painted
surfaces
of motor vehicles
without leaving
a protective
385
barrier.
386
387
“Automotive
Wax,
Polish, Sealant, or
Glaze”
means
a product designed
to
seal
388
out moisture, increase
gloss, or
otherwise
enhance a motor
vehicle’s
painted
389
surfaces.
This
includes, but is not limited
to, products
designed for use
in
390
autobody repair shops
and drive-through
car washes, as
well
as products
designed
391
for
the general
public.
The term does
not include
“Automotive Rubbing
or
392
Polishing Compounds”,
automotive
wash and wax products,
surfactant-containing
393
car wash products,
and products designed
for use on
unpainted surfaces
such as
394
bare metal,
chrome, glass, or plastic.
395
396
“Automotive
Windshield Washer
Fluid” means
any liquid
designed for use in
a
397
motor
vehicle
windshield washer
system
either as an antifreeze
or for the
purpose
JCAR350223-08
17301r01
398
of
cleaning, washing,
or wetting
the
windshield.
This does not
include fluids
399
placed by the
manufacturer
in a new vehicle.
400
401
“Bathroom
and Tile Cleaner”
means
a product designed
to
clean
tile or
surfaces
in
402
bathrooms.
The
term
does not include
products designed
primarily
to clean
toilet
403
bowls,
toilet tanks or urinals.
404
405
“Bug and Tar Remover”
means a
product labeled
to remove
either
or both
of
the
406
following from painted
motor vehicle
surfaces
without causing
damage to the
407
finish: biological-type
residues
such as insect carcasses,
tree sap
and road
grime
408
such as road tar, roadway
paint markings,
and
asphalt.
409
410
“Carburetor or Fuel-Injection
Air
Intake
Cleaners”
means a product
designed
to
411
remove fuel deposits,
dirt, or
other contaminants from
a carburetor,
choke,
throttle
412
body of a fuel-injection
system,
or associated
linkages, excluding
products
413
designed exclusively
to be introduced
directly into
the
fuel lines
or fuel storage
414
tank prior to introduction
into the
carburetor
or
fuel injectors.
415
416
“Carpet and
Upholstery Cleaner”
means
a cleaning
product designed
for the
417
purpose of eliminating
dirt
and
stains on rugs,
carpeting, and the
interior
of motor
418
vehicles and/or
on household
furniture or objects
upholstered
or covered with
419
fabrics
such as wool, cotton,
nylon
or other
synthetic fabrics.
This includes,
but is
420
not
limited
to, products
that make
fabric
protectant claims.
The term does
not
421
include
“General Purpose
Cleaners”,
“Spot Removers”,
vinyl or leather
cleaners,
422
dry
cleaning fluids, or products
designed
exclusively
for use at industrial
facilities
423
engaged
in
furniture
or carpet manufacturing.
424
425
“Charcoal Lighter Material”
means
any combustible material
designed
to be
426
applied
on, incorporated
in, added to,
or used with
charcoal to enhance
ignition.
427
The
term
does
not
include
any of
the following: electrical
starters
and
probes,
428
metallic
cylinders using
paper
tinder,
natural gas, propane,
and fat wood.
429
430
“Colorant”
means, for purposes
of this
Subpart, any pigment
or coloring
material
431
used in
a consumer product
for an aesthetic
effect
or to
dramatize an
ingredient.
432
433
“Construction,
Panel, and
Floor Covering
Adhesive”
means
any
one-component
434
adhesive
that is designed
exclusively
for the installation,
remodeling,
435
maintenance,
or repair
of structural and
building components
that include,
but are
436
not
limited to, beams,
trusses, studs,
paneling (including,
but not
limited to,
437
drywall or drywall laminates,
fiberglass
reinforced
plastic (FRP), plywood,
438
particle
board, insulation
board,
pre-decorated hardboard
or tileboard),
ceiling
and
439
acoustical tile,
molding, fixtures,
countertops
or countertop laminates,
cove
or
440
wall bases, flooring
or
subflooring,
or
floor
or wall coverings (including,
but
not
JCAR350223-08
17301r01
441
limited to, wood
or simulated
wood covering,
carpet, carpet pad
or cushion,
vinyl-
442
backed carpet,
flexible flooring
material, nonresilient
flooring
material, mirror
443
tiles and other
types of tiles,
and artificial
grass). The term
does not include
444
Floor Seam
Sealer”.
445
446
“Consumer”
means any
person
who purchases
or acquires
any consumer
product
447
for personal,
family,
household, or
institutional use. Persons
acquiring
a
448
consumer
product for
resale are not “consumers”
for
that product.
449
450
“Consumer
Product”
means a chemically
formulated
product
used
by household
451
and institutional consumers
including,
but not
limited to, detergents,
cleaning
452
compounds,
polishes,
floor finishes,
cosmetics, personal
care
products,
home
453
lawn and
garden
products,
disinfectants,
sanitizers,
aerosol paints, and
automotive
454
specialty
products.
“Consumer Product”
does not
include other
paint products,
455
furniture
coatings, or
architectural
coatings. As used in
this Subpart,
“Consumer
456
Product”
shall also refer
to “Aerosol
Adhesive”,
including
an “Aerosol
Adhesive”
457
used for
consumer,
industrial or
commercial uses.
458
459
“Contact
Adhesive”
means an
adhesive
that is designed
for application
to
both
460
surfaces
to
be bonded
together, and is
allowed to dry
before
the
two surfaces
are
461
placed in contact with
each other,
and forms
an
immediate bond
that is
462
impossible, or
difficult, to
reposition
after both
adhesive-coated
surfaces
are
463
placed in contact
with each
other, and does not
need
sustained
pressure or
464
clamping of
surfaces after the
adhesive-coated
surfaces
have been brought
465
together using
sufficient
momentary pressure
to establish full
contact
between
466
both surfaces.
The term does
not include
rubber
cements
that are primarily
467
intended for
use
on paper
substrates.
“Contact Adhesive” also
does not
include
468
vulcanizing
fluids that are
designed and labeled
for tire
repair only.
469
470
“Contact
Adhesive — General
Purpose” means
any
contact
adhesive that is
not a
471
“Contact Adhesive
— Special
Purpose”.
472
473
“Contact Adhesive
— Special
Purpose” means
a contact adhesive
that is used
to
474
bond melamine-covered
board,
unprimed
metal, unsupported vinyl,
Teflon,
ultra-
475
high molecular
weight
polyethylene,
rubber,
or high pressure
laminate or
wood
476
veneer 1/16 inch
or less in thickness
to
any
porous or
nonporous
surface, and
is
477
sold in units
ofproduct,
less packaging, that
contain more than
eight
fluid
ounces,
478
or is
used in
automotive applications
that
are either
automotive
under the
hood
479
applications
requiring
heat,
oil or
gasoline
resistance or
body-side molding,
480
automotive
weatherstrip
or decorative trim.
481
482
“Container/Packaging”
means
the
part or parts
of the consumer or institutional
483
product
that serve
only to contain,
enclose, incorporate,
deliver,
dispense, wrap
or
JCAR350223-08 17301r01
484
store the chemically formulated
substance or mixture of substances that is
solely
485
responsible for accomplishing the purposes for
which the product was designed
or
486
intended. This includes any article onto or into which the
principal display
panel
487
and
other
accompanying literature
or graphics are incorporated, etched,
printed
or
488
attached.
489
490
“Crawling Bug Insecticide” means any insecticide
product that is designed for
use
491
against
ants, cockroaches,
or other household crawling arthropods,
including,
but
492
not limited to, mites, silverfish
or spiders, excluding products designed to
be used
493
exclusively on humans or animals, or any house
dust mite product. For the
494
purposes of this definition only:
495
496
“House dust mite product”
means
a
product whose label, packaging,
or
497
accompanying literature
states that the product
is suitable for use against
498
house dust mites, but does not indicate
that the product is suitable for
use
499
against ants, cockroaches,
or other household crawling arthropods.
500
501
“House dust mite”
means mites that feed primarily
on skin cells shed in
502
the home by humans and
pets and that belong to the phylum Arthropoda,
503
the subphylum Chelicerata, the class
Arachnida, the subclass Acari,
the
504
order Astigmata,
and the family Pyroglyphidae.
505
506
“Date-Code” means the day,
month and year on which the consumer product
was
507
manufactured, filled, or packaged, or
a code indicating that date.
508
509
“Deodorant” means:
510
511
For products manufactured
before January 1, 2009: any product
including,
512
but not limited to, aerosols, roll-ons, sticks,
pumps, pads, creams, and
513
squeeze-bottles that is intended
by the manufacturer to be used to
514
minimize
odor in the human axilla
by
retarding the
growth of bacteria
that
515
cause the decomposition of perspiration.
516
517
For products manufactured on or after
January 1, 2009: any product
518
including, but not limited
to, aerosols, roll-ons, sticks, pumps,
pads,
519
creams, and squeeze-bottles that indicates
or depicts on the container
or
520
packaging,
or on any sticker or label affixed
to
the
container or packaging,
521
that the product can be
used on or applied to the human axilla to
provide
a
522
scent and/or minimize odor. A
“Deodorant Body Spray” product that
523
indicates
or depicts on the container or
packaging, or on any sticker
or
524
label affixed to
the container or packaging, that it
can be used on or
525
applied to the human axilla
is a “Deodorant”
526
JCAR350223-08
17301r01
527
“Deodorant Body
Spray” means:
528
529
For products
manufactured
before January
1, 2009, a “Personal
Fragrance
530
Product”
with
20 percent
or less fragrance.
531
532
For products manufactured
on or
afier January
1, 2009, a “Personal
533
Fragrance
Product”
with 20 percent
or less fragrance,
that is designed
for
534
application
all over the human body
to provide
a scent. A “Deodorant
535
Body Spray” product
that indicates
or depicts
on the container or
536
packaging,
or
on any sticker or label
affixed to
the container or packaging,
537
that it can be
used on or applied
to the human
axilla, is a “Deodorant”.
538
539
“Device”
means any instrument
or contrivance
(other
than a firearm) designed
for
540
trapping,
destroying,
repelling, or mitigating
any
pest
or any other form of
plant
541
or
animal life
(other than
man and other
than bacterium, virus,
or another
542
microorganism
on
or
in living man or other
living
animals),
but not including
543
equipment
used for the
application
of
pesticides when sold
separately
from
the
544
device.
545
546
“Disinfectant”
means
any product intended
to destroy
or irreversibly inactivate
547
infectious
or other
undesirable bacteria,
pathogenic
fungi, or viruses on
surfaces
548
or inanimate objects
and whose label
is registered
under the Federal
Insecticide,
549
Fungicide, and
Rodenticide
Act (FIFRA, 7
USC
136
et seq.). “Disinfectant”
does
550
not include
any of the following
products
designed
solely for use
on humans
or
551
animals, products
designed for
agricultural
use, products designed
solely for
use
552
in swimming
pools, therapeutic
tubs, or hot tubs,
products
that, as indicated
on the
553
principal
display panel or label,
are designed
primarily for use as
bathroom
and
554
tile cleaners,
glass
cleaners,
general purpose cleaners,
toilet
bowl cleaners,
or
555
metal polishes.
556
557
“Double Phase
Aerosol Air Freshener”
means
an aerosol air freshener
with
the
558
liquid contents
in two or more distinct
phases
that require the product
container
to
559
be shaken before
use to mix
the phases, producing
an emulsion.
560
561
“Dry Cleaning Fluid”
means
any non-aqueous liquid
product designed
and labeled
562
exclusively
for use on fabrics that
are labeled
“dry clean only”, such
as clothing
or
563
drapery or “S-coded”
fabrics.
This includes,
but is not limited to,
those products
564
used by commercial
dry
cleaners and commercial
businesses
that clean fabrics
565
such as
draperies
at the customer’s
residence
or work place. The
term
does not
566
include
“Spot Remover”
or “Carpet and
Upholstery Cleaner”.
For the
purposes
of
567
this definition,
“S-coded
fabric” means an
upholstery
fabric
designed to be
568
cleaned
only with water-free
spot cleaning
products
as specified by the Joint
569
Industry
Fabric
Standards
Committee.
JCAR350223-08
1 7301r01
570
571
“Dusting
Aid” means a product
designed
to assist in removing
dust and other
soils
572
from
floors
and other surfaces
without
leaving a wax or silicone
based coating.
573
The term
does
not include
“Pressurized
Gas Duster”.
574
575
“Electrical Cleaner”
means a
product
labeled
to
remove
heavy soils
such as
576
grease, grime, or
oil from electrical
equipment, including,
but not
limited to,
577
electric motors,
armatures, relays,
electric
panels,
or generators. The
term
does
578
not include “General
Purpose
Cleaner”,
“General
Purpose Degreaser”,
“Dusting
579
Aid”, “Electronic
Cleaner”, “Energized
Electrical
Cleaner”, “Pressurized
Gas
580
Duster”, “Engine
Degreaser”,
“Anti-Static
Product”, or products
designed to
clean
581
the
casings
or housings of electrical
equipment.
582
583
“Electronic
Cleaner” means a product
labeled
for the removal of dirt,
moisture,
584
dust, flux or oxides
from the
internal components
of electronic
or precision
585
equipment such
as circuit boards,
and
the internal
components of electronic
586
devices, including,
but not
limited
to, radios, compact
disc (CD)
players, digital
587
video disc
(DVD) players, and computers.
“Electronic
Cleaner” does
not include
588
“General Purpose
Cleaner”,
“General Purpose
Degreaser”, “Dusting
Aid”,
589
“Pressurized
Gas Duster”, “Engine
Degreaser”,
“Electrical Cleaner”,
“Energized
590
Electrical
Cleaner”, “Anti-Static
Product”,
or products designed
to clean
the
591
casings or
housings
of electronic
equipment.
592
593
“Energized
Electrical Cleaner”
means
a product that meets
both of the following
594
criteria:
595
596
The product
is labeled
to
clean and/or degrease
electrical
equipment,
597
where cleaning
and/or degreasing
is accomplished
when electrical
current
598
exists, or when
there is
a
residual electrical potential
from
a
component,
599
such as a capacitor.
600
601
The product label
clearly displays
the statements:
“Energized equipment
602
use only.
Not
to be used for motorized
vehicle
maintenance, or their
603
parts.”
604
605
This does not include
“Electronic
Cleaner”.
606
607
“Engine
Degreaser”
means a cleaning
product
designed
to remove grease,
grime,
608
oil and other contaminants
from
the external surfaces of
engines
and
other
609
mechanical parts.
610
JCAR350223-08
17301r01
61
1
“Existing
Product”
means any formulation
of
the same product
category and form
612
sold, supplied,
manufactured,
or offered
for
sale in Illinois prior
to January
1,
613
2009 or any
subsequently
introduced identical
formulation.
614
615
“Fabric
Protectant” means
a product
designed to be applied
to fabric substrates
to
616
protect
the
surface from
soiling from dirt
and other impurities
or
to
reduce
617
absorption
of liquid
into the fabric’s fibers.
The term
does not include
618
waterproofers, products
designed
for use solely on leather,
or products
designed
619
for
use solely
on
fabrics labeled “dry
clean
only” and
sold in containers
of 10
620
fluid ounces or less.
621
622
“Fabric Refresher”
means a product
labeled to
neutralize or eliminate
odors
on
623
non-laundered
fabric including, but
not limited to,
soft household surfaces,
rugs,
624
carpeting, draperies,
bedding, automotive
interiors, footwear,
athletic
equipment,
625
or
clothing or
on
household furniture
or
objects upholstered
or covered
with
626
fabrics such as, but
not limited
to,
wool, cotton, or nylon.
“Fabric Refresher”
does
627
not
include “Anti-static
Product”, “Carpet
and Upholstery
Cleaner”,
“Soft
628
Household Surface
Sanitizers”,
“Footwear
or Leather
Care Product”,
“Spot
629
Remover”,
or “Disinfectant”,
or products
labeled for
application
to both fabric
and
630
human skin.
631
632
For
the purposes of this
definition only,
“Soft Household
Surface
633
Sanitizer” means a product
labeled
to neutralize or eliminate
odors on
the
634
listed
surfaces whose
label is registered
as a sanitizer
under the
Federal
635
Insecticide,
Fungicide, and Rodenticide
Act
(FIIFRA,
7
USC
136 et
seq.).
636
637
“Facial
Cleaner
or Soap”
means a cleaner
or soap designed
primarily to clean
the
638
face
including, but not limited
to,
facial
cleansing creams, semisolids,
liquids,
639
lotions,
and substrate-impregnated
forms.
The term does
not include
prescription
640
drug
products, “Antimicrobial
Hand
or
Body Cleaner or Soap”,
641
“Astringent/Toner”,
“General-use
Hand or
Body
Cleaner
or Soap”, “Medicated
642
Astringent/Medicated
Toner”,
or “Rubbing
Alcohol”.
643
644
“Fat Wood”
means
pieces
of wood kindling
with high naturally-occurring
levels
645
of
sap
or resin that enhance ignition
of the
kindling, excluding
any kindling with
646
substances
added
to enhance
flammability,
such as wax-covered
or wax
647
impregnated
wood-based products.
648
649
“Faux
Finishing
Coating”
means a coating
labeled and
formulated as
a stain or a
650
glaze
to create artistic
effects including,
but
not limited
to, dirt, old age,
smoke
651
damage,
and simulated
marble
and
wood grain.
652
JCAR350223-08
1
7301r01
653
“Flea
and
Tick
Insecticide”
means
any insecticide
product
that
is designed
for
use
654
against
fleas,
ticks, their
larvae, or their
eggs.
The term
does
not include
products
655
that
are designed
to be
used exclusively
on humans
or
animals
and
their bedding.
656
657
“Flexible
Flooring
Material”
means asphalt,
cork, linoleum,
no-wax,
rubber,
658
seamless
vinyl and vinyl
composite
flooring.
659
660
“Floor
Coating”
means an
opaque coating
that is
labeled and
formulated
for
661
application
to
flooring, including,
but
not limited
to, decks,
porches,
steps, and
662
other
horizontal
surfaces that
may
be
subjected
to foot
traffic.
663
664
“Floor
Polish or
Wax”
means a
wax, polish,
or any other
product
designed
to
665
polish,
protect,
or enhance
floor surfaces
by leaving
a
protective
coating
that is
666
designed
to be periodically
replenished.
The term
does
not
include “Spray
Buff
667
Products”,
products
designed
solely
for the purpose
of
cleaning
floors,
floor finish
668
strippers,
products
designed
for unfinished
wood
floors, and
coatings subject
to
669
architectural
coatings
regulations.
670
671
“Floor
Seam
Sealer”
means
any product
designed
and
labeled
exclusively
for
672
bonding,
fusing,
or sealing
(coating) seams
between
adjoining
rolls of
installed
673
flexible
sheet
flooring.
674
675
“Floor
Wax
Stripper”
means a product
designed
to
remove
natural
or synthetic
676
floor
polishes
or waxes
through
breakdown
of the polish
or
wax polymers,
or
by
677
dissolving
or emulsifying
the
polish
or wax.
This
does
not include
aerosol
floor
678
wax strippers
or products
designed
to remove
floor
wax
solely
through abrasion.
679
680
“Flying
Bug Insecticide”
means
any insecticide
product
that is
designed
for
use
681
against flying
insects
or other
flying
arthropods,
including
but not
limited
to flies,
682
mosquitoes,
moths,
or gnats.
The term does
not include
“Wasp
and Hornet
683
Insecticide”,
products
that
are
designed
to
be used exclusively
on
humans
or
684
animals,
or
any
moth-proofing
product.
685
686
For purposes
of this
definition
only,
“Moth-Proofing
Product”
means
a
687
product
whose
label, packaging,
or
accompanying
literature
indicates
that
688
the product
is
designed
to
protect
fabrics from
damage
by
moths,
but does
689
not
indicate that
the product
is suitable
for
use
against flying
insects
or
690
other flying
arthropods.
691
692
“Footwear
or Leather
Care
Product”
means
any
product
designed
or labeled
to
be
693
applied
to footwear
or to other
leather
articles/components
to
maintain,
enhance,
694
clean,
protect,
or modify
the
appearance,
durability,
fit,
or
flexibility
of the
695
footwear
or leather
article/component.
Footwear
includes
both
leather
and non-
JCAR350223-08
17301r01
696
leather
foot apparel.
“Footwear or Leather
Care Product”
does not
include
697
“Fabric
Protectant”,
“General
Purpose
Adhesive”,
“Contact Adhesive”,
698
“Vinyl/Fabric/Leather/Polycarbonate
Coating”, “Rubber
and
Vinyl
Protectant”,
699
“Fabric Refresher”,
products solely
for deodorizing,
or sealant
products with
700
adhesive properties
used
to
create external
protective layers greater
than two
701
millimeters
thick.
702
703
“Fragrance”
means
a substance
or complex
mixture of aroma
chemicals,
natural
704
essential
oils, and other
functional components
with a
combined
vapor
pressure
705
not in excess
of two mm
of
Hg at 20°C,
the sole purpose
of which is to
impart
an
706
odor or
scent, or to counteract
a malodor.
707
708
“Furniture
Maintenance
Product” means
a wax,
polish,
conditioner, or
any other
709
product designed
for the
purpose
of polishing,
protecting or
enhancing
finished
710
wood
surfaces other than
floors. The term
does
not include
“Dusting Aids”,
711
“Wood Cleaners”,
products
designed
solely for the purpose
of
cleaning,
and
712
products
designed to leave
a permanent finish
such
as
stains, sanding sealers
and
713
lacquers.
714
715
“Furniture
Coating” means
any paint
designed for application
to room
furnishings
716
including,
but not limited
to, cabinets
(kitchen, bath and
vanity),
tables,
chairs,
717
beds,
and sofas.
718
719
“Gel” means a
colloid in which
the disperse phase
has combined
with the
720
continuous
phase to produce a semisolid
material,
such
as
jelly.
721
722
“General Purpose
Adhesive”
means any non-aerosol
adhesive
designed for
use on
723
a variety of substrates.
The
term does
not
include
contact adhesives,
construction,
724
panel, and
floor covering adhesives,
adhesives
designed
exclusively
for
725
application on
one specific
category
of substrates
(i.e., substrates
that are
726
composed
of similar materials, such
as different
types
of
metals,
paper products,
727
ceramics, plastics,
rubbers,
or
vinyls), or adhesives
designed exclusively
for
use
728
on one specific category
of articles
(i.e.,
articles
that may be composed
of
729
different
materials
but perform
a specific function,
such as gaskets,
automotive
730
trim, weather-stripping,
or carpets).
731
732
“General Purpose
Cleaner” means
a
product designed
for general
all-purpose
733
cleaning, in contrast
to
cleaning
products
designed to clean specific
substrates
in
734
certain
situations.
This includes
products designed
for general
floor cleaning,
735
kitchen or
countertop cleaning,
and
cleaners
designed
to be used on a variety
of
736
hard surfaces,
and
does
not include
“General
Purpose Degreasers”
and “Electronic
737
Cleaners”.
738
JCAR350223-08
1 7301r01
739
“General
Purpose Degreaser”
means
any product labeled to
remove
or dissolve
740
grease, grime, oil and
other oil-based contaminants
from
a variety of substrates,
741
including
automotive or
miscellaneous
metallic parts.
This does not include
742
“Engine Degreaser”,
“General
Purpose
Cleaner”, “Adhesive
Remover”,
743
“Electronic Cleaner”,
“Electrical
Cleaner”, “Energized
Electrical
Cleaner”, “Metal
744
PolishlCleanser”,
products used
exclusively
in
“Solvent Cleaning
Tanks or
745
Related Equipment”,
or products
that are sold
exclusively to establishments
that
746
manufacture
or
construct
goods or commodities,
and labeled
“not for retail sale”.
747
748
“Solvent
Cleaning
Tanks or Related Equipment”
includes,
but is not
749
limited to, cold cleaners,
vapor degreasers,
conveyorized
degreasers,
film
750
cleaning
machines,
or products designed
to
clean miscellaneous
metallic
751
parts by immersion in
a container.
752
753
“General-Use
Hand or Body
Cleaner or Soap”
means a cleaner
or soap designed
754
to be used
routinely on the
skin to clean or remove
typical
or common dirt and
755
soils, including,
but not limited
to, hand
or
body washes, dual-purpose
shampoo-
756
body cleaners,
shower or
bath gels, and moisturizing
cleaners
or soaps. The term
757
does not
include prescription
drug products,
“Antimicrobial Hand
or Body
758
Cleaner
or Soap”, “Astringent/Toner”,
“Facial
Cleaner or Soap”,
“Hand
759
Dishwashing
Detergent”
(including antimicrobial),
“Heavy-duty
Hand Cleaner
or
760
Soap”,
“Medicated Astringent/Medicated
Toner”, or “Rubbing
Alcohol”.
761
762
“Glass Cleaner”
means a cleaning product
designed
primarily for cleaning
763
surfaces made of glass.
The term
does not include
products designed
solely
for
764
the purpose of
cleaning optical
materials used in eyeglasses,
photographic
765
equipment,
scientific
equipment
and photocopying
machines.
766
767
“Graffiti Remover”
means
a product
labeled
to
remove
spray paint,
ink, marker,
768
crayon, lipstick,
nail polish, or shoe
polish from a
variety
of non-cloth
or
769
nonfabric substrates.
The term
does
not include “Paint
Remover or
Stripper”,
770
“Nail Polish
Remover”,
or “Spot Remover”.
Products
labeled for dual use
as
both
771
a
paint stripper and
graffiti remover
are considered “Graffiti
Removers”.
772
773
“Hair Mousse” means
a hairstyling
foam designed to facilitate
styling
of a
774
coiffure and
provide
limited holding
power.
775
776
“Hair Shine” means
any product
designed for the primary
purpose
of creating
a
777
shine when
applied to the hair. This
includes,
but is not limited to,
dual-use
778
products designed
primarily
to impart
a
sheen
to the hair. The
term does not
779
include “Hair
Spray”, “Hair
Mousse”, “Hair Styling
Product”,
“Hair Styling
Gel”,
780
or products
whose primary purpose
is to condition
or hold
the hair.
781
JCAR350223-081
7301r01
782
“Hair
Spray”
means:
783
784
For
products manufactured
before January
1, 2009,
a consumer
product
785
designed primarily
for the purpose
of dispensing
droplets of a resin
on and
786
into
a
hair coiffure
that will impart
sufficient
rigidity to the coiffure
to
787
establish
or
retain the
style
for a period of time.
788
789
For products
manufactured
on or after
January 1, 2009, a consumer
790
product
that is applied
to styled hair and is
designed
or labeled
to provide
791
sufficient rigidity
to hold,
retain
and/or
finish the style of
the
hair
for a
792
period
of
time. This
includes aerosol hair
sprays, pump
hair sprays,
spray
793
waxes; color,
glitter, or sparkle
hairsprays
that make finishing
claims;
and
794
products
that are
both
a styling and finishing
product. This
does not
795
include spray
products that
are intended
to aid in styling but
do not
796
provide
finishing of a
hairstyle. For the purposes
of this
Subpart, “finish”
797
or “finishing”
means the maintaining
and/or
holding of previously
styled
798
hair for
a period of time.
For the purposes
of this Subpart,
“styling”
means
799
fonning, sculpting,
or manipulating
the
hair to temporarily alter
the
hair’s
800
shape.
801
802
“Hair Styling Gel”
means a consumer
product
manufactured before
January
1,
803
2009 that is
a high viscosity,
often gelatinous,
product that
contains a resin
and is
804
designed
for application to
hair to aid in styling
and
sculpting
of the hair coiffure.
805
806
“Hair Styling
Product”
means a consumer
product manufactured
on or
after
807
January
1, 2009 that is designed
or labeled
for application
to wet, damp
or dry
808
hair to
aid in
defining,
shaping, lifting,
styling and/or sculpting
of the
hair. This
809
includes,
but is not limited
to, hair balm,
clay, cream,
creme, curl straightener,
810
gel, liquid,
lotion,
paste,
pomade, putty,
root lifter, serum,
spray
gel,
stick,
811
temporary
hair straightener,
wax, spray
products that
aid in styling but do
not
812
provide
finishing of
a hairstyle, and leave-in
volumizers,
detanglers
and/or
813
conditioners
that make styling
claims.
This does not include
“Hair Mousse”
“Hair
814
Shine”,
“Hair Spray”,
or shampoos and/or
conditioners
that are rinsed from
the
815
hair prior to
styling.
For
the purposes
of this Subpart, “finish”
or “finishing”
816
means
the maintaining and/or
holding of previously
styled
hair for a period
of
817
time. For the
purposes of
this Subpart,
“styling” means forming,
sculpting,
or
818
manipulating
the hair
to temporarily alter
the
hair’s shape.
819
820
“Heavy-Duty
Hand
Cleaner or
Soap”
means a product
designed to clean
or
821
remove
difficult
dirt and soils such as
oil, grease, grime,
tar, shellac,
putty,
822
printer’s
ink, paint, graphite,
cement,
carbon,
asphalt,
or adhesives from
the hand
823
with
or without
the use of water.
The term does
not include prescription
drug
824
products, “Antimicrobial
Hand or
Body
Cleaner
or Soap”,
“Astringent/Toner”,
JCAR350223-08
1 7301r01
825
“Facial Cleaner
or Soap”, “General-use
Hand or
Body Cleaner
or Soap”,
826
“Medicated
Astringent/Medicated
Toner”
or
“Rubbing
Alcohol”.
827
828
“Herbicide”
means
a pesticide
product
designed
to kill or
retard a plant’s
growth,
829
but
excludes
products
that are
for agricultural
use, or
restricted
materials
that
830
require
a permit
for use
and
possession.
831
832
“High
Volatility
Organic
Material”
or “HVOM”
or “High
Volatility
Organic
833
Compound”
means
any volatile
organic
material or
volatile
organic
compound
834
that
exerts
a vapor pressure
greater
than 80
millimeters
of
Mercury
(mm Hg)
835
when
measured
at
20°C.
836
837
“Household
Product”
means
any
consumer
product
that is
primarily
designed
to
838
be used
inside
or outside
of living
quarters
or residences
that are
occupied or
839
intended
for
occupation
by
individuals,
including
the
immediate
surroundings.
840
841
“Illinois
Sales”
means
the
sales
(net
pounds
of product,
less packaging
and
842
container,
per
year) in
Illinois for
either the
calendar
year immediately
prior
to the
843
year
that the
registration
is due
or,
if that
data is not
available,
any
consecutive
12
844
month period
commencing
no
earlier
than
two
years
prior
to the
due date
of the
845
registration.
If direct
sales data
for Illinois
is not available,
sales
may be
846
estimated
by
prorating
national
or
regional
sales
data
by
population.
847
848
“Industrial
Use”
means use
for
or in a
manufacturing,
mining,
or chemical
process
849
or
use
in the operation
of
factories,
processing
plants, and
similar sites.
850
851
“Insecticide”
means
a pesticide
product
that
is designed
for
use against
insects
or
852
other
arthropods,
but excluding
products
that
are for
agricultural
use
or for a
use
853
that
requires a
structural
pest
control
license under
the
Structural
Pest
Control
Act
854
[225
ILCS
235],
or restricted
materials
that require
a
permit
for use and
855
possession.
856
857
“Insecticide
Fogger”
means
any
insecticide
product
designed
to release
all or
most
858
of
its
content, as
a fog or mist,
into indoor
areas during
a
single
application.
859
860
“Institutional
Product”
or “Industrial
and
Institutional
(I&I)
Product” means
a
861
consumer
product
that is
designed for
use in the
maintenance
or operation
of
an
862
establishment
that
manufactures,
transports,
or sells goods
or
commodities,
or
863
provides
services
for profit,
or is
engaged
in
the
nonprofit
promotion
of a
864
particular
public,
educational,
or charitable
cause.
“Establishments”
include,
but
865
are not
limited
to,
government
agencies,
factories,
schools,
hospitals,
sanitariums,
866
prisons,
restaurants,
hotels,
stores,
automobile
service
and parts
centers,
health
867
clubs,
theaters,
or transportation
companies.
This
does not
include
household
JCAR350223-08
17301r01
868
products
and products that
are
incorporated
into or used exclusively
in the
869
manufacture
or
construction
of the goods
or commodities
at the site of
the
870
establishment.
871
872
LabelH
means
any written,
printed, or graphic matter
affixed to,
applied to,
873
attached to, blown
into, formed
into,
molded
into, embossed on,
or appearing
874
upon any consumer
product
or consumer
product package, for
purposes
of
875
branding,
identifying,
or
giving information with
respect
to
the
product or to
the
876
contents of
the package.
877
878
“Lacquer”
means, for purposes
of this Subpart,
a clear or opaque
wood coating,
879
including clear
lacquer
sanding sealers, formulated
with cellulosic
or synthetic
880
resins to dry
by evaporation
without
chemical
reaction and to provide
a solid,
881
protective
film.
882
883
“Laundry Prewash”
means
a product that is designed
for
application
to a fabric
884
prior to laundering
and that
supplements
and contributes to the
effectiveness
of
885
laundry detergents
andlor
provides specialized
performance.
886
887
“Laundry Starch
Product”
means a product
that is designed
for application
to a
888
fabric,
either during or
after laundering, to
impart
and
prolong a crisp, fresh
look
889
and
may also act to help
ease
ironing
of the fabric. This includes,
but is
not
890
limited
to, fabric finish,
sizing, and
starch.
891
892
“Lawn and Garden
Insecticide”
means
an insecticide
product labeled
primarily
to
893
be used in household
lawn and garden
areas to protect
plants
from
insects or
other
894
arthropods.
Notwithstanding the
requirements
of Section 223 .260,
aerosol
“Lawn
895
and Garden Insecticides”
may
claim to kill insects
or other
arthropods.
896
897
“Liquid” means
a substance or mixture
of substances
that is capable
of a visually
898
detectable flow as
determined under
ASTM D-4359-90,
incorporated
by
reference
899
in
Section 223.120,
or an equivalent
method
approved
by the California
Air
900
Resources Board. This
does
not
include powders or other
materials
that are
901
composed
entirely
of solid particles.
902
903
“Lubricant”
means
a product designed
to
reduce friction,
heat, noise,
or wear
904
between moving parts,
or
to loosen
rusted or immovable
parts or mechanisms.
905
This
does
not include
automotive
power steering fluids;
products
for use inside
906
power generating
motors, engines,
and turbines,
and their associated
power
907
transfer gearboxes;
two
cycle
oils or other
products designed to
be added
to
fuels;
908
products for
use on the human
body or animals;
or products
that are sold
909
exclusively
to establishments
that
manufacture
or construct
goods or
910
commodities,
and labeled
“not for retail
sale”.
JCAR350223-08
1
7301r01
911
912
“LVP Content”
means
the total
weight,
in
pounds, of
LVP
compounds
in an
ACP
913
product
multiplied
by 100 and
divided
by
the product’s
total net weight
(in
914
pounds, excluding
container
and
packaging),
expressed
to
the nearest
0.1.
915
916
“LVP-VOM”
or
“LVP-VOC”
means a
chemical
material
or
mixture or
compound
917
that
contains
at
least one
carbon
atom
and meets
one of the
following:
918
919
Has a
vapor pressure
less
than
0.1 mm
Hg at
20°C,
as detennined
by
920
CARB
Method
310; or
921
922
Is
a
chemical material
or
compound
with
more than
12 carbon atoms,
or
a
923
chemical
mixture
comprised
solely of material
or
a compound
with more
924
than 12
carbon
atoms as
verified
by formulation
data,
and the vapor
925
pressure
and boiling
point are
unknown;
or
926
927
Is a chemical
material
or compound
with
a boiling
point greater
than
928
216°C, as
determined
by
CARB
Method
310; or
929
930
Is the
weight percent
of a
chemical mixture
that
boils
above 216°C,
as
931
determined
by
CARB
Method
310.
932
933
For
the purposes
of this
definition,
chemical material
or compound
means
934
a molecule
of definite
chemical formula
and
isomeric structure,
and
935
chemical
mixture means
a
substrate
comprised
of
two or
more chemical
936
materials or
compounds.
937
938
“Medicated
Astringent/Medicated
Toner”
means
any
product regulated
as
a
drug
939
by
the
FDA that
is applied
to the skin
for the purpose
of
cleaning
or tightening
940
pores.
This
includes,
but
is not
limited to,
clarifiers
and
substrate-impregnated
941
products.
The term
does not
include
hand,
face,
or body
cleaner
or soap
products,
942
“Astringent/Toner”,
cold cream,
lotion, antiperspirants,
or products
that must
be
943
purchased
with a doctor’s
prescription.
944
945
“Medium
Volatility Organic
Material”
or “MVOM”
or
“Medium
Volatility
946
Organic
Compound”
or “MVOC”
means
any volatile
organic
material
or
volatile
947
organic
compound
that exerts
a
vapor
pressure greater
than
two
mm Hg and
less
948
than
or
equal
to
80
mm Hg when
measured
at 20°C.
949
950
“Metal
PolishlCleanser”
means
any
product designed
primarily
to improve
the
951
appearance
of
finished
metal or
metallic
or metallized
surfaces
by
physical
or
952
chemical
action.
To “improve
the appearance”
means
to
remove
or reduce
stains,
953
impurities,
or
oxidation
from surfaces
or to make
surfaces
smooth
and shiny.
JCAR350223-08
17301r01
954
This
includes, but
is not limited
to, metal
polishes
used on brass,
silver,
chrome,
955
copper,
stainless
steel and
other
ornamental
metals.
The
term
does not
include
956
“Automotive
Wax,
Polish,
Sealant or
Glaze”,
wheel
cleaner,
“Paint Remover
or
957
Stripper”,
products
designed
and labeled
exclusively
for
automotive
and marine
958
detailing,
or
products designed
for
use in degreasing
tanks.
959
960
“Mist
Spray
Adhesive”
means
any aerosol
that is not
a
special purpose
spray
961
adhesive
and that delivers
a
particle
or mist
spray,
resulting
in the
formation
of
962
fine,
discrete
particles
that yield
a generally
uniform
and smooth
application
of
963
adhesive
to the substrate.
964
965
“Multi-Purpose
Dry
Lubricant”
means
any lubricant
designed and
labeled
to
966
provide
lubricity by
depositing
a thin film
of graphite,
molybdenum
disulfide
967
(moly),
or
polytetrafluoroethylene
or closely
related
fluoropolymer
(Teflon)
on
968
surfaces,
and designed
for
general
purpose
lubrication
or
for
use
in a wide
variety
969
of
applications.
970
971
“Multi-Purpose
Lubricant”
means
any lubricant
designed
for general
purpose
972
lubrication,
or for
use in a wide
variety of
applications.
The term
does not
include
973
“Multi-purpose
Dry Lubricants”,
“Penetrants”,
or
“Silicone-based
Multi-purpose
974
Lubricants”.
975
976
“Multi-Purpose
Solvent”
means any
organic liquid
designed
to be used
for a
977
variety
of purposes,
including
cleaning
or degreasing
of
a
variety
of
substrates,
or
978
thinning,
dispersing
or dissolving
other
organic
materials.
This includes
solvents
979
used in
institutional
facilities,
except
for laboratory
reagents
used
in analytical,
980
educational,
research,
scientific
or
other laboratories.
This does
not include
981
solvents
used
in cold cleaners,
vapor
degreasers,
conveyorized
degreasers
or
film
982
cleaning machines,
or
solvents
that
are
incorporated
into,
or
used
exclusively
in
983
the
manufacture
or construction
of
the goods
or commodities
at the
site of the
984
establishment.
985
986
“Nail
Polish”
means any
clear
or
colored
coating
designed
for application
to
the
987
fingernails
or
toenails,
including
but
not limited
to lacquers,
enamels,
acrylics,
988
base
coats and
top coats.
989
990
“Nail
Polish Remover”
means a
product
designed
to
remove
nail polish
and
991
coatings
from
fingernails
or toenails.
992
993
“Non-Aerosol
Product”
means
any consumer
product
that
is not
dispensed
by
a
994
pressurized
spray system.
995
JCAR350223-08 17301r01
996
“Non-Carbon Containing Compound” means any compound that does not contain
997
any
carbon atoms.
998
999
“Nonresilient Flooring” means flooring of a mineral content that is not flexible.
1000
This
includes terrazzo,
marble, slate, granite, brick, stone, ceramic tile and
1001
concrete.
1002
1003
“Non-Selective Terrestrial Herbicide” means a terrestrial herbicide product
that is
1004
toxic to
plants without
regard to species.
1005
1006
“Oven Cleaner” means any cleaning product designed to clean and to remove
1007
dried food deposits from oven
walls.
1008
1009
“Paint” means any pigmented liquid
or
liquefiable
or mastic
composition
designed
1010
for
application to a
substrate in a thin layer that is converted to an opaque solid
1011
film after application and is used for protection, decoration or identification,
or to
1012
serve
some functional
purpose such as the filling or concealing of surface
1013
irregularities or the modification of
light and
heat radiation characteristics.
1014
1015
“Paint Remover or Stripper”
means any product designed to strip or remove paints
1016
or other related coatings,
by
chemical action,
from a substrate without markedly
1017
affecting the substrate. This does not include “Multi-purpose Solvents”,
paint
1018
brush cleaners, products designed and labeled exclusively as “Graffiti Removers”,
1019
and hand
cleaner
products that claim to remove paints and other related coatings
1020
from
skin.
1021
1022
“Penetrant” means
a lubricant designed and labeled primarily to loosen metal
1023
parts that have bonded together due to rusting, oxidation, or other causes.
The
1024
term
does not include “Multi-purpose
Lubricants” that claim to have penetrating
1025
qualities, but are not labeled primarily to loosen bonded parts.
1026
1027
“Personal Fragrance Product” means any product that is applied to the human
1028
body
or clothing for the primary purpose of adding a
scent
or masking
a malodor,
1029
including
cologne, perfume,
aftershave, and toilet water. This does not include
1030
“Deodorant”, medicated products designed primarily to alleviate fungal or
1031
bacterial
growth
on feet
or
other areas of the body; mouthwashes and breath
1032
fresheners and deodorizers; lotions, moisturizers,
powders or other skin care
1033
products used primarily to alleviate skin conditions such as dryness and
1034
irritations; products
designed
exclusively for use on human genitalia; soaps,
1035
shampoos, and products
primarily used to clean the human body; and fragrance
1036
products designed to be used exclusively on non-human
animals.
1037
JCAR350223-08 1 7301r01
1038
“Pesticide” means and includes
any substance or mixture of substances labeled,
1039
designed, or
intended
for use in preventing,
destroying, repelling or mitigating
1040
any pest, or any substance
or mixture of substances labeled,
designed, or intended
1041
for use as a defoliant, desiccant,
or plant regulator, provided that the term
1042
“Pesticide” will not include any
substance, mixture of substances, or device
the
1043
United States
Environmental
Protection
Agency does not consider to be a
1044
pesticide.
1045
1046
“Photograph Coating” means
a coating designed and labeled exclusively to
be
1047
applied to finished photographs
to allow corrective
retouching, protection of
the
1048
image or changes in gloss level,
or to cover fingerprints.
1049
1050
“Pressurized Gas Duster” means
a pressurized product labeled to remove dust
1051
from a surface solely
by means of mass air or gas flow, including
surfaces such
as
1052
photographs, photographic film
negatives, computer keyboards, and other
types
of
1053
surfaces that cannot be cleaned
with solvents. This
does
not include
“Dusting
1054
Aid”.
1055
1056
“Principal Display Panel or Panels”
means that part, or those parts, of a
label that
1057
are so designed as to most likely be displayed,
presented, shown or examined
1058
under normal and
customary conditions of display
or purchase. Whenever a
1059
principal display panel
appears more than once, all requirements
pertaining to
the
1060
“Principal Display Panel”
shall pertain to all such “Principal Display
Panels”.
1061
1062
“Product
Brand
Name” means the name of the
product exactly as it appears
on the
1063
principal display panel
of the product.
1064
1065
“Product Category” means
the applicable category, defined in
this Section and
1066
limited in Section 223 .205(a), that best
describes the product.
1067
1068
“Product Form”
for the purpose of complying with
Section 223 .270 only, means
1069
the applicable form that most accurately
describes the product’s dispensing
form,
1070
as
follows:
1071
A
=
Aerosol
Product
S
=
Solid
P
=
Pump Spray
L
=
Liquid
SS
=
Semisolid
0
=
Other
1072
1073
“Product Line” means a
group of products of identical form and
function
1074
belonging to the same product category
or categories.
JCAR350223-08 1 7301r01
1075
1076
“Pump Spray” means
a packaging system in which the product
ingredients within
1077
the container are not under pressure
and in which the product is expelled only
1078
while a pumping action is applied
to
a button,
trigger or other actuator.
1079
1080
“Responsible ACP
Party” means the company,
firm or
establishment
listed on the
1081
ACP product’s label. If
the label lists two or more companies, firms, or
1082
establishments, the “Responsible ACP
Party” is the party the ACP product was
1083
“manufactured for”
or “distributed by”, as noted
on the label.
1084
1085
“Restricted
Materials” means pesticides established
as restricted materials under
1086
applicable Illinois statutes
or regulations.
1087
1088
“Roll-On Product” means any antiperspirant
or deodorant that dispenses active
1089
ingredients
by
rolling
a wetted ball or wetted cylinder on the
affected area.
1090
1091
“Rubber and Vinyl
Protectant” means any product designed
to protect, preserve
or
1092
renew vinyl, rubber, and plastic on vehicles,
tires, luggage, furniture, and
1093
household products
such as vinyl covers, clothing,
and accessories. This does
not
1094
include products primarily
designed to clean the wheel rim, such as aluminum
or
1095
magnesium wheel cleaners, and tire
cleaners that do not leave an appearance
1096
enhancing or protective substance on the tire.
1097
1098
“Rubbing Alcohol”
means any product containing isopropyl
alcohol
(also
called
1099
isopropanol) or denatured ethanol
and labeled for topical use, usually to decrease
1100
germs in minor cuts and scrapes, to relieve minor
muscle aches, as a rubefacient,
1101
and
for massage.
1102
1103
“Rust Preventive Coating”
means a coating formulated exclusively for
1104
nonindustrial use to prevent the corrosion of metal
surfaces and labeled as
1105
specified in Section 223.320(f).
1106
1107
“Sanding Sealer” means, for purposes of this
Subpart, a clear or semi-transparent
1108
wood coating labeled and
formulated for application to bare wood
to
seal
the
1109
wood and to provide a coat that can be abraded
to create a smooth surface for
1110
subsequent applications
of coatings. A “Sanding Sealer” that also
meets the
1111
definition of a “Lacquer” is not included
in this category, but it is included in
the
1112
“Lacquer” category.
1113
1114
“Sealant and Caulking
Compound” means any product with adhesive properties
1115
that is designed to fill, seal, waterproof,
or weatherproof gaps or joints between
1116
two
surfaces.
This does not include roof cements
and roof sealants, insulating
1117
foams, removable caulking
compounds, clear/paintable/water resistant
caulking
JCAR350223-0817301r01
1118
compounds,
floor seam
sealers, products
designed
exclusively
for
automotive
1119
uses,
or sealers
that are applied
as
continuous
coatings.
The
term also
does
not
1120
include
units
of product,
less packaging,
that
weigh
more
than one
pound
and
1121
consist of
more than
16 fluid ounces.
1122
1123
For
the purposes
of
this
definition
only,
“removable
caulking
compound”
1124
means a compound
that
temporarily
seals
windows
or
doors
for three to
1125
six month
time intervals.
“Clear/paintable/water
resistant
caulking
1126
compound”
means
a compound
that contains
no
appreciable
level of
1127
opaque fillers
or pigments;
transmits
most or all
visible
light through
the
1128
caulk
when
cured;
is paintable;
and is immediately
resistant to
1129
precipitation
upon application.
1130
1131
“Semisolid”
means
a product
that, at room
temperature,
will
not pour, but
will
1132
spread
or deform easily,
including but
not limited
to gels,
pastes,
and
greases.
1133
1134
“Shaving
Cream”
means
an
aerosol
product that
dispenses
a foam
lather
intended
1135
to
be
used with
a blade or cartridge
razor,
or other
wet-shaving
system,
in the
1136
removal
of facial
or other
body hair.
The term
does not include
“Shaving
Gel”.
1137
1138
“Shaving
Gel”
means an
aerosol product
that dispenses
a
post-foaming
semisolid
1139
designed
to
be used with
a blade,
cartridge razor,
or other
shaving
system in
the
1140
removal of
facial or
other body
hair. This
does not include
“Shaving
Cream”.
1141
1142
“Silicone-Based
Multi-Purpose
Lubricant”
means
any
lubricant
designed
and
1143
labeled
to provide
lubricity primarily
through
the use
of silicone
compounds
1144
including,
but not limited
to,
polydimethylsiloxane,
and
designed
and
labeled
for
1145
general
purpose lubrication,
or
for use in
a wide variety
of
applications.
The
term
1146
does
not include
products
designed
and labeled
exclusively
to release
1147
manufactured
products
from
molds.
1148
1149
“Single
Phase
Aerosol
Air
Freshener”
means
an aerosol
air
freshener
with
the
1150
liquid
contents
in a single
homogeneous
phase
and
that
does not
require that
the
1151
product
container
be
shaken
before
use.
1152
1153
“Solid”
means
a substance
or
mixture
of
substances
that,
either
whole or
1154
subdivided
(such as the
particles
comprising
a
powder),
is
not capable
of visually
1155
detectable
flow as
determined
under ASTM
D4359-90,
incorporated
by
reference
1156
in Section
223.120,
or an
equivalent
method
approved
by
the
California
Air
1157
Resources
Board.
1158
1159
“Special
Purpose
Spray Adhesive”
means
an aerosol
adhesive
that meets
any
of
1160
the
following
definitions:
JCAR350223-08 17301r01
1161
1162
“Mounting Adhesive” means
an aerosol adhesive designed to permanently
1163
mount
photographs, artwork, and any other
drawn or printed media to a
1164
backing (paper,
board, cloth, etc.) without causing discoloration
to the
1165
artwork.
1166
1167
“Flexible Vinyl Adhesive” means
an aerosol adhesive designed to bond
1168
flexible vinyl
to substrates. Flexible vinyl
means a nonrigid polyvinyl
1169
chloride plastic with at
least five percent,
by
weight,
of
plasticizer
content.
1170
A plasticizer is a material, such
as a high boiling point organic solvent,
1171
that is incorporated
into a plastic to increase its flexibility, workability,
or
1172
distensibility,
and may be determined
using ASTM E260-96, incorporated
1173
by reference in Section
223.120, or from product formulation data
or an
1174
equivalent
method approved
by
the
CARB.
1175
1176
“Polystyrene
Foam Adhesive” means an
aerosol adhesive designed to
1177
bond polystyrene foam
to substrates.
1178
1179
“Automobile Headliner
Adhesive” means an aerosol adhesive designed
to
1180
bond together layers in motor
vehicle headliners.
1181
1182
“Polyolefin
Adhesive” means an aerosol adhesive
designed to bond
1183
polyolefins to
substrates.
1184
1185
“Laminate Repair/Edgebanding
Adhesive” means an aerosol adhesive
1186
designed
for:
1187
1188
The touch-up or repair of items laminated
with high pressure
1189
laminates (e.g., lifted
edges, delaminates, etc.); or
1190
1191
The touch-up, repair, or attachment
of edgebanding materials,
1192
including
but not limited to other laminates, synthetic
marble,
1193
veneers, wood molding, and decorative
metals.
1194
1195
For the purposes of this definition “high
pressure laminate” means
1196
sheet materials
that consist of paper, fabric, or other core
material
1197
that have been laminated at
temperatures exceeding 265°F, and
at
1198
pressures between 1,000 and 1,400 psi.
1199
1200
“Automotive Engine Compartment
Adhesive” means an aerosol adhesive
1201
designed for use in motor vehicle under-the-hood
applications that require
1202
oil and
plasticizer resistance, as well as high
shear strength, at
1203
temperatures
of
200
to
275°F.
JCAR350223-08
17301r01
1204
1205
“Spot Remover”
means any product labeled
to clean localized areas, or remove
1206
localized spots or stains
on cloth or fabric such
as drapes, carpets, upholstery,
and
1207
clothing, that does not require
subsequent laundering
to
achieve stain
removal.
1208
This does not include “Dry Cleaning
Fluid”, “Laundry Prewash”, or “Multi-
1209
purpose Solvent”.
1210
1211
“Spray Buff Product” means
a product designed to restore a worn
floor finish in
1212
conjunction
with a floor buffing machine
and special pad.
1213
1214
“Stick Product” means any antiperspirant
or deodorant that contains active
1215
ingredients in a solid matrix
form and that dispenses
the active ingredients by
1216
frictional action on the affected area.
1217
1218
“Structural Waterproof
Adhesive” means
an adhesive whose bond lines are
1219
resistant to conditions of continuous
immersion in fresh or salt
water and that
1220
conforms with
Federal Specification MMM-A-181D
(Type 1, Grade A) and
MIL
1221
A-4605 (Type A, Grade A and
Grade
C),
per the Federal
Consumer Products
1222
Regulation (40 CFR 59, subpart
C).
1223
1224
“Terrestrial” means to live
on or grow from land.
1225
1226
“Tire Sealant and Inflation” means
any pressurized product that is
designed to
1227
temporarily
inflate and seal a leaking tire.
1228
1229
“Toilet/Urinal Care Product” means
any product designed or labeled
to clean
1230
andlor to deodorize
toilet bowls, toilet tanks,
or urinals. Toilet bowls, toilet
tanks,
1231
or urinals include, but are not limited
to, toilets or urinals connected
to permanent
1232
plumbing in buildings
and other structures,
portable toilets or urinals placed
at
1233
temporary or remote locations, and
toilets or urinals in vehicles
such as buses,
1234
recreational motor homes,
boats, ships, and aircraft. This
does not include
1235
“Bathroom
and Tile Cleaner” or “General
Purpose Cleaner”.
1236
1237
“Type A Propellant”
means a compressed gas,
such as C02,,2
N
N
2
0,
or
1238
compressed air, that is used as a
propellant and is either incorporated
with the
1239
product
or
contained
in a separate chamber within
the product’s packaging.
1240
1241
“Type B Propellant” means any halocarbon
that is used as a propellent,
including
1242
chlorofluorocarbons
(CFCs), hydrochlorofluorocarbons
(HCFCs), and
1243
hydrofluorocarbons
(HFCs).
1244
JCAR350223-08 1730 lrOl
1245
“Type
C
Propellant” means any propellent
that is not a Type A or Type B
1246
propellant, including propane, isobutane,
n-butane, and dimethyl ether (also
1247
known as dimethyl oxide).
1248
1249
“Undercoating” means any aerosol
product designed to impart a protective,
non-
1250
paint layer to the undercarriage, trunk interior,
and/or firewall of motor vehicles
to
1251
prevent the
formation
of rust or to deaden sound. This
includes, but is not limited
1252
to, rubberized, mastic,
or
asphaltic
products.
1253
1254
“Usage
Directions”
means the text or graphics on the
product’s principal display
1255
panel, label, or accompanying literature
that describes to the end user how and
in
1256
what
quantity the product
is to be used.
1257
1258
“VOM
Content” means,
for purposes of this Subpart, except
for charcoal lighter
1259
products, the total weight of VOM in a
product expressed as a percentage of
the
1260
product weight (exclusive
of the container or packaging), as determined
pursuant
1261
to Section
223.285(a)
and (b).
1262
1263
For charcoal lighter material
products only,
1264
1265
VOC Content
= (Certfied
Emissions x 100)
Certfied
Use Rate
1266
Certified
Emissions
The emissions
level for products approved
by
the
Agency
under Section 223 .220,
as determined pursuant to South
Coast Air Quality Management District
Rule
1174,
Ignition
Method Compliance Certification
Protocol (February 27,
1991),
expressed to the nearest 0.001
pound
CH
2per
start.
Certified
Use Rate = The
usage level for products approved
by the Agency under
Section 223.220, as determined
pursuant to South Coast
Air
Quality
Management District Rule 1174, Ignition
Method
Compliance Certification
Protocol (February 27, 1991),
expressed
to the nearest 0.001 pound
certified product used
per start.
1267
1268
For
purposes of Subpart
C
of this Part, “VOM
Content” means the weight
1269
of VOM per volume
of coating, calculated according
to the
procedures
1270
specified in Section 223.340(a).
1271
JCAR350223-08
1 7301r01
1272
“Wasp and Hornet Insecticide”
means any
insecticide product that is designed
for
1273
use against wasps, hornets, yellow
jackets or bees
by
allowing the user
to spray
1274
from a
distance
a directed stream or
burst at the intended insects, or their hiding
1275
place.
1276
1277
“Waterproofer” means a product
designed and labeled exclusively
to repel water
1278
from fabric or leather substrates, excluding
“Fabric Protectants”.
1279
1280
“Wax” means a material or synthetic
thermoplastic
substance generally of high
1281
molecular weight hydrocarbons or high
molecular weight esters of fatty acids
or
1282
alcohols, except glycerol
and high polymers (plastics).
This includes, but is not
1283
limited to, substances derived from
the secretions of plants and animals such
as
1284
carnuba wax and beeswax,
substances of a mineral origin
such as ozocerite and
1285
paraffin, and
synthetic polymers such as
polyethylene.
1286
1287
“Web
Spray
Adhesive” means any aerosol
adhesive that is not a mist spray
or
1288
special purpose spray adhesive.
1289
1290
“Wood Cleaner” means
a product labeled to clean wooden
materials, including
1291
but not limited to decking, fences,
flooring, logs, cabinetry, and furniture.
The
1292
term does not include “Dusting Aid”,
“General Purpose Cleaner”, “Furniture
1293
Maintenance
Product”, “Floor Wax Stripper”,
“Floor Polish or Wax”, or products
1294
designed and labeled exclusively
to preserve or color
wood.
1295
1296
“Wood Floor Wax” means wax-based
products for use solely on wood
floors.
1297
1298
Section 223.205 Standards
1299
1300
a)
Except as provided in Section 223.207,
223.230, 223.240, or 223.245,
no person
1301
shall sell, supply, offer
for sale, or manufacture
for
sale
in Illinois any consumer
1302
product manufactured on or after January
1, 2009 that contains VOMs in
excess
1303
of the limits specified in this
subsection:
1304
1305
Affected Product
%
VOM
by Weight
1306
1307
1)
Adhesives — Spray
1308
A)
Mist
Spray
65
B)
Web Spray
55
1309
1310
C)
Special
Purpose Spray Adhesives
1311
JCAR350223-08
1 7301r01
i)
Mounting,
Automotive
Engine
70
Compartment,
and
Flexible Vinyl
ii)
Polystyrene
Foam and
Automotive
65
Headliner
iii)
Polyolefin
and
Laminate
60
Repair/Edgebanding
1312
2)
Adhesives
Construction,
Panel, and
Floor
Contact
15
3)
Adhesives
— General
Purpose
10
4)
Adhesives
— Structural
Waterproof
15
1313
1314
5)
Air
Fresheners
1315
A)
Single
Phase Aerosol
30
B)
Double
Phase
Aerosol
25
C)
Liquids/Pump
Sprays
18
D)
Solids/Gel
3
1316
1317
6)
Antiperspirants
1318
A)
Aerosol
40
HVOM
1OHVOM
B)
Non-Aerosol
0 MVOM
0 MVOM
1319
7)
Automotive
Brake
Cleaners
45
8)
Automotive
Rubbing
or Polishing
Compound
17
1320
1321
9)
Automotive
Wax,
Polish,
Sealant,
or Glaze
1322
A)
Hard
Paste Waxes
45
JCAR350223-08 17301r01
B)
Instant
Detailers
3
C’)
All Other Forms
15
1323
10)
Automotive
Windshield Washer
Fluids
35
1324
1325
11)
Bathroom and
Tile Cleaners
1326
A)
Aerosol
7
B’)
All Other Forms
5
1327
12)
Bug and Tar
Remover
40
13’)
Carburetor or Fuel-Injection
Air Intake Cleaners
45
1328
1329
14)
Carpet and Upholstery
Cleaners
1330
A)
Aerosol
7
B)
Non-Aerosol (Dilutables)
0.1
C)
Non-Aerosol (Ready-to-Use)
3.0
1331
15)
Charcoal Lighter Material
see Section 223 .220
16)
Cooking Spray
— Aerosol
18
1332
1333
17)
Deodorants
1334
A)
Aerosol
0
HVOM
1OHVOM
B)
Non-Aerosol
0 MVOM
0 MVOM
1335
1336
18)
Dusting Aids
1337
A),
Aerosol
25
B)
All OtherForms
7
1338
1339
19)
Engine Degreasers
JCAR350223-08
17301r01
1340
A)
Aerosol
35
B)
Non-Aerosol
5
1341
20)
Fabric Protectants
60
1342
1343
21)
Floor
Polishes/Waxes
1344
A)
Products for Flexible
Flooring Materials
7
B)
Products for
Nonresilient
Flooring
10
C)
Wood
Floor Wax
90
1345
22)
Floor Wax Strippers
see Section 223 .209
1346
1347
23)
Furniture
Maintenance Products
1348
A)
Aerosol
17
B)
All
Other Forms Except Solid
or
Paste
7
1349
1350
24)
General
Purpose Cleaners
1351
A)
Aerosol
10
B)
Non-Aerosol
4
1352
1353
25)
General
Purpose Degreasers
1354
A)
Aerosol
50
B)
Non-Aerosol
4
1355
1356
26)
Glass Cleaners
1357
A)
Aerosol
12
B)
Non-Aerosol
4
1358
JCAR350223-08
1 7301r01
27)
HairMousses
6
28)
Hairshines
55
29)
Hairsprays
55
30)
Hair Styling
Gels
6
31)
Heavy
Duty Hand Cleaner or
Soap
8
1359
1360
32)
Insecticides
1361
A)
Crawling Bug
(Aerosol)
15
B)
Crawling Bug (All
Other Forms)
20
C)
Flea andTick
25
D)
Flying Bug (Aerosol)
25
E)
Flying Bug (All Other
Forms)
35
F)
Foggers
45
G)
Lawn
and Garden (Aerosol)
20
H)
Lawn and
Garden (All Other
Forms)
3
I)
Wasp and Hornet
40
1362
1363
33)
Laundry Prewash
1364
A)
Aerosols/Solids
22
B)
All Other
Forms
5
1365
34)
Laundry Starch Products
5
35)
Metal
Polishes/Cleansers
30
JCAR350223-08
1730 irOl
36)
Multi-Purpose
Lubricant
(Excluding
Solid or
Semi-Solid
Products)
50
37)
Nail
Polish
Removers
75
38)
Non-Selective
Terrestrial
Herbicide
— Non-Aerosol
3
1366
1367
39)
Oven Cleaners
1368
A)
Aerosols/Pump
Sprays
8
B)
Liquids
5
1369
40)
Paint
Removers
or
Strippers
50
41)
Penetrants
50
1370
1371
42)
Rubber
and Vinyl
Protectants
1372
A)
Aerosol
10
B)
Non-Aerosol
3
1373
43)
Sealants
and
Caulking
Compounds
4
44)
Shaving
Creams
5
45)
Silicone-Based
Multi-Purpose
Lubricants
(Excluding
Solid
or
Semi-Solid
Products)
60
1374
1375
46)
Spot
Removers
1376
A)
Aerosol
23
B)
Non-Aerosol
8
1377
47)
Tire Sealants
and Inflators
20
48)
Undercoatings
— Aerosols
40
1378
JCAR350223-08 17301r01
1379
b)
No person shall sell, supply, offer for sale,
or manufacture for sale in Illinois,
on
1380
or after January 1, 2009,
any antiperspirant or
deodorant that contains any
1381
compound listed below:
1382
1383
Benzene
1384
1385
Ethylene Dibromide
1386
1387
Ethylene Dichioride
1388
1389
Hexavalent
Chromium
1390
1391
Asbestos
1392
1393
Cadmium (metallic
cadmium and cadmium
compounds)
1394
1395
Carbon Tetrachioride
1396
1397
Trichioroethylene
1398
1399
Chloroform
1400
1401
Vinyl Chloride
1402
1403
Inorganic Arsenic
1404
1405
Nickel (metallic
nickel and inorganic nickel
compounds)
1406
1407
Perchloroethylene
1408
1409
Formaldehyde
1410
1411
1,3-Butadiene
1412
1413
Inorganic Lead
1414
1415
Dibenzo-p-dioxins and dibenzofurans
chlorinated
in
the 2,3,7
and 8 positions
and
1416
containing 4,5,6 or 7 chlorine atoms
1417
1418
Section
223.206 Diluted Products
1419
1420
a)
For
consumer
products for which
the label, packaging, or accompanying
literature
1421
specifically states
that the product should
be diluted with water or non-VOM
JCAR350223-08 1 7301r01
1422
solvent prior to use, the limits specified in
Section 223
.205(a)
must apply to
the
1423
product only after
the minimum recommended dilution has taken place.
1424
1425
b)
For purposes of subsection (a)
of this Section, the minimum recommended
1426
dilution shall not include recommendations
for
incidental
use of a concentrated
1427
product to
deal with
limited special applications such as hard-to-remove
soils
or
1428
stains.
1429
1430
c)
For consumer
products
for which the label, packaging,
or accompanying literature
1431
states that the product should
be diluted with any VOM solvent prior to
use, the
1432
limits specified in Section 223 .205(a) shall
apply
to the
product only after the
1433
maximum recommended
dilution has taken place.
1434
1435
Section 223.207 Products Registered under FIFRA
1436
1437
For
those consumer products that are registered under
the Federal Insecticide, Fungicide, and
1438
Rodenticide Act
(FIFRA,
7 USC
136 through
136y), incorporated
by
reference
in Section
1439
223.120,
the
effective date of the VOM standards
will be January 1, 2010.
1440
1441
Section 223.208
Requirements for Aerosol
Adhesives
1442
1443
a)
As specified in California Code
§
417 12(h)(2),
incorporated by reference in
1444
Section
223.120,
the standards for aerosol adhesives apply
to all uses of aerosol
1445
adhesives,
including
consumer, industrial, and commercial
uses. Except as
1446
otherwise provided in Sections
223.207, 223.230, 223.240, and 223.245, no
1447
person shall sell, supply, offer for sale,
use or manufacture for sale in Illinois
any
1448
aerosol adhesive that, at
the time of sale, use, or manufacture, contains
VOMs in
1449
excess of the specified standard.
1450
1451
b)
Special Purpose Spray Adhesive.
1452
1453
1)
Tn
order to
qualify as a Special Purpose Spray Adhesive
the product must
1454
meet one or more of the
definitions for Special Purpose Spray Adhesive
1455
specified in Section 223.203,
but if the product label indicates that
the
1456
product is suitable for use on
any substrate or application not listed in
one
1457
of the definitions
for Special Purpose Spray Adhesive,
then the product
1458
shall be classified as either
a Web Spray Adhesive or a Mist Spray
1459
Adhesive.
1460
1461
2)
If a product meets
more than one of the definitions specified in Section
1462
223.203 for Special Purpose
Spray Adhesive and is not classified as
a
1463
Web Spray
Adhesive
or Mist Spray
Adhesive under Section 223 .203,
then
JCAR350223-08
1 7301r01
1464
the
VOC limit
for
the product shall be
the
lowest applicable
VOM limit
1465
specified in Section
223.205(a).
1466
1467
c)
Effective
January 1,
2009, no person shall
sell,
supply,
offer for sale, or
1468
manufacture
for use in
Illinois any aerosol
adhesive
that contains any of
the
1469
following compounds:
methylene
chloride, perchloroethylene,
or
1470
trichloro
ethylene.
1471
1472
d)
All aerosol adhesives
must
comply
with the labeling
requirements
specified in
1473
Section 223.265.
1474
1475
Section
223.209 Requirements
for Floor
Wax Strippers
1476
1477
On
or
after January
1, 2009, no
person shall sell,
supply,
offer
for sale, or manufacture
for use in
1478
Illinois any
floor
wax
stripper
unless the following
requirements
are met:
1479
1480
a)
The label of each
non-aerosol
floor wax stripper must
specify a
dilution ratio
for
1481
light or medium
build-up of polish
that
results
in an as-used VOM concentration
1482
of three percent
by weight
or
less;
1483
1484
b)
If a
non-aerosol
floor wax stripper
is also
intended to be used for
removal
of
1485
heavy build-up
of
polish,
the label of that floor
wax stripper
must specify
a
1486
dilution
ratio for heavy
build-up of polish
that results
in
an as-used VOM
1487
concentration
of 12%
by
weight
or less;
and
1488
1489
c)
The
term “light build-up”,
“medium build-up”,
or
“heavy build-up” is not
1490
specifically required,
as long as
comparable
terminology
is used.
1491
1492
Section
223.210 Products
Containing Ozone-Depleting
Compounds
1493
1494
a)
For
any
consumer product
for which standards
are specified
under Section
1495
223
.205(a), no person shall
sell, supply,
offer for sale,
or manufacture for
sale
in
1496
Illinois
any consumer
product that contains
any of the
following ozone-depleting
1497
compounds:
1498
1499
1)
Trichlorofluoromethane
(CFC-1
1);
1500
1501
2)
Dichlorodifluoromethane
(CFC-12);
1502
1503
3)
1,1,1
-trichloro-2,2,2-trifluoroethane
(CFC-
113);
1504
1505
4)
1 -chloro-
1,1
-difluoro-2-chloro-2,2-difluoroethane
(CFC-
114);
1506
JCAR350223-0817301r01
1507
5)
Chioropentafluoroethane (CFC-1 15);
1508
1509
6)
Bromochiorodifluoromethane (Halon 1211);
1510
1511
7)
Bromotrifluoromethane (Halon 1301);
1512
1513
8)
Dibromotetrafluoroethane (Halon 2402);
1514
1515
9)
Chiorodifluoromethane (HCFC-22);
1516
1517
10)
2,2-dichioro- 1,1,1 -trifluoroethane (HCFC-1 23);
1518
1519
11)
2-chioro- 1,1,1
,2-tetrafluoroethane
(HCFC- 124);
1520
1521
12)
1,1
-dichioro-
1 -fluoroethane (HCFC- 141b);
1522
1523
13)
1
-chioro-
1,1 -difluoroethane (HCFC- 1 42b);
1524
1525
14)
1,1,1-trichioroethane; and
1526
1527
15)
Carbon tetrachioride.
1528
1529
b)
The requirements in subsection (a) of this Section shall not apply to any product
1530
formulation existing as of January 1, 2009 that complies with Section
223
.205(a)
1531
or is
reformulated to meet
Section
223 .205(a),
provided
the ozone-depleting
1532
compound content of the reformulated product does not increase.
1533
1534
c)
The
requirements in subsection (a) of this Section shall not apply to any ozone
1535
depleting compounds that may be present as impurities in a consumer product in
1536
an
amount equal to or less than 0.0
1%
by weight of the product.
1537
1538
Section 223.220
Requirements for Charcoal Lighter Material
1539
1540
a)
No person shall
sell,
supply, or offer for sale on or after January 1, 2009 any
1541
charcoal lighter material product unless, at the time of the transaction, the
1542
manufacturer can demonstrate that it has been issued an effective certification
by
1543
the CARB
under the Consumer Products
provisions
under
17
California
Code of
1544
Regulations
§
94509(h), incorporated by reference in Section 223.120. This
1545
certification
remains in
effect for Illinois for as long as the CARB certification
1546
remains
in effect.
1547
JCAR350223-081
730 lrOl
1548
b)
Alternatively,
the person
may demonstrate
that, at the
time
of
the
transaction,
the
1549
manufacturer
had
been issued
a
certification
by an
air
pollution
agency
of another
1550
state
and
USEPA that
was current
at the time
of the transaction.
1551
1552
c)
Upon
request by
the Agency,
a manufacturer
claiming
to
have a
certification
as
1553
specified
in
subsection
(a)
of this Section
must
submit to
the Agency
a
copy of
the
1554
certification
decision,
including
all conditions
applicable
to
the certification
1555
established
by
CARB or
the air pollution
agency
of
another
state and
USEPA.
1556
1557
Section 223.230
Exemptions
1558
1559
a)
This Subpart
shall
not
apply to
any
consumer product
manufactured
in Illinois
for
1560
shipment
and
use outside
of
Illinois,
as long
as the
manufacturer
or
distributor
can
1561
demonstrate
both
that the
consumer
product is
intended for
shipment
and use
1562
outside
of Illinois,
and
that the
manufacturer
or distributor
has
taken reasonable,
1563
prudent
precautions
to assure
that the
consumer
product is
not
distributed
to
1564
Illinois.
This exemption
shall
not apply
to
consumer
products
that are
sold,
1565
supplied,
or offered
for sale
by
any
person to retail
outlets
in Illinois.
1566
1567
b)
For
antiperspirants
or
deodorants,
ethanol
shall
not be
considered
a medium
1568
volatility
organic
material
(MVOM)
for purposes
of
the
content standards
1569
specified
in Section
223 .205(a).
1570
1571
c)
The
VOM
limits
specified
in Section
223.205(a)
shall not
apply
to fragrances
up
1572
to a
combined
level
of
two percent
by weight
contained
in
any
consumer
product
1573
and
shall
not apply
to colorants
up to
a combined
level of
two
percent by
weight
1574
contained
in any
antiperspirant
or deodorant.
1575
1576
d)
The
requirements
of Section
223.205(a)
for antiperspirants
or
deodorants
shall
not
1577
apply
to those volatile
organic
materials
that contain
more
than
10 carbon
atoms
1578
per
molecule
and for
which
the
vapor pressure
is unknown,
or
that have a
vapor
1579
pressure
of
two
mm Hg or
less
at 20°C.
1580
1581
e)
The
VOM
limits
specified
in Section
223.205(a)
shall not
apply
to any LVP
1582
VOM.
1583
1584
f)
The
requirements
of
Section
223.250 shall
not apply
to
consumer
products
1585
registered
under
the Federal
Insecticide,
Fungicide,
and Rodenticide
Act
(FIFRA,
1586
7 USC
136 through
136y).
1587
1588
g)
The
VOM limits
specified
in Section
223 .205(a)
shall not
apply to air
fresheners
1589
that
are comprised
entirely
of
fragrance,
less
compounds
not defined
as VOMs
1590
under
Section
211.7150
or
exempted
under
subsection
(f).
JCAR350223-0817301r01
1591
1592
h)
The VOM limits
specified in Section 223 .205(a)
shall not apply to air fresheners
1593
and insecticides containing at
least 98% para-dichlorobenzene.
1594
1595
i)
The VOM limits
specified in Section 223
.205(a) shall not apply to adhesives
sold
1596
in containers of one
fluid ounce or less.
1597
1598
j)
The
VOM limits specified in Section 223
.205(a) shall not apply to bait
station
1599
insecticides. For
the purpose of this Section,
bait station insecticides are
1600
containers enclosing an
insecticidal bait that is
not
more than
0.5 ounce by
1601
weight, when
the bait is designed to
be
ingested
by insects and is composed
of
1602
solid material feeding stimulants
with less than five percent active
ingredients.
1603
1604
Section 223.240 Innovative Product Exemption
1605
1606
a)
Any manufacturer of consumer
products that have been granted an Innovative
1607
Product exemption
by the CARB under the
Innovative Products provisions in
17
1608
California Code of Regulations §
94511 or 94503.5, both incorporated
by
1609
reference in Section
223.120, shall be exempt
from the limits in Section
1610
223 .205(a) for the period
of time that the CARB Innovative
Products exemption
1611
remains in effect, provided that
all consumer products within the
CARB
1612
Innovative Products exemption
are contained in the limits in Section 223 .205(a).
1613
Any
manufacturer
claiming such an exemption
on this basis must submit to
the
1614
Agency a copy
of
the
CARB Innovative Product
exemption decision (i.e., the
1615
Executive Order), including
all conditions established
by
the
CARB applicable
to
1616
the exemption.
1617
1618
b)
Recordkeeping and Availability
of Requested Information.
1619
1620
1)
All
information specified in the
Innovative Product exemption approving
1621
an Innovative Product
application shall be maintained
by the responsible
1622
party
for a minimum of three years
after the expiration of the exemption.
1623
The records shall be clearly
legible and maintained in
good
condition
1624
during this period.
1625
1626
2)
The records
specified in subsection
(b)(1) shall be made available to
the
1627
Agency, or its authorized
representative, upon request.
1628
1629
Section 223.245
Alternative Compliance
Plans
1630
1631
a)
The purpose of this Section is
to provide an alternative method
to comply with
the
1632
limits in Section 223.205(a). This alternative
is provided by allowing
responsible
1633
ACP parties the option
of voluntarily entering
into separate ACPs for consumer
JCAR350223-08 17301r01
1634
products, as specified in this Subpart.
Only responsible ACP parties for consumer
1635
products may
enter into an ACP.
1636
1637
b)
Any manufacturer of consumer
products that has been granted an ACP
1638
Agreement by the CARB under the
provisions in 17 CCR
§ss
94540-94555,
1639
incorporated by reference in Section 223.120, shall be
exempt from the limits in
1640
Section 223 .205(a)
for
the
period of time that the CARB ACP
Agreement remains
1641
in effect, provided that all ACP
products used for emissions credits within the
1642
CARB ACP Agreement are contained
in Section
223.205(a).
Any manufacturer
1643
claiming such an ACP
Agreement on this basis must submit to
the Agency a copy
1644
of the CARB ACP decision (i.e.,
the Executive Order), including all conditions
1645
established
by
the CARB
applicable to the exemption.
1646
1647
c)
Recordkeeping and Availability
of Requested Information.
1648
1649
1)
All infomiation specified
in the ACP Agreement approving an ACP
shall
1650
be maintained by the responsible
ACP
party
for a minimum of three years
1651
after the expiration
of the ACP. The records shall be clearly legible
and
1652
maintained in good condition
during this period.
1653
1654
2)
The records
specified in subsection (c)(1) shall be made available to
the
1655
Agency or its authorized
representative upon request.
1656
1657
Section 223.250 Product Dating
1658
1659
a)
Each manufacturer of a consumer
product subject to Section 223 .205(a) shall
1660
clearly display on each consumer product container or
package the day, month,
1661
and
year on which the product
was manufactured, or a code indicating such
date.
1662
1663
b)
A manufacturer who uses the following
code to indicate the date of manufacture
1664
shall
not be
subject to the requirements of Section 223.255(a),
if the code is
1665
represented separately from other
codes
on
the product container so that it is
1666
easily recognizable:
1667
1668
YY
DDD = year year day
day day
1669
1670
Where:
1671
1672
YY = Two digits representing
the year in which the product was
1673
manufactured
1674
1675
DDD = Three digits
representing the day of the year on which the
1676
product was manufactured,
with “001” representing the first
JCAR350223-0817301r01
1677
day of the year, “002” representing the second day of the
year,
1678
and
so forth (i.e., the “Julian date”)
1679
1680
c)
This date or code shall be displayed
on
each consumer product container or
1681
package no later than the effective date of the applicable standard specified in
1682
Section 223 .205(a).
1683
1684
d)
The date or date-code information
shall
be located
on the
container or inside
the
1685
cover/cap so that it is
readily
observable or obtainable by simply removing the
1686
cap/cover without irreversibly disassembling
any part of the container or
1687
packaging. For the purposes of this subsection, information may be displayed
on
1688
the bottom of a container as long
as it is clearly legible without removing any
1689
product
packaging.
1690
1691
e)
The
requirements of this
Section shall not apply to products containing no VOMs
1692
(as defined in Section 223.203), or containing
VOMs
at
0.10% by
weight or
less.
1693
1694
Section
223.255 Additional Product Dating Requirements
1695
1696
a)
No
person shall erase, alter,
deface, or otherwise remove or make illegible any
1697
date or code indicating the date
of manufacture from any regulated product
1698
container without the express authorization
of the
manufacturer.
No manufacturer
1699
shall affix a date-code that is not true for the date the item was manufactured.
1700
1701
b)
Date-code explanations for codes
indicating the date of manufacture are public
1702
information and may not be claimed as confidential.
1703
1704
Section
223.260 Most Restrictive Limit
1705
1706
a)
Products manufactured before January 1, 2009, and FIFRA-registered
insecticides
1707
manufactured before January 1, 2010.
1708
Notwithstanding
the
definition of product category in Section 223 .203, if,
1709
anywhere on the principal display panel
of any
consumer product
manufactured
1710
before
January
1,
2009 or any
FIFRA-registered insecticide manufactured before
1711
January 1, 2010, any representation is made that the product may
be used as, or
is
1712
suitable for use as,
a consumer
product for which a lower VOC limit is specified
1713
in
Section 223 .205(a), then the lowest
VOC limit shall apply. This requirement
1714
does not apply to general purpose cleaners, antiperspirant/deodorant products
and
1715
insecticide
foggers.
1716
1717
b)
Products manufactured on or after January
1,
2009
and
FIFRA-registered
1718
insecticides manufactured on or after January 1, 2010.
JCAR350223-08
17301r01
1719
Notwithstanding the
definition of product category in Section 223 .203,
if,
1720
anywhere on the container
or packaging of any consumer product manufactured
1721
on or after
January
1, 2009 or any FTh’RA-registered
insecticide manufactured
on
1722
or
after January 1,
2010 or on any sticker or label
affixed to
the container
or
1723
packaging, any representation
is made that the product may be used as,
or
is
1724
suitable for use as, a consumer
product for which a lower
VOC
limit is specified
1725
in Section
223.205(a),
then
the lowest VOM limit shall apply. This requirement
1726
does not apply
to
general purpose cleaners, antiperspirant/deodorant
products and
1727
insecticide foggers.
1728
1729
Section
223.265 Additional Labeling
Requirements for Aerosol Adhesives, Adhesive
1730
Removers, Electronic
Cleaners,
Electrical Cleaners,
Energized Electrical Cleaners, and
1731
Contact
Adhesives
1732
1733
a)
In addition to the requirements
specified in Sections 223 .250, 223 .260, and
1734
223 .270, both the manufacturer
and responsible
party for each aerosol adhesive,
1735
adhesive remover, electronic
cleaner, electrical cleaner, energized electrical
1736
cleaner,
and
contact adhesive product subject to
this Subpart shall ensure that all
1737
products clearly display
the following information on each product container
1738
manufactured on or after January
1, 2009.
1739
1740
1)
The
product category as specified in Section 223.205(a)
or an abbreviation
1741
of the category
shall be displayed.
1742
1743
2)
The applicable VOM standard
for the product that is specified in Section
1744
223 .205(a)
except for energized electrical cleaner,
expressed as a
1745
percentage by weight,
shall be displayed unless the product is included
in
1746
an
alternative control plan approved
by
the
Agency, as provided in
1747
Sections 223 .240 and 223 .245,
and the product exceeds the applicable
1748
VOM standard.
1749
1750
3)
If the product
is included in an alternative control plan approved
by the
1751
Agency, and the product exceeds the applicable
VOM standard specified
1752
in Section 223.205(a),
the product shall be labeled with the term “ACP”
or
1753
“ACP
product”.
1754
1755
4)
If the product is classified as a special
purpose spray adhesive, the
1756
applicable
substrate andlor application or an abbreviation
of the substrate
1757
and/or application
that qualifies the product as special purpose shall
be
1758
displayed.
1759
JCAR350223-0817301r01
1760
5)
If the manufacturer
or responsible party uses an abbreviation as allowed
1761
by this Section, an explanation
of the abbreviation must be filed with the
1762
Agency before the abbreviation is
used.
1763
1764
b)
The
information required
in Section 223.25 0(a) shall be displayed on the product
1765
container such that it is
readily observable without removing or disassembling
any
1766
portion of the product container or
packaging. For the purposes of this
1767
subsection, information may be displayed on the
bottom of a
container
as
long
as
1768
it is
clearly legible without
removing any product packaging.
1769
1770
c)
No
person shall remove,
alter, conceal, or deface the information required in
1771
subsection (a) prior to final sale of
the product.
1772
1773
Section 223.270 Reporting Requirements
1774
1775
a)
Within 90 days after written request
by
the agency, a
responsible
party
must
1776
submit to the Agency any
of the following information:
1777
1778
1)
The name, address,
and telephone number of the responsible party and
the
1779
name and telephone
number of the party’s designated contact person;
1780
1781
2)
For each product subject to Section 223 .205(a):
1782
1783
A)
The product
brand name;
1784
1785
B)
The product label;
1786
1787
C)
The product category to which the consumer product
belongs;
1788
1789
D)
The applicable product forms listed separately;
and
1790
1791
E)
An
identification of the product as a household product,
1792
institutional product, or
both;
1793
1794
3)
Separate Illinois sales in pounds per year, to
the nearest pound, and the
1795
method used
to calculate Illinois sales for each product form;
1796
1797
4)
For information submitted by multiple companies,
an
identification
of
1798
each company
that is submitting relevant data separate from that
submitted
1799
by
the responsible
party. All information from each company shall be
1800
submitted by the date requested
by the Agency;
1801
JCAR350223-0817301r01
1802
5)
For
each product
brand name
and form,
the net
percent by
weight of the
1803
total product,
less
container
and
packaging,
comprised
of the
following,
1804
rounded
to the
nearest 0.1%:
1805
1806
A)
Total
Section
223.205(a)
compounds;
1807
1808
B)
Total
LVP-VOMs
that
are not fragrances;
1809
1810
C)
Total all other
carbon-containing
compounds
that
are
not
1811
fragrances;
1812
1813
D)
Total
all non-carbon-containing
compounds;
1814
1815
E)
Total
fragrance;
1816
1817
F)
For
products
containing
greater
than 2%
by
weight
fragrance:
1818
1819
i)
The
percent of
fragrance
that is
LVP-VOMs;
and
1820
1821
ii)
The
percent
of fragrance
that is all
other
carbon-containing
1822
compounds;
and
1823
1824
G)
Total
paradichlorobenzene;
1825
1826
6)
For
each product
brand
name and
form, the
identity,
including
the specific
1827
chemical name
and associated
Chemical
Abstract
Services
(CAS)
number,
1828
of
the
following:
1829
1830
A)
Each
Section
223.205(a)
compound;
and
1831
1832
B)
Each
LVP-VOM
that is not
a fragrance;
and
1833
1834
7)
If
the product
includes
a
propellant,
the
following:
1835
1836
A)
The weight
percent
comprised
of
propellant
for each
product;
and
1837
1838
B)
An identification
of the type
of propellant,
such as
Type
A, Type
1839
B, Type
C,
or
a blend of
the different
types.
1840
1841
b)
In
addition
to
the requirements
of subsection
(a)(6),
the responsible
party
shall
1842
report
or shall arrange
to
have
reported
to the
Agency,
upon
request, the
net
1843
percent
by weight
of each
ozone-depleting
compound
that
is:
1844
JCAR350223-08
1 7301r01
1845
1)
Listed in
Section 223.210(a);
and
1846
1847
2)
Contained in a product
subject to
reporting under subsection
(a) in any
1848
amount
greater than
0.1% by
weight.
1849
1850
c)
In
addition, all manufacturers
must submit
to the
Agency,
upon
request,
the
1851
infonnation requested
in
subsections
(a) and
(b)
upon
comrriencement of the
1852
selling of each
such product in Illinois.
1853
1854
Section 223.275 Special
Recordkeeping Requirements
for Consumer Products
that
1855
Contain
Perchioroethylene
or
Methylene
Chloride
1856
1857
a)
The requirements
of this Section
shall apply to
all responsible parties
for
1858
consumer products
that are
subject
to Section 223.205(a)
and contain
1859
perchioroethylene or
methylene
chloride and energized
electrical cleaners
as
1860
defined in Section
223.203 that contain
perchioroethylene
or methylene
chloride.
1861
For the purposes of
this
Section,
a product “contains
perchloroethylene
or
1862
methylene chloride”
if the product
contains 1.0% or
more by weight (exclusive
of
1863
the
container or packaging)
of either
perchloroethylene
or methylene
chloride.
1864
1865
b)
For each consumer
product
that contains perchloroethylene
or methylene
chloride,
1866
within
90 days after written
request
by the
agency, the responsible
party shall
1867
report
the following
information
for products
sold in Illinois:
1868
1869
1)
The product brand
name
and
a copy of the product
label with legible
usage
1870
instructions;
1871
1872
2)
The product
category to which
the consumer product
belongs;
1873
1874
3)
The
applicable
product forms
(listed separately);
1875
1876
4)
For each
product
form listed in subsection
(b)(3),
the total sales in Illinois
1877
during the calendar
year
to the
nearest pound (exclusive
of the container
or
1878
packaging),
and the method used
for calculating
the Illinois sales; and
1879
1880
5)
The weight
percent,
to the nearest
0.1%, of
perchloroethylene
and
1881
methylene chloride
in the consumer
product.
1882
1883
Section 223.280
Calculating
Illinois
Sales
1884
1885
If direct
sales data for Illinois
are not available,
sales may be estimated
by
prorating national
or
1886
regional
sales data by
population.
1887
JCAR350223-08 1 7301r01
1888
Section 223.285 Test Methods
1889
1890
a)
Testing to determine compliance
with the requirements
of
this
Subpart shall be
1891
performed using CARB Method
310, Determination of Volatile Organic
Materials
1892
(VOM) in Consumer Products, which
is incorporated by reference in Section
1893
223.120.
1894
1895
b)
Compliance with the requirements
of this Subpart may also be
demonstrated
1896
through
calculation
of the VOM content
from records of the amounts of
1897
constituents used to make
the product pursuant
to the
following
criteria:
1898
1899
1)
Accurate manufacturing
records shall
be kept
for
each day of production
1900
of the amount and chemical
composition of the individual product
1901
constituents;
1902
1903
2)
Records required
by
subsection
(b)(1) shall be kept for at
least three years;
1904
1905
3)
For subsection
(b)(4), the following shall apply:
1906
1907
A)
“A”
means the total net weight
of unit excluding container and
1908
packaging;
1909
1910
B)
“B” means the total
weight of all VOMs per unit; and
1911
1912
C)
“C”
means
the total weight of all exempted
VOMs per unit;
1913
1914
4)
For the
purposes of this Section,
the VOM content shall be calculated
by
1915
subtracting the total weight
of VOMs exempted under
Section 223.230
per
1916
unit
from the total weight of all
VOMs per unit, divided by the total
net
1917
weight of unit excluding
container and packaging and the
product,
1918
multiplied
by 100 as in the formula below:
1919
1920
1921
VOMContent
= B
—
Cxi
00
A
1922
1923
5)
If product records
appear to demonstrate compliance
with the VOM
limits,
1924
but these records are
contradicted by product testing
performed using
1925
CARB Method 310, the results
of CARB Method 310 shall take
1926
precedence
over the product records
and may be used to establish
a
1927
violation of the requirements
of this Subpart.
1928
JCAR350223-08 1 7301r01
1929
c)
Testing to determine whether a product
is a liquid or solid shall be performed
1930
using ASTM D4359-90, which is incorporated
by reference in Section 223.120,
or
1931
an equivalent
method approved by the CARB.
1932
1933
d)
Testing to determine compliance with
the certification requirements for charcoal
1934
lighter material shall be performed using
the procedures specified in the
1935
SCAQMD
Test
Protocol Rule 1174, Ignition
Method
Compliance Certification
1936
Protocol, dated February 28, 1991,
which is incorporated
by
reference in Section
1937
223.120.
1938
1939
e)
Testing to determine distillation points
of petroleum distillate-based charcoal
1940
lighter materials
shall be performed using ASTM D86-07b, which is
incorporated
1941
by reference in Section 223.120, or an
equivalent method approved by the CARB.
1942
1943
f)
No person shall create, alter, falsify, or otherwise
modify records in such a way
1944
that the records do not accurately
reflect the constituents used to manufacture
a
1945
product, the chemical composition of
the individual product, and any other test,
1946
processes, or records
used in connection with product manufacture.
1947
1948
SUBPART C: ARCHITECTURAL AN]) INDUSTRIAL
MAINTENANCE COATINGS
1949
1950
Section 223.300 Purpose
1951
1952
The
purpose of this Subpart is to limit emissions
of VOMs by requiring reductions in the VOM
1953
content of
architectural and
industrial maintenance coatings and required work practices
to
1954
minimize VOM
emissions in the application
of architectural and industrial maintenance coatings
1955
to
surfaces.
1956
1957
Section 223.305 Applicability
1958
1959
This Subpart is
applicable to
any person who supplies, sells, offers for sale, or manufactures
any
1960
architectural coating for use within the State of Illinois,
as well as any person who applies or
1961
solicits the
application of any architectural
coating within Illinois. This Subpart does not apply
1962
to:
1963
1964
a)
Any architectural coating that is sold
or manufactured for use outside of the
State
1965
of
Illinois or
for shipment to other manufacturers for reformulation or
1966
repackaging.
1967
1968
b)
Any
aerosol
coating product.
1969
1970
c)
Any architectural coating
that is sold in a container with a volume of one liter
1971
(1.057 quart) or less.
JCAR350223-08
17301r01
1972
1973
Section
223.307 Definitions for Subpart
C
1974
1975
The definitions contained in this Section apply
only to the provisions
of this Subpart. Unless
1976
otherwise defined in this Section, the definitions
of terms used in this Subpart shall have
the
1977
meanings specified for
those terms
in 35 Iii. Adm.
Code 211.
1978
1979
“Adhesive” means any chemical
substance that is applied
for the purpose of
1980
bonding two surfaces together other
than by mechanical means.
1981
1982
“Aerosol Coating Product” means
a pressurized coating product containing
1983
pigments or resins that
dispenses product ingredients
by means of a propellant,
1984
and is packaged in a disposable
can for hand-held application or
for
use
in
1985
specialized equipment
for ground traffic/marking
applications.
1986
1987
“Antenna Coating” means
a coating labeled and formulated
exclusively for
1988
application
to equipment and associated
structural appurtenances that are
used to
1989
receive or transmit electromagnetic
signals.
1990
1991
“Antifouling Coating”
means a coating labeled
and formulated for application
to
1992
submerged stationary
structures and their appurtenances
to prevent or reduce
the
1993
attachment of marine or
freshwater biological organisms.
To qualify as an
1994
“Antifouling Coating”, the
coating must be registered with USEPA
under the
1995
Federal Insecticide, Fungicide and
Rodenticide Act (7
USC
136 et seq.)
1996
1997
“Appurtenance” means any
accessory to a stationary
structure coated at the site
of
1998
installation,
whether installed or detached,
including, but not limited to, bathroom
1999
and kitchen fixtures, cabinets,
concrete forms, doors, elevators,
fences, hand
2000
railings, heating
equipment, air conditioning
equipment, and other fixed
2001
mechanical equipment or
stationary tools, lampposts, partitions,
pipes
and
piping
2002
systems, rain gutters
and downspouts, stairways,
fixed ladders, catwalks and
fire
2003
escapes, and window screens.
2004
2005
“Architectural
Coating” means
a
coating
to be applied to stationary structures
or
2006
the appurtenances at the
site of installation, to portable
buildings at the site of
2007
installation,
to pavements, or to curbs.
Coatings applied in shop applications
or to
2008
non-stationary structures,
such as airplanes, ships,
boats, railcars, and
2009
automobiles, and adhesives
are not considered architectural
coatings for the
2010
purposes of this Subpart.
2011
2012
“Bitumens” means
black or brown materials including,
but not limited to, asphalt,
2013
tar, pitch, and asphaltite that
are soluble in carbon disulfide,
consist mainly of
JCAR350223-08 1 7301r01
2014
hydrocarbons, and are obtained from natural deposits or as residues from the
2015
distillation
of
crude petroleum
or coal.
2016
2017
“Bituminous Roof Coating” means a coating that incorporates “Bitumens” that is
2018
labeled and formulated exclusively for roofing.
2019
2020
“Bituminous Roof Primer” means
a
primer that
incorporates
“Bitumens” that
is
2021
labeled and formulated exclusively for roofing.
2022
2023
“Bond
Breaker” means a coating labeled and
formulated for
application between
2024
layers of
concrete
to prevent a freshly poured top layer of concrete from bonding
2025
to the
layer over which it is poured.
2026
2027
“Calcamine Recoaters” means flat solvent borne coatings formulated and
2028
recommended specifically
for recoating calcamine-painted ceilings and other
2029
calcamine-painted substrates.
2030
2031
“Clear
Brushing Lacquers” means clear wood finishes, excluding clear lacquer
2032
sanding scalers, formulated with nitrocellulose or synthetic resins to dry by
2033
solvent
evaporation without
chemical reaction and to provide a solid,
protective
2034
film,
which are intended exclusively for application
by
brush and which are
2035
labeled as specified in Section 223.320(e).
2036
2037
“Clear Wood Coatings” means clear and semi-transparent coatings, including
2038
lacquers
and varnishes, applied
to wood
substrates
to
provide a transparent
or
2039
translucent solid film.
2040
2041
“Coating”
means, for purposes of this Subpart, a material applied onto or
2042
impregnated into
a
substrate
for protective, decorative, or functional purposes.
2043
Such materials include, but are not limited to, paints, varnishes, sealers, and
2044
stains.
2045
2046
“Colorant”
means, for purposes of this Subpart, a concentrated pigment dispersion
2047
in water, solvent,
and/or
binder that is added to an architectural coating after
2048
packaging in sale units to produce the desired color.
2049
2050
“Concrete
Curing Compound”
means,
for
purposes
of
this Subpart, a
coating
2051
labeled and formulated for application to freshly poured concrete to retard the
2052
evaporation of water.
2053
2054
“Concrete
Surface Retarder” means
a
mixture
of
retarding ingredients
such as
2055
extender pigments, primary pigments, resin, and solvent that interact chemically
2056
with the cement to prevent hardening on the surface where the retarder is applied,
JCAR350223-08
1 7301r01
2057
allowing
the retarded
mix of cement
and sand at
the surface to
be washed away
to
2058
create an exposed aggregate
finish.
2059
2060
“Conversion
Varnish” means a
clear acid-curing
coating with
an alkyd or other
2061
resin blended with
amino resins
and
supplied
as a single
component or two-
2062
component
product.
Conversion
varnishes
produce a hard,
durable,
clear
finish
2063
designed
for professional
application to wood
flooring.
Film formation
is the
2064
result
of an acid-catalyzed
condensation
reaction,
affecting a transetherification
at
2065
the reactive
ethers
of
the amino resins.
2066
2067
“Dry Fog
Coating”
means a coating
labeled and formulated
only for
spray
2068
application
such that overspray
droplets
dry
before
subsequent contact with
2069
incidental
surfaces
in the vicinity
of the surface coating
activity.
2070
2071
“Exempt
Compound”
means a compound
identified as
exempt
under
the
2072
definition
of Volatile Organic
Material
(VOM)
in
Part 211.7150. The exempt
2073
compound
content
of a coating shall
be determined
by
USEPA
Method
24 or
2074
South
Coast Air Quality
Management
District
(SCAQMD)
Method 303-9
1
2075
(Revised
February
1993), incorporated
by reference
in Section 223.120.
2076
2077
“Faux Finishing Coating”
means
a coating
labeled
and formulated as
a stain
or
a
2078
glaze to create
artistic effects
including, but not
limited to, dirt,
old age, smoke
2079
damage,
and
simulated marble
and wood grain.
2080
2081
“Fire-Resistive
Coating”
means an opaque
coating labeled
and
formulated
to
2082
protect
the
structural integrity
by increasing
the
fire endurance
of interior or
2083
exterior steel
and
other
structural materials
that has been fire
tested and
rated
by a
2084
testing
agency and approved
by building
code
officials
for use in bringing
2085
assemblies
of structural
materials into compliance
with federal,
State, and
local
2086
building
code requirements.
The fire-resistive
coating
and the testing agency
2087
must be approved
by building
code officials.
The fire-resistive
coating
shall
be
2088
tested in accordance
with ASTM
El 19-98,
incorporated
by reference in Section
2089
223.120.
2090
2091
“Fire-Retardant
Coating”
means a coating labeled
and
formulated
to retard
2092
ignition and flame
spread that
has
been fire
tested and rated
by a testing agency
2093
approved
by
building code
officials for use
in bringing building
and
construction
2094
materials into
compliance with
federal, State,
and local
building code
2095
requirements.
The fire-retardant
coating
and the testing
agency must be
approved
2096
by
building
code officials.
The fire-retardant
coating shall
be tested in
accordance
2097
with
ASTM
E84-07, incorporated
by
reference
in
Section 223.120.
2098
JCAR350223-08
1730
irOl
2099
“Flat Coating” means a coating that
is not defined under any other definition
in
2100
this Section and that
registers gloss less than 15
on an 85-degree meter or less
2101
than five on a 60-degree
meter according to ASTM D523-89
(1999), incorporated
2102
by reference in Section 223.120.
2103
2104
“Floor Coating”
means an opaque coating that
is labeled and formulated for
2105
application to flooring,
including, but not limited
to, decks, porches, steps, and
2106
other horizontal surfaces that
may be subjected to foot
traffic.
2107
2108
“Flow Coating” means
a coating labeled and formulated
exclusively for use by
2109
electric power companies or their subcontractors
to maintain the protective
2110
coating systems present
on utility transformer units.
2111
2112
“Form-Release Compound”
means a coating labeled and
formulated for
2113
application to a concrete
form to prevent the
freshly poured concrete from
2114
bonding to the form. The form
may consist of wood, metal, or some
material
2115
other than concrete.
2116
2117
“Graphic
Arts
Coating or Sign Paint”
means a coating labeled and formulated
for
2118
hand-application
by
artists
using brush or roller techniques
to indoor and outdoor
2119
signs (excluding structural
components) and murals, including
letter enamels,
2120
poster colors, copy blockers, and
bulletin enamels.
2121
2122
“High-Temperature
Coating” means a high
performance coating, excluding
2123
engine paint, labeled and
formulated for application
to substrates exposed
2124
continuously or intermittently to
temperatures above 204°C
(400°F).
2125
2126
“Impacted Immersion Coating”
means a high performance maintenance
coating
2127
formulated and recommended
for application
to steel structures subject to
2128
immersion in turbulent, debris-laden water.
These coatings are specifically
2129
resistant to high-energy impact
damage by floating ice or
debris.
2130
2131
“Industrial Maintenance Coating”
means a high performance
architectural coating,
2132
including primers,
sealers, undercoaters, intermediate
coats, and topcoats,
2133
formulated for application to
substrates exposed to one or more
of
the
following
2134
extreme environmental
conditions and labeled
as specified in Section 223.320(d):
2135
2136
Immersion
in water, wastewater,
or chemical solutions (aqueous
and non
2137
aqueous
solutions), or chronic exposures
of interior surfaces to moisture
2138
condensation;
2139
2140
Acute
or chronic exposure
to corrosive, caustic, or acidic agents,
or to
2141
chemicals,
chemical fumes,
or
chemical
mixtures or solutions;
JCAR350223-08
17301r01
2142
2143
Repeated exposure
to temperatures
above 121°C (250°F);
2144
2145
Repeated (frequent)
heavy
abrasion,
including
mechanical
wear
and
2146
repeated (frequent)
scrubbing
with industrial solvents,
cleansers,
or
2147
scouring
agents; or
2148
2149
Exterior
exposure
of
metal structures
and structural components.
2150
2151
“Lacquer
means, for purposes
of this
Subpart,
a clear or opaque
wood coating,
2152
including clear
lacquer sanding
sealers, formulated
with cellulosic
or synthetic
2153
resins to dry
by evaporation
without chemical
reaction and to provide
a solid,
2154
protective
film.
2155
2156
“Low Solids
Coating” means a coating
containing
0.12 kilogram
or less of solids
2157
per liter (1 pound
or less of solids
per gallon)
of coating material.
2158
2159
“Magnesite Cement
Coating”
means a coating
labeled and formulated
for
2160
application
to magnesite cement
decking to protect
the magnesite
cement
2161
substrate
from erosion by water.
2162
2163
“Mastic
Texture
Coating”
means a coating
labeled and
formulated to cover
holes
2164
and
minor cracks and to
conceal surface
irregularities, and
is applied in
a single
2165
coat of at least 10 mils
(0.010
inch)
dry film thickness.
2166
2167
“Metallic Pigmented
Coating” means
a coating
containing at least 48
grams
of
2168
elemental metallic
pigment per
liter of coating as applied
(0.4 pounds
per gallon),
2169
when tested in accordance
with SCAQMD
Method
3 18-95, incorporated
by
2170
reference in Section
223.120.
2171
2172
“Multi-Color
Coating”
means a coating
that is packaged
in a single container
and
2173
that exhibits more than
one
color
when applied in a single
coat.
2174
2175
“Non-Flat Coating”
means a
coating
that is not defined
under any
other
definition
2176
in
this Section
and
that registers a gloss
of 15
or
greater
on an 85-degree
meter
2177
and five or greater on
a
60-degree
meter according to ASTM
D523-89,
2178
incorporated
by
reference in Section
223.120,
or an
equivalent method approved
2179
bytheCARB.
2180
2181
“Non-Flat
High-Gloss
Coating”
means a non-flat
coating that registers
a gloss
of
2182
70
or above
on a 60-degree meter
according
to ASTM D523-89,
incorporated
by
2183
reference into
Section 223.120,
or an equivalent
method
approved
by the
CARB.
2184
JCAR350223-0817301r01
2185
“Nonindustrial
Use” means
any use of architectural
coatings
except
in the
2186
construction
or maintenance of any
of
the following:
facilities used
in
the
2187
manufacturing
of
goods and
commodities; transportation
infrastructure,
including
2188
highways,
bridges, airports
and railroads; facilities
used
in
mining activities,
2189
including
petroleum extraction;
utilities infrastructure,
including
power generation
2190
and
distribution;
and water
treatment and
distribution systems.
2191
2192
“Nuclear
Coating” means
a protective
coating formulated
and recommended
to
2193
seal porous surfaces
such as steel
(or concrete) that otherwise
would
be subject
to
2194
intrusions
by
radioactive
materials. These
coatings
must be resistant to
long-term
2195
(service life) cumulative
radiation
exposure (ASTM D4082-02),
incorporated
by
2196
reference
in Section 223.120,
relatively
easy
to decontaminate,
and resistant
to
2197
various chemicals to
which
the coatings
are likely to be
exposed
(ASTM
D3912-
2198
95,
incorporated
by
reference
in Section
223.120).
2199
2200
“Post-Consumer
Coating”
means a finished
coating
that would have been
2201
disposed
of in a landfill,
having completed
its usefulness
to
a
consumer,
and does
2202
not
include manufacturing
wastes.
2203
2204
“Pre-Treatment
Wash Primer” means
a primer that
contains a minimum
of 0.5
2205
acid,
by
weight, when
tested in accordance
with
ASTM D1613-03,
incorporated
2206
by
reference into
Section 223.120,
or an equivalent
method approved
by
the
2207
CARB that
is labeled and
formulated for application
directly
to bare metal
2208
surfaces
to provide corrosion
resistance
and
to promote adhesion
of subsequent
2209
topcoats.
2210
2211
“Primer” means,
for purposes
of this
Subpart, a coating labeled
and
formulated
for
2212
application
to a substrate
to provide a firm
bind
between
the substrate and
2213
subsequent
coats.
2214
2215
“Quick-Dry
Enamel”
means
a non-flat
coating that is labeled
as specified in
2216
Section
223.320(h)
and that
is
formulated
to have the following
characteristics:
2217
2218
Is capable
of being applied
directly
from the container under
normal
2219
conditions
with
ambient
temperatures
between
16 and
27°C (60 and
2220
80°F); and
2221
2222
When tested in accordance
with ASTM
D1640-03,
incorporated by
2223
reference
in Section
223.120,
or an equivalent method
approved
by the
2224
CARB, sets
to touch in two
hours or less, is tack
free in four hours
or less,
2225
and dries hard
in eight hours or
less
by the
mechanical test method;
and
2226
2227
Has
a dried
film gloss
of 70 or above on a
60-degree meter.
JCAR350223-08
17301r01
2228
2229
“Quick-Dry
Primer Sealer
and Undercoater”
means a “Primer”,
“Sealer”,
or
2230
“Undercoater”
that
is dry to the touch in
30 minutes
and
can be recoated
in two hours
2231
when
tested in accordance
with
ASTM
D1640-03, incorporated
by reference
in Section
2232
223.120, or an equivalent
method
approved by the
CARB.
2233
2234
“Recycled
Coating” means an architectural
coating
formulated
such that not less
than
50
2235
percent of the
total weight
consists of secondary
and post-consumer
coating,
with not
less
2236
than 10 percent
of the total weight
consisting
of post-consumer
coating.
2237
2238
“Residence”
means areas where
people reside
or lodge,
including,
but not limited
to,
2239
single
and
multiple
family
dwellings, condominiums,
mobile homes,
apartment
2240
complexes,
motels, and hotels.
2241
2242
“Roof Coating”
means a nonbituminous
coating
labeled and
formulated exclusively
for
2243
application to
roofs for the
primary purpose
of preventing penetration
of the
substrate
by
2244
water or reflecting
heat and ultraviolet
radiation.
Metallic
pigmented roof coatings
that
2245
qualify
as
metallic
pigmented
coatings shall
not be considered
in this
category,
but
shall
2246
be considered
to be in the metallic
pigmented
coatings
category.
2247
2248
“Rust
Preventive
Coating”
means a coating
formulated exclusively
for
nonindustrial
use
2249
to prevent
the corrosion of
metal surfaces
and labeled
as specified in Section
223.320(f).
2250
2251
“Sanding Sealer” means,
for purposes
of this Subpart,
a clear
or semi-transparent
wood
2252
coating
labeled and
formulated for application
to
bare wood to seal
the wood and to
2253
provide a coat that
can be abraded
to create a
smooth surface for subsequent
applications
2254
of coatings. A
“Sanding Sealer” that
also meets the
definition
of a “Lacquer” is
not
2255
included in this category,
but it
is included in
the “Lacquer” category.
2256
2257
“Sealer” means, for
purposes
of
this Subpart, a
coating labeled and
formulated
for
2258
application to
a
substrate
for one or
more
of the following
purposes:
to prevent
2259
subsequent coatings
from being absorbed
by the
substrate, or to prevent
harm to
2260
subsequent
coatings
by materials in
the substrate.
2261
2262
“Secondary
Coating (Rework)”
means
a fragment
of a finished coating
or a finished
2263
coating from a manufacturing
process
that has converted
resources
into a commodity
of
2264
real
economic value,
but does not include
excess
virgin resources
of the manufacturing
2265
process.
2266
2267
“Shellac”
means a
clear or opaque
coating
formulated
solely
with the resinous
secretions
2268
of the
lac
beetle
(Laciffer lacca),
thinned with
alcohol, and formulated
to dry
by
2269
evaporation
without a chemical
reaction.
2270
JCAR350223-08
17301r01
2271
“Shop Application”
means
the
application of a coating
to a product
or a component of
a
2272
product in or
on the premises of
a
factory
or a shop
as part of a manufacturing,
2273
production
or repairing process
(e.g., original equipment
manufacturing
coatings).
2274
2275
“Solicit”
means to require
for use or to specify
by
written or
oral contract.
2276
2277
“Specialty
Primer, Sealer,
and Undercoater”
means a coating
labeled as specified
in
2278
Section
223.320(g)
and that is formulated
for application
to a substrate to seal
fire,
2279
smoke,
or water damage;
to
condition
excessively chalky
surfaces;
to seal
in
2280
efflorescence; or to
block stains. An excessively
chalky
surface is one that
is defined
as
2281
having
a chalk rating of
four
or less
as determined
by
ASTM
D4214-98,
incorporated
by
2282
reference in Section
223.120, or an equivalent
method
approved by the CARB.
2283
2284
“Stain” means
a
clear,
semitransparent,
or opaque
coating
labeled and formulated
to
2285
change
the color of a surface,
but not
conceal the grain pattern
or texture.
2286
2287
“Stone
Consolidant” means
a coating
that is labeled and formulated
for
application to
2288
stone substrates to
repair historical structures
that have
been damaged by weathering
or
2289
other
decay mechanisms.
“Stone Consolidants”
must penetrate
into
stone
substrates to
2290
create bonds between
particles and
consolidate deteriorated
material. “Stone
2291
Consolidants”
must be specified and
used in
accordance
with ASTM E2
167-01,
2292
incorporated
by
reference
in Section
223.120. “Stone
Consolidants”
are for professional
2293
use only
and must
be labeled
as such, in accordance
with the
labeling
requirements
in
2294
Section 223.320.
2295
2296
“Swimming
Pool
Coating”
means a coating labeled
and
formulated
to coat the interior
of
2297
swimming
pools and to resist
swilmning
pool chemicals.
2298
2299
“Swimming
Pool Repair and
Maintenance
Coating” means a rubber-based
coating
2300
labeled
and
formulated
to be used over existing
rubber-based
coatings for the repair
and
2301
maintenance
of swimming
pools.
2302
2303
“Temperature-Indicator
Safety
Coating” means
a coating labeled
and formulated as
a
2304
color-changing
indicator coating
for the purpose
of monitoring the
temperature
and safety
2305
of the
substrate,
underlying
piping, or underlying
equipment, and
for application to
2306
substrates
exposed continuously
or intermittently
to temperatures
above
204°C
(400°F).
2307
2308
“Thermoplastic
Rubber
Coating and Mastics”
means a
coating
or mastic formulated
and
2309
recommended
for application
to roofing
or other structural
surfaces and that
incorporates
2310
no
less than 40 percent
by
weight
of
thermoplastic
rubbers
in the total resin solids
and
2311
may also contain other
ingredients, including,
but not
limited to, fillers, pigments
and
2312
modifying
resins.
2313
JCAR350223-08
17301r01
2314
“Tint Base”
means an architectural
coating to
which colorant
is added after packaging
in
2315
sale units to produce
a desired
color.
2316
2317
“Traffic
Marking Coating”
means
a coating
labeled and
formulated for marking
and
2318
striping
streets, highways,
or other
traffic
surfaces, including,
but not limited
to, curbs,
2319
berets,
driveways,
parking lots, sidewalks,
and airport
runways.
2320
2321
“Undercoater” means
a coating
labeled and formulated
to provide
a smooth surface
for
2322
subsequent
coatings.
2323
2324
“Varnish” means
a clear or semitransparent
wood
coating,
excluding
lacquers and
2325
shellacs, formulated
to
dry
by chemical
reaction
on exposure to air.
Varnishes
may
2326
contain
small
amounts of pigment to
color a surface,
or to
control
the final sheen or
gloss
2327
of the finish.
2328
2329
“VOC Content” shall
have the
same meaning as
“VOM Content.”
2330
2331
“VOM Content” means
the weight
of VOM per volume
of coating,
calculated
according
2332
to the
procedures
specified in Section
223.340(a).
2333
2334
“Waterproofing
Concrete/Masonry
Sealers” means
clear or pigmented
scalers that
are
2335
formulated
for sealing concrete
and masonry
to provide
resistance
against water,
alkalis,
2336
acids,
ultraviolet light, or staining.
2337
2338
“Waterproofing
Sealer” means
a coating
labeled
and
formulated for application
to a
2339
porous
substrate for the
primary
purpose
of preventing
the penetration
of water.
2340
2341
“Wood
Preservative” means
a coating
labeled and
formulated to protect
exposed
wood
2342
from
decay or insect attack
that is registered
with
USEPA
under the Federal
Insecticide,
2343
Fungicide,
and Rodenticide
Act
(7 USC
136 et seq.).
2344
2345
Section 223.310
Standards
2346
2347
a)
VOM
Content Limits:
Except as
provided in subsection
(c),
no
person shall
2348
manufacture, blend,
or repackage
for sale within
Illinois, supply, sell,
or
offer for
2349
sale
within
Illinois,
or solicit for application
or apply
within
Illinois,
any
2350
architectural coating
manufactured
on or
after
January 1, 2009 that
contains
a
2351
VOM content in
excess of the
corresponding limit
specified below:
2352
VOM
Content Limit
Grams/Liter
Coating Category
(Pounds/Gallon)
1)
Flat Coatings
100
(0.8)
JCAR350223-08
17301r01
2)
Non-Flat Coatings
150
(1.3)
3)
Non-Flat High-Gloss
Coatings
250
(2.1)
Specialty
Coatings
4)
Antenna
Coatings
530
(4.4)
5)
Antifouling
Coatings
400
(3.3)
6)
Bituminous
Roof
Coatings
300
(2.5)
7)
Bituminous
Roof
Primers
350
(2.9)
8)
Bond
Breakers
350
(2.9)
9)
Calcamine
Recoaters
475
(4.0)
10)
Clear
Wood
Coatings
2353
A)
Clear Brushing
Lacquers
680
(5.7)
B)
Lacquers
(including
lacquer
sanding
sealers)
550
(4.6)
C)
Sanding Sealers
(other than
lacquer
sanding sealers)
350
(2.9)
D)
Varnishes
350
(2.9)
2354
11)
Concrete
Curing Compounds
350
(2.9)
Concrete
Surface Retarder
780
(6.5)
2355
12)
Conversion
Varnish
725
(6.0)
13)
Dry
Fog
Coatings
400
(3.3)
14)
Faux Finishing
Coatings
350
(2.9)
15)
Fire-Resistive
Coatings
350
(2.9)
JCAR350223-08
17301r01
16)
Fire-Retardant
Coatings
2356
A)
Clear
650
(5.4)
B)
Opaque
350
(2.9)
2357
17)
Floor
Coatings
250
(2.1)
18)
Flow Coatings
420
(3.5)
19)
Form-Release
Compounds
250
(2.1)
20)
Graphic Arts Coatings
(Sign Paints)
500
(4.2)
21)
High-Temperature Coatings
420
(3.5)
22)
Impacted Immersion Coating
780
(6.5)
23)
Industrial Maintenance
Coatings
340
(2.8)
24)
Low-Solids
Coatings
120
(1.0)
25)
Magnesite Cement
Coatings
450
(3.8)
26)
Mastic
Texture Coatings
300
(2.5)
27)
Metallic Pigmented Coatings
500
(4.2)
28)
Multi-Color Coatings
250
(2.1)
29)
Nuclear
Coating
450
(3.8)
30)
Pre-Treatment
Wash Primers
420
(3.5)
31)
Primers,
Sealers, and Undercoaters
200
(1.7)
32)
Quick-Dry Enamels
250
(2.1)
33)
Quick-Dry Primers,
Scalers and Undercoaters
200
(1.7)
34)
Recycled
Coatings
250
(2.1)
35)
Roof Coatings
250
(2.1)
JCAR350223-08
17301r01
36)
Rust
Preventive
Coatings
400
(3.3)
37)
Shellacs
2358
A)
Clear
730
(6.1)
B)
Opaque
550
(4.6)
2359
38)
Specialty
Primers,
Sealers,
and Undercoaters
350
(2.9)
39)
Stains
250
(2.1)
40)
Stone
Consolidants
450
(3.8)
41)
Swimming
Pool
Coatings
340
(2.8)
42)
Swimming
Pool Repair
and Maintenance
Coatings
340
(2.8)
43)
Temperature-Indicator
Safety Coatings
550
(4.6)
44)
Thermoplastic Rubber
Coatings
and Mastics
550
(4.6)
45)
Traffic
Marking
Coatings
150
(1.3)
46)
Waterproofing
Concrete/Masonry
Sealers
400
(3.3)
47)
Waterproofing
Sealers
250
(2.1)
48)
Wood Preservatives
350
(2.9)
2360
2361
BOARD
NOTE:
Conversion
factor:
one pound VOM
per gallon
(U.S.)
= 119.95
2362
grams
per liter.
2363
2364
b)
Limits are
expressed in grams
of VOM
per liter
of
coating
thinned to the
2365
manufacturer’s
maximum
recommendation,
excluding
the volume
of
any water,
2366
exempt
compounds, or colorant
added
to tint bases.
“Manufacturers maximum
2367
recommendation”
means
the maximum
recommendation
for thinning
that is
2368
indicated
on the label
or lid of the coating
container.
2369
2370
c)
Most
Restrictive
VOM Limit.
If anywhere on the
container of any
architectural
2371
coating, or
any label or sticker affixed
to the container,
or
in
any sales,
2372
advertising, or technical
literature
supplied
by a manufacturer
or anyone acting
on
JCAR350223-081
7301r01
2373
the
manufacturer’s
behalf, any representation
is made that
indicates that the
2374
coating
meets the definition
of or is recommended
for use
for more than
one
of
2375
the coating categories
listed in subsection
(a), then the
most restrictive
VOM
2376
content
limit
shall
apply. This provision
does not
apply to the coating categories
2377
specified in
subsections (c)(1) through
(c)(21):
2378
2379
1)
Lacquer
coatings
(including lacquer sanding
sealers);
2380
2381
2)
Metallic
pigmented
coatings;
2382
2383
3)
Shellacs;
2384
2385
4)
Fire-retardant
coatings;
2386
2387
5)
Pretreatment
wash
primers;
2388
2389
6)
Industrial
maintenance
coatings;
2390
2391
7)
Low-solids
coatings;
2392
2393
8)
Wood preservatives;
2394
2395
9)
High-temperature
coatings;
2396
2397
10)
Temperature-indicator
safety coatings;
2398
2399
11)
Antenna
coatings;
2400
2401
12)
Antifouling
coatings;
2402
2403
13)
Flow coatings;
2404
2405
14)
Bituminous
roof primers;
2406
2407
15)
Specialty
primers, sealers,
and undercoaters;
2408
2409
16)
Conversion
varnish;
2410
2411
17)
Calcimine
recoaters;
2412
2413
18)
Impacted immersion
coatings;
2414
2415
19)
Nuclear coatings;
JCAR350223-0817301r01
2416
2417
20)
Thermoplastic rubber
coating and mastics;
2418
2419
21)
Concrete surface retarder.
2420
2421
d)
Painting Practices. All architectural
coating containers
used to
apply their
2422
contents to a surface directly
from the container by pouring, siphoning, brushing,
2423
rolling, padding, ragging, or other
means shall be closed when not in use. These
2424
architectural coatings
containers include, but are not limited
to, drums, buckets,
2425
cans, pails, trays, or other application
containers. Containers of any VOM
2426
containing
materials used for thinning and cleanup shall
also be closed when not
2427
in use.
2428
2429
e)
Thinning. No person who applies
or solicits the application of any architectural
2430
coating shall apply a
coating that is thinned to exceed the applicable
VOM limit
2431
specified in subsection (a).
2432
2433
f)
Rust Preventive Coatings.
No person shall apply or solicit the application
of any
2434
rust
preventive
coating for industrial use unless the rust
preventive coating
2435
complies with the industrial
maintenance coating VOM limit specified in
2436
subsection (a). If the coating
is also regulated under another Part, the more
2437
restrictive limit shall apply.
2438
2439
g)
Coatings
Not Listed
in Subsection (a). For any coating that does
not meet any
of
2440
the definitions for the
specialty coatings categories listed in subsection (a),
the
2441
VOM content limit shall be determined
by classifying the coating as a flat
2442
coating, a non-flat
coating, or a non-flat high-gloss coating, based
on its gloss, as
2443
defined in Section 223.3
07,
and the
corresponding flat or non-flat coating limit
2444
shall apply.
2445
2446
Section
223.320 Container Labeling
Requirements
2447
2448
Each
manufacturer of any architectural coatings
subject to this Subpart shall display the
2449
information listed
in subsections
(a) through
(j)
on the coating container
in which the coating is
2450
sold or
distributed (or on its label).
2451
2452
a)
Date-code. The date the
coating was manufactured, or a date-code representing
2453
the date, shall be indicated
on
the label,
lid or bottom of the container. If the
2454
manufacturer uses a date-code for any coating, the
manufacturer shall file an
2455
explanation
of
each code
with the Agency upon request.
2456
2457
b)
Thinning Recommendations. A statement
of the manufacturer’s recommendation
2458
regarding
thinning of the coating shall be indicated
on the label or lid of the
JCAR350223-08
17301r01
2459
container.
This requirement
does not
apply to the thinning
of
architectural
2460
coatings
with water. If
thinning
of the
coating
prior
to use is not necessary,
the
2461
recommendation
must
specify
that
the coating is to be
applied
without
thinning.
2462
2463
c)
VOM or VOC Content.
Each container
of any
coating subject
to this Subpart
2464
shall display either
the
maximum
or the actual
VOM content of
the coating,
as
2465
supplied, or
the actual VOM
content including
the
maximum
thinning as
2466
recommended
by the manufacturer.
VOM
content shall be
displayed in grams
of
2467
VOM per
liter of coating.
VOM content
displayed shall be
calculated
using
2468
product formulation
data,
or shall be determined
using
the test methods in
Section
2469
223.340(b).
The equations
in Section 223.340(a)
shall be used
to calculate
VOM
2470
content. In
each of the above
cases, the term
“VOC
content”
shall have the
same
2471
meaning as
“VOM content”.
2472
2473
d)
Industrial Maintenance
Coatings. In addition
to the information
specified
in
2474
subsections (a),
(b), and (c),
each
manufacturer
of any industrial
maintenance
2475
coating subject
to this Subpart
shall display
on the label or
the lid of the
container
2476
in
which the coating
is sold
or distributed
one or more
of the following
2477
descriptions:
2478
2479
1)
“For
industrial use
only”;
2480
2481
2)
“For professional
use only”;
2482
2483
3)
“Not for
residential use”
or “Not intended
for residential
use”.
2484
2485
e)
Clear Brushing
Lacquers.
The
labels of all
clear brushing lacquers
shall
2486
prominently display
the statements
“For brush
application
only” and “This
2487
product must not
be thinned
or sprayed”.
2488
2489
f)
Rust
Preventive
Coatings. The
labels of all rust preventive
coatings
shall
2490
prominently display
the
statement
“For
Metal
Substrates Only”.
2491
2492
g)
Specialty Primers, Sealers,
and Undercoaters.
The labels of all specialty
primers,
2493
sealers,
and undercoaters
shall prominently
display
one
or more
of the following
2494
descriptions:
2495
2496
1)
“For blocking
stains”;
2497
2498
2)
“For
fire-damaged
substrates”;
2499
2500
3)
“For
smoke-damaged
substrates”;
2501
JCAR350223-08
1 7301r01
2502
4)
“For
water-damaged
substrates”;
2503
2504
5)
“For
excessively
chalky substrates”.
2505
2506
h)
Quick-Dry
Enamels.
The labels of all
quick
dry enamels
shall prominently
2507
display the words “Quick
Dry” and
the dry hard time.
2508
2509
i)
Non-Flat High-Gloss
Coatings.
The labels
of
all non-flat high-gloss
coatings
2510
shall prominently
display
the
words “High Gloss.”
251
1
2512
j)
Stone Consolidants.
Effective
January 1, 2010,
the labels of all
stone
consolidants
2513
shall prominently
display the statement
“Stone
Consolidant — For Professional
2514
Use Only”.
2515
2516
Section 223.330 Reporting
Requirements
2517
2518
a)
Clear Brushing
Lacquers.
Within
90 days after written
request
by the Agency,
2519
each
manufacturer
of clear brushing
lacquers
shall report the following
2520
information for
products
sold
in Illinois:
2521
2522
1)
The
number of gallons
of clear brushing
lacquers sold in
the State
during
2523
the
preceding
calendar
year; and
2524
2525
2)
The method used
by the manufacturer
to calculate
State sales.
2526
2527
b)
Rust
Preventive
Coatings. Within
90
days
after written
request by the agency,
2528
each manufacturer
of
rust preventive
coatings shall report
the following
2529
information
for
products sold in Illinois:
2530
2531
1)
The number
of gallons of rust
preventive
coatings
sold in the State
during
2532
the preceding
calendar
year;
and
2533
2534
2)
The
method
used
by
the manufacturer
to calculate
State sales.
2535
2536
c)
Specialty
Primers,
Sealers,
and Undercoaters.
With 90
days after written
request
2537
by
the Agency, each
manufacturer of
specialty primers,
sealers, and
undercoaters
2538
shall report the following
information
for products sold
in Illinois:
2539
2540
1)
The number
of gallons of
specialty primers,
sealers, and undercoaters
sold
2541
in the State
during
the
preceding calendar
year;
and
2542
2543
2)
The
method used by
the manufacturer
to calculate State
sales.
2544
JCAR350223-08
17301r01
2545
d)
Toxic
Exempt
Compounds.
For each architectural
coating
that contains
2546
perchioroethylene
or
methylene chloride,
within
90
days
after written request
by
2547
the
Agency,
the manufacturer
shall
report the following
information
for products
2548
sold
in Illinois:
2549
2550
1)
The product
brand name
and a copy
of the product label
with legible usage
255
1
instructions;
2552
2553
2)
The
product
category
listed in Section
223.3 10(a) to
which the coating
2554
belongs;
2555
2556
3)
The total sales in
Illinois, during the
calendar year,
to the nearest gallon;
2557
and
2558
2559
4)
The
volume
percent,
to the nearest
0.10 percent, of
perchloroethylene
and
2560
methylene chloride in
the coating.
2561
2562
e)
Recycled
Coatings.
2563
2564
1)
Within 90 days
after written request
by
the
Agency,
manufacturers of
2565
recycled coatings
must
submit
a letter to the Agency
self-certifying
their
2566
status
as a Recycled
Paint
Manufacturer.
2567
2568
2)
Within
90 days after written
request
by
the Agency, each recycled
2569
coatings
manufacturer
shall report the following
information
for products
2570
sold
in Illinois:
2571
2572
A)
The number of gallons
of recycled
coatings sold in the
State during
2573
the preceding
calendar year; and
2574
2575
B)
The method
used
by the manufacturer
to calculate
State sales.
2576
2577
f)
Bituminous Coatings.
Within
90 days after written
request
by
the
Agency, each
2578
manufacturer of bituminous
roof
coatings or bituminous
roof primers
shall report
2579
the following information
for
products sold in Illinois:
2580
2581
1)
The number
of gallons
of bituminous roof
coatings or bituminous
roof
2582
primers
sold in the State during
the preceding
calendar year;
and
2583
2584
2)
The
method used
by the manufacturer
to
calculate State
sales.
2585
2586
Section
223.340
Compliance
Provisions and Test
Methods
2587
JCAR350223-0817301r01
2588
a)
Calculation
of VOM
Content.
For the purpose
of
determining
compliance
with
2589
the
VOM
content
limits in
Section
223.3
10(a), the
VOM
content
of a coating
2590
shall
be
determined
by using
the
procedures
described
in
subsection
(a)(1)
or
2591
(a)(2),
as appropriate.
The
VOM content
of
a tint base
shall
be determined
2592
without
colorant
that is added
after
the tint base
is
manufactured.
2593
2594
1)
With the
exception
of
low solids
coatings,
determine
the
VOM content
in
2595
grams
of VOM
per
liter of
coating
thinned to
the
manufacturer’s
maximum
2596
recommendation,
excluding
the volume
of
any
water and
exempt
2597
compounds.
Determine
the
VOM
content as
follows:
2598
(Ws-Ww-Wem)
2599
VOMcontents
=
(Vm
- Vw-
Vem)
2600
2601
Where:
2602
VOM
content
= grams
of VOM
per
liter of
coating
Ws
=
weight of volatiles,
in
grams
Ww
weight
of
water, in
grams
Wem
=
weight
of
exempt
materials,
in grams
Vm
=
volume
of coating,
in liters
Vw
volume
of water,
in liters
Vem
=
volume
of exempt
materials,
in liters
2603
2604
2)
For low
solids coatings,
determine
the
VOM
content
in units
of
grams
of
2605
VOM
per liter of
coating
thinned
to the
manufacturer’s
maximum
2606
recommendation,
including
the volume
of any
water
and exempt
2607
compounds.
Determine
the
VOM content
as follows:
2608
(Ws-Ww-Wem)
2609
VOMcontentls)
=
(Vm)
2610
Where:
2611
VOM
content
the
VOM
content
of a low
solids coating
in grams
per liter
of coating
Ws
= weight
of volatiles,
in grams
Ww
= weight
of water,
in grams
Wem
= weight
of
exempt
materials,
in
grams
Vm
= volume
of coating,
in liters
2612
2613
b)
VOM
Content
of Coatings.
To
determine
the physical
properties
of a coating
in
2614
order
to perform
the
calculations
in subsection
(a),
the
reference
method
for VOM
2615
content
is
USEPA
Method 24,
incorporated
by reference
in
Section
223.120,
JCAR350223-08
1
7301r01
2616
except
as provided in Sections
223.350
and 223.360. An alternative
method
to
2617
determine
the
VOM
content
of coatings is
SCAQMD
Method 304-91,
2618
incorporated
by reference
in Section
223.120. The
exempt compounds
content
2619
shall be
determined
by SCAQMD
Method 303-9 1, incorporated
by
reference in
2620
Section
223.120.
To determine the
VOM content
of a coating, the manufacturer
2621
may use USEPA
Method 24, or
an equivalent
alternative method as
provided
in
2622
Section 223.350,
formulation
data, or any other
reasonable means
for predicting
2623
that the coating
has been formulated
as intended
(e.g., quality
assurance checks,
2624
recordkeeping).
However, if
there
are any
inconsistencies between
the
results
of a
2625
Method 24
test and any
other means for determining
VOM
content, the Method
2626
24 results will
govern, except
when
an equivalent
alternative method
is
approved
2627
as specified
in Section 223.350.
The Agency
may
require
the manufacturer
to
2628
conduct
a
Method
24
analysis.
2629
2630
Section 223.350 Alternative
Test
Methods
2631
2632
Other test
methods demonstrated
to provide
results that
are
acceptable for purposes
of
2633
determining
compliance with
Section 223.340(b),
afler review
and approval
in writing by the
2634
Agency and USEPA,
may also
be used.
2635
2636
Section 223.360
Methacrylate Traffic
Coating
Markings
2637
2638
Analysis of methacrylate
multi-component
coatings
used as traffic marking
coatings
shall be
2639
conducted
according
to a modification
of USEPA Method
24, incorporated
by
reference
in
2640
Section 223.120,
or an equivalent method
approved
by the CARB.
This method has
not been
2641
approved
for methacrylate multi-component
coatings
used for purposes
other
than
as traffic
2642
marking
coatings
or for other classes
of multi-component
coatings.
2643
2644
Section
223.370 Test Methods
2645
2646
The
following
test methods are incorporated
by
reference in Section 223.120
and shall
be used
to
2647
test coatings
subject
to the provisions
of this Subpart:
2648
2649
a)
Flame
Spread Index.
The flame spread
index of a
fire-retardant coating
shall
be
2650
determined by ASTM
E84-07,
Standard
Test Method for
Surface Burning
2651
Characteristics
of Building Materials
(see Section
223.307, Fire-Retardant
2652
Coating), or an equivalent
method
approved
by
the
CARB.
2653
2654
b)
Fire-Resistance
Rating. The fire-resistance
rating
of a fire-resistive
coating
shall
2655
be determined
by
ASTM
El
19-98, Standard Test
Methods for Fire
Tests of
2656
Building Construction
Materials
(see Section
223.307,
Fire-Resistive
Coating),
or
2657
an
equivalent
method approved
by the CARE.
2658
JCAR350223-08
1 7301r01
2659
c)
Gloss Determination.
The
gloss of a coating
shall be determined
by ASTM
2660
D523-89,
Standard Test Method
for Specular
Gloss
(see
Section
223.307,
Flat
2661
Coating,
Non-Flat Coating,
Non-Flat
High-Gloss Coating,
and Quick-Dry
2662
Enamel),
or an
equivalent
method approved
by the CARB.
2663
2664
d)
Metal Content of Coatings.
The
metallic content
of a coating shall
be determined
2665
by SCAQMD Method
3
18-95,
Determination of Weight
Percent
Elemental Metal
2666
in Coatings
by X-Ray Diffraction,
SCAQMD
Laboratory Methods
of Analysis
for
2667
Enforcement Samples
(see Section
223.307,
Metallic Pigmented
Coating).
2668
2669
e)
Acid Content of
Coatings. The
acid content
of a coating shall be
determined
by
2670
ASTM D1613-03,
Standard Test
Method for
Acidity in Volatile Solvents
and
2671
Chemical Intermediates
Used
in Paint, Varnish,
Lacquer and Related
Products
2672
(see
Section 223.307,
Pre-Treatment
Wash Primer),
or an equivalent
method
2673
approved by the
CARB.
2674
2675
f)
Drying Times.
The set-to-touch,
dry-hard, dry-to-touch
and dry-to-recoat
times
2676
of a
coating
shall be determined
by ASTM D1640-03,
Standard Methods
for
2677
Drying, Curing,
or Film Formation
of Organic
Coatings at Room
Temperature
2678
(see Section
223.3 07, Quick-Dry
Enamel and
Quick-Dry
Primer,
Sealer, and
2679
Undercoater).
The tack free
time
of a quick-dry
enamel coating
shall
be
2680
determined
by the Mechanical
Test
Method
of ASTM D1640-03,
or an
equivalent
2681
method
approved
by
the CARB.
2682
2683
g)
Surface Chalkiness.
The chalkiness
of a surface shall
be
determined
using ASTM
2684
D4214-98,
Standard
Test Methods
for Evaluating
the Degree of Chalking
of
2685
Exterior Paint Films
(see
Section
223.307, Specialty
Primer, Sealer,
and
2686
Undercoater), or
an equivalent method
approved by
the CARB.
2687
2688
h)
Exempt
Compounds
— Siloxanes. Exempt
compounds
that are cyclic,
branched,
2689
or linear, completely
methylated
siloxanes shall be analyzed
as exempt
2690
compounds
for compliance
with Section
223.340
by
BAAQMD Method
43,
2691
Determination
of Volatile
Methylsiloxanes
in Solvent-Based
Coatings,
Inks, and
2692
Related
Materials, BAAQMD
Manual
of Procedures,
Volume III (see Section
2693
223.307, VOM Content,
and Section
223.340(b)).
2694
2695
i)
Exempt Compounds
— Parachlorobenzotrifluoride
(PCBTF).
The exempt
2696
compound
parachlorobenzotrifluoride
shall be analyzed
as an exempt
compound
2697
for compliance with
Section 223.340
by
BAAQMD
Method 41, Determination
of
2698
Volatile Organic
Compounds
in Solvent-Based Coatings
and Related
Materials
2699
Containing
Parachlorobenzotrifluoride,
BAAQMD
Manual
of Procedures,
2700
Volume III
(see Section 223.307,
VOM Content,
and Section 223.340(b)).
2701
JCAR350223-0817301r01
2702
j)
Exempt
Compounds.
The
content of
compounds
exempt
under
USEPA
Method
2703
24
shall
be analyzed
by SCAQMD
Method 303-9
1,
Determination
of
Exempt
2704
Compounds,
SCAQMD
Laboratory
Methods
of
Analysis for
Enforcement
2705
Samples
(see
Section 223.307,
VOM
Content,
and Section
223.340(b)).
2706
2707
k)
VOM
Content
of Coatings.
The
VOM content
of a coating
shall
be determined
2708
by
USEPA
Method 24
as it
exists
in Appendix
A of
40 CFR
60, Determination
of
2709
Volatile
Matter
Content,
Water
Content, Density,
Volume
Solids,
and Weight
2710
Solids
of
Surface Coatings
(see
Section
223.340(b)),
or an equivalent
method
2711
approved
by
the
CARB.
2712
2713
1)
Alternative
VOM
Content
of Coatings.
The VOM
content
of coatings
may
be
2714
analyzed
by either
USEPA Method
24 or
SCAQMD
Method
304-9
1,
2715
Determination
of Volatile
Organic
Compounds
(VOC)
in
Various
Materials,
2716
SCAQMD
Laboratory
Methods
of Analysis
for
Enforcement
Samples
(see
2717
Section
223.340(b)).
2718
2719
m)
Methacrylate
Traffic
Marking
Coatings.
The
VOM content
of methacrylate
2720
muticomponent
coatings
used
as traffic
marking coatings
shall
be analyzed
by the
2721
procedures
in 40
CFR 59,
subpart
D,
appendix
A,
Determination
of Volatile
2722
Matter
Content of
Methacrylate
Multicomponent
Coatings
Used
as Traffic
2723
Marking
Coatings
(see
Section
223.3 60),
or an equivalent
method
approved
by
2724
the CARB.