ILLINOIS

POLLUTION CONTROL BOARD

NOTICE

OF PROPOSED RULES

223.370

New

Statutory

Authority: Sections 27 and 28 of the Illinois Environmental Protection

Act.

[415 ILCS

5/27

and 28]

Complete Description

the

Subjects

and Issues Involved: These regulations are

proposed

in order

attain the new

USEPA ozone NAAQS by 2010 and to protect the

health of Illinois citizens. The regulations seek

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

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.

Published studies

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.

Will this proposed rule replace an emergency rule currently

in effect? No.

Does this rulemaking contain an automatic

repeal

date? No.

Does this

proposed

rule contain incorporations by reference? Yes.

10)

Are there any other proposed amendments pending on this Part?

No.

11)

Statement of Statewide Policy Objective: This

proposed rule does not create or enlarge

State mandate, as defined in Section

3(b)

of the

State Mandates Act. [30 ILCS 805/3(b)

(2002)].

ILLiNOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED RULES

12)

Time,

Place, and Manner in

which

interested

persons may comment

on this

proposed

rulemaking: The Board will

written public

comment on this

proposal for 45

days

after

the date of publication in

the

Illinois Register. Comments should reference Docket

R09-08

and be addressed to:

Clerk’s Office

Illinois Pollution Control Board

100 W.

Randolph

St., Suite 11-500

Chicago, IL 60601

Interested persons may request copies of

the

Board’s opinion

and

order

calling

the

Clerk’s office at 312-814-3620, or download from the Board’s Web site at

www.ipcb.state.il.us.

For more information contact Tim Fox at 312/814-6085 or email at

foxtipcb.state.il.us.

13)

Initial

Regulatory

Flexibility

Analysis:

Types of small businesses, small municipalities and not for profit corporations

affected:

This proposed

regulation will have a modest impact on small

businesses throughout the State.

Reporting, Bookkeeping or other procedures required for compliance: No new

forms of recordkeeping are projected

to be needed.

Although

new topic

for

some companies, most calculations will be familiar. Standard bookkeeping and

recordkeeping skills will suffice.

Many larger companies are already performing

the reporting, bookkeeping and compliance duties in other states.

Types

professional

skills necessary for compliance: Traditional accounting

skills and recordkeeping skills

will suffice. No new professional skills will be

necessary.

14)

Regulatory Agenda on which this

rulemaking

was summarized: July 2007

The full

text of the

Proposed Rule(s) begins

on the next

page:

ILLINOIS REGISTER

POLLUTION

CONTROL

BOARD

NOTICE OF

PROPOSED RULES

TITLE

35:

ENVIRONMENTAL

PROTECTION

SUBTITLE

B: AIR

POLLUTION

CHAPTER

I: POLLUTION

CONTROL BOARD

SUBCHAPTER

PART 223

STANDARDS

AND LIMITATIONS

FOR ORGANIC

MATERIAL EMISSIONS

FOR AREA

SOURCES

SUBPART

A: GENERAL

PROVISIONS

Section

223.100

Severability

223.105

Abbreviations and

Acronyms

223.120

Incorporations

Reference

SUBPART

B: CONSUMER

AND COMMERCIAL

PRODUCTS

Section

223

.200

Purpose

223.201

Applicability

223

.203

Definitions

for Subpart B

223

.205

Standards

223

.206

Diluted Products

223.207

Products registered

under FIFRA

223.208

Requirements for

Aerosol Adhesives

223.209

Requirements for

Floor Wax Strippers

223.210

Products Containing

Ozone-Depleting

Compounds

223.220

Requirements for

Charcoal Lighter

Material

223.230

Exemptions

223.240

Innovative Product

Exemption

223.245

Alternative

Control

Plans

223 .250

Product

Dating

223

.255

Additional

Product Dating

Requirements

223

.260

Most Restrictive Limit

223.265

Additional Labeling

Requirements for

Aerosol Adhesives,

Adhesive

Removers,

Electronic Cleaner,

Electrical Cleaner,

Energized Electrical

Cleaner,

and Contact

Adhesives

223.270

Reporting

Requirements

223.275

Special Recordkeeping

Requirements

for Consumer

Products that

Contain

Perchloroethylene

or Methylene

Chloride

ILLINOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED RULES

223 .280

Calculating

Illinois Sales

223 .285

Test Methods

SUBPART C:

ARCHITECTURAL

AND INDUSTRIAL MAINTENANCE COATINGS

Section

223.300

Purpose

223.305

Applicability

223.307

Definitions for Subpart C

223.310

Standards

223.320

Container Labeling Requirements

223.330

Reporting Requirements

223.340

Compliance Provisions and Test Methods

223.3 50

Alternative Test Methods

223.360

Methacrylate Traffic Coating

Markings

223.3 70

Test Methods

AUTHORITY: Implementing Section 10 [415 ILCS

5/10] and authorized by Sections 27 and 28

of the

Environmental

Protection Act [415 ILCS 5/27 and 28].

SOURCE: Adopted at 33 Ill . Reg.

, effective

SUBPART A: GENERAL PROVISIONS

Section

223.100

Severability

If any Section,

subsection,

or clause of this Part is found invalid, such finding shall not

affect

the validity of this Part as a whole or any Section,

subsection, or clause not found invalid.

Section 223.105

Abbreviations and Acronyms

Unless

otherwise specified within this Part, the abbreviations

used in this Part shall be the

same as

those found in 35 Ill. Adm. Code 211. The following

abbreviations and

acronyms are used in this Part:

ACP

Alternative Control Plan

Act

Environmental Protection Act [415

ILCS 5/1 et seq.]

Agency

Illinois

Environmental Protection Agency

ASTM

American Society for Testing

and Materials

BAAQMD

Bay

Area

Air

Quality Management District

ILLINOIS

POLLUTION

CONTROL BOARD

NOTICE

OF PROPOSED

RULES

CARB

°C

CFCs

°F

FDA

FIFRA

FRP

HVOM

HCFCs

HFCs

LVP-VOM

MVOM

OER

PCBTF

ROC

ROG

SCAQMD

USEPA

VOM

Section

223.120

California Air

Resources Board

Degrees

Celsius

Chiorofluorocarbons

Carbon Dioxide

Degrees Fahrenheit

United States

Food and Drng Administration

Federal

Insecticide, Fungicide,

and Rodenticide Act,

7 U.S.C.

§l36

through

l36y

Fiberglass

reinforced

plastic

High

Volatility Organic Material

Hydrochiorofluorocarbons

Hydrofluorocarbons

Low

Vapor

Pressure

— Volatile Organic Material

Medium

Volatility Organic

Material

Nitrogen

Nitrous Oxide

Original

Equipment Manufacturer

Parachlorobenzotrifluoride

Reactive Organic

Compound

Reactive

Organic

Gas

South Coast Air

Quality Management

District

United States Environmental

Protection Agency

Volatile

Organic

Material

Incorporations

Reference

The following

materials are

incorporated

reference.

These

incorporations do not

include any

later amendments

or editions.

40 CFR

59, Subpart D, Appendix

A, Detennination

of Volatile

Matter Content of

Methacrylate

Multicomponent

Coatings

Used as Traffic Marking

Coatings, 64

Fed. Reg. 35002 (June

30, 1999).

40 CFR 59,

Subpart C, National

Volatile Organic Compound

Emission Standards

for

Consumer Products,

69 Fed.

Reg. 18803 (April

4, 2004).

40 CFR

60, Appendix A, Method

24, Determination

Volatile Matter

Content,

Water

Content,

Density, Volume

Solids, and

Weight Solids of Surface

Coatings,

36 Fed.

Reg.

24877

(December

23, 1971).

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

40 CFR 82,

Subpart A, Appendix A, Class I controlled Substances, 68 Fed. Reg.

42892

(July 18, 2003) and Appendix B, Class II Controlled Substances, 68 Fed.

Reg.

2859

(January 21, 2003)

29 CFR

1910.1200(d)(4), Hazard Communication, 61 Fed. Reg. 9245 (March

1996).

ASTM International, 100 Barr Harbor Drive, P0 Box C700, West Conshohocken,

PA, 19428-2959.

ASTM El 19-05a, Standard Test Methods for

Fire

Tests of Building

Construction

and

Materials, approved

November 1, 2005.

ASTM Designation D523-89 (1999) Standard Test

Method

for

Specular

Gloss,

approved

May

10,

1999.

ASTM D1640-03, Standard Test Methods for Drying, Curing, or Film

Formation of Organic

Coatings at Room Temperature, approved

December 1, 2003.

ASTM Method D3912-95 (2001) Test Method for Chemical

Resistance of

Coating

Used

in Light-Water

Nuclear Power Plants, reapproved 2001.

ASTM Method D4082-02,

Test

Method for

Effects of Radiation on

Coatings Used in Light-Water Nuclear Power Plants, approved 2002.

ASTM Designation

D4214-98,

Standard Test Methods for Evaluating the

Degree of Chalking of Exterior

Paint Films, approved August 10, 1998.

ASTM D1613-03, Standard Test Method for Acidity in Volatile Solvents

and

Chemical Intermediates

Used in Paint, Varnish, Lacquer, and Related

Products, approved

October 1, 2003.

ASTM E84-07, Standard Test Method for Surface Burning

Characteristics

of Building Materials, approved 2007.

ASTM D4359-90 (2006) Standard

Test Method for Determining Whether

a Material is a Liquid or a Solid, reapproved 2006.

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

10)

ASTM E260-96 (2006) Standard Practice for Packed Column Gas

Chromatography, reapproved 2006.

11)

ASTM

E2167-01,

“Standard Guide for Selection and Use of Stone

Consolidants”

(see section

Stone Consolidant),

approved

2001.

12)

ASTM

C836-06,

Specification for High Solids Content, Cold Liquid-

Applied Elastomeric Waterproofing Membrane for Use with Separate

Wearing Course, approved 2006.

13)

ASTM D86-07b, Standard Test Method for Distillation of Petroleum

Products

Atmospheric Pressure, approved 2007.

South Coast Air Quality Management District, 21865 Copley Dr., Diamond

Bar

91765.

South Coast Air Quality Management District (SCAQMD) Method

304-

91, Determination of Volatile Organic Compounds

Various

Materials,

revised February 1996.

SCAQMD Method 303-91, Determination of Exempt Compounds, revised

February 1993.

SCAQMD Method 318-95, Determination of Weight Percent Elemental

Metal in Coatings by X-Ray Diffraction, approved July 1996.

Bay Area Air Quality Management, District Office, 939 Ellis Street, San

Francisco, CA 94109

Bay Area Air Quality Management District (BAAQMD) Method 43,

Determination

Volatile

Methylsiloxanes in Solvent-Based Coatings,

Inks, and Related Materials, proposed

amendment February

2004.

BAAQMD Method 41, Determination of Volatile Organic Compounds

Solvent-Based Coatings and Related Materials Containing

Parachlorobenzotrifluoride,

proposed amendment February 4, 2004.

California Air Resources Board (CARB) Method 310, Determination of Volatile

Organic Compounds in Consumer Products

and Reactive

Organic

Compounds in

Aerosol Coating

Products, amended May 5, 2005. California Air Resources

ILLINOIS

POLLUTION CONTROL

BOARD

NOTICE

OF PROPOSED RULES

Board, 1001 I

Street, P.O. Box

2815, Sacramento, CA 95812.

SCAQMD

Rule 1174, Ignition

Method Compliance Certification Protocol

(adopted

October

1990).

Cal.

Admin. Code title 17

94509(h), Standards for Consumer Products (2005).

California Code, Health and Safety Code,

41712(h)(2) (2005).

Cal.

Admin. Code title 17, Article 4, Alternate

Control Plan

94540-94555,

(1996).

Cal. Admin. Code title 17

94511, Innovative Products (1997).

Cal. Admin. Code

title 17

94503.5,

Innovative Products (1996).

USC 136 to l36y, FIFRA, Environmental Pesticide

Control, published January

19,

2004,

Supplement III of

the

2000

Edition of the United States Code.

Federal Specification MMM-A- 181 D, Adhesives, Phenol, Resorcinol, or

Melamine Base (1980).

SUBPART B: CONSUMER AND COMMERCIAL PRODUCTS

Section 223.200

Purpose

The

purpose of this Subpart is to limit emissions of volatile organic materials (VOMs)

requiring reductions in the

VOM content

of consumer and commercial products.

Section 223.201

Applicability

Except as provided in Section

223

.230,

below,

this Subpart shall apply to any person who sells,

supplies, offers for

sale, or manufactures consumer

products on or afier January 1, 2009, for use

in Illinois.

Section 223.203 Defmitions for Subpart B

The

definitions contained in this Section apply only to the provisions

of this Subpart. Unless

otherwise defined

herein, the definitions

of terms used in this Subpart shall have the meanings

specified

for those terms in 35 Ill. Adm. Code Part 211.

ILLiNOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED RULES

“Adhesive” means for

purposes of this Subpart, any product that is used to bond one

surface

to another

attachment.

This does not include products used on humans and

animals, adhesive tape, contact

paper, wallpaper, shelf liners, or any other product with

an adhesive incorporated onto

or in an inert substrate. For “Contact Adhesive,” adhesive

does

not include units of product,

less packaging, which consist of more than one gallon.

For “Construction, Panel, and Floor Covering Adhesive,”

and “General Purpose

Adhesive,” “Adhesive” does not include units of product, less packaging, which

weigh

more than one pound and

consist of more than 16 fluid ounces. This limitation does

not

apply to aerosol adhesives.

“Adhesive Remover” means a product designed

to remove adhesives from either a

specific substrate

or a variety of substrates. “Adhesive Remover” does not include

products that remove adhesives intended exclusively

for use on humans or animals.

For the

purpose of this definition and “Adhesive Remover” subcategories

below,

the term “Adhesive” shall mean a substance

used to bond

one or more

materials.

Adhesive includes, but is not limited

to caulks, sealants, glues, or similar

substances used for

the purpose of forming a bond.

“Floor and Wall Covering Adhesive Remover” means

product

designed or

labeled to remove floor or wall coverings

and associated adhesive from the

underlying

substrate.

“Gasket or Thread Locking

Adhesive Remover” means a product designed

labeled to remove gaskets or thread locking adhesives.

Products labeled for dual

use as a paint stripper and

gasket remover and/or thread locking adhesive remover

are considered “Gasket or Thread Locking

Adhesive Remover.”

“General Purpose Adhesive

Remover” means a product designed or labeled

remove cyanoacrylate adhesives

well

as non-reactive adhesives or residue

from

a variety of substrates. “General Purpose

Adhesive Remover” includes, but is

not

limited to the following: products that remove

thermoplastic adhesives, pressure

sensitive

adhesives, dextrine or starchbased adhesives, casein glues,

rubber or

latex-based adhesives,

and products that remove stickers, decals, stencils,

similar materials. “General Purpose

Adhesive Remover” does not include “Floor

or Wall Covering Adhesive Remover.”

“Specialty Adhesive Remover” means

product

designed to remove reactive

adhesives from a variety

substrates.

Reactive adhesives include adhesives

that

ILLINOIS

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

require a hardener or catalyst

in order

for the

bond

occur. Examples

of reactive

adhesives include,

but are

not limited

epoxies, urethanes,

and

silicones.

“Specialty Adhesive Remover”

does

not include “Gasket

Thread Locking

Adhesive Remover.”

“Aerosol adhesive” means an aerosol product in which the spray mechanism is

permanently housed in a nonreflulable can designed for hand-held application without the

need for ancillary hoses or spray equipment. This does not include “special purpose

spray

adhesives,” “mist spray

adhesives” and “web spray

adhesives.”

“Aerosol cooking spray” means any aerosol product designed either to reduce sticking on

cooking and baking surfaces or to be applied on food, or both.

“Aerosol Product” means a pressurized spray system that dispenses product ingredients

means of a propellant contained in

product or a product’s container, or

means

of a

mechanically

induced force.

“Aerosol Product” does not include “Pump Spray.”

“Agricultural use” means the use of any pesticide or method or device for the control

pests in

connection with the

commercial

production, storage, or processing of

any animal

or plant crop. This does not include the sale oruse of pesticides in properly labeled

packages or containers that are intended for home use, use in structural pest control,

industrial or institutional use. For the purposes of this definition only:

“Home use”

means

use in a household or its

immediate

environment;

“Structural pest control”

means a use

requiring

license

under the

Structural

Pest

Control Act, 225 ILCS 235;

“Industrial

use” means use for or in a manufacturing, mining, or chemical process

use

in the operation of factories, processing plants,

and similar

sites; or

“Institutional use” means use within the lines of’, or on property necessary for the

operation of, buildings such as hospitals, schools, libraries, auditoriums, and

office complexes.

“Air Freshener” means any consumer product including, but not limited

to,

sprays, wicks,

powders, and

crystals,

designed for the purpose of masking odors, or freshening,

cleaning, scenting, or deodorizing the air. “Air Freshener”

does

not include products

that

are used on

the human

body, products that function primarily as cleaning products as

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF

PROPOSED RULES

indicated

on a product label,

“Toilet/Urinal

Care Products,” disinfectant products

claiming

deodorize

killing germs on surfaces,

or institutional and industrial

disinfectants when offered for sale solely through

institutional and industrial channels of

distribution.

“Air Freshener” does include spray disinfectants

and other products that are expressly

represented for use as air fresheners, except institutional and industrial disinfectants

when

offered for sale through institutional and industrial channels of distribution. To

determine whether

a product

is an air freshener,

all verbal and visual representations

regarding product use on the label or packaging and in the product’s literature

and

advertising may be considered. The presence of, and representations about, a product’s

fragrance and ability to deodorize (resulting from surface application) shall

not constitute

a claim of air

freshening.

“All Other Carbon-Containing Compounds” means all other

compounds which contain at

least one carbon atom and

are not listed under

Section 223.205(a) or are a “LVP-VOM.”

“All Other Forms” means all consumer product forms for which no

form-specific VOM

standard is specified. Unless specified otherwise

by the applicable VOM standard, “All

Other Forms” include, but are not

limited

to, solids, liquids, wicks, powders, crystals, and

cloth or paper wipes (towelettes).

“Alternative

Control

Plan or ACP” means

any emissions averaging program approved

the Agency pursuant to the provisions of this regulation.

“Antimicrobial Hand or Body Cleaner or Soap” means a cleaner or soap which is

designed to reduce the level of microorganisms

on the skin through germicidal activity.

This includes, but is not limited to, antimicrobial hand or body washes/cleaners,

foodhandler

hand washes,

healthcare

personnel hand washes, pre-operative skin

preparations and surgical scrubs. “Antimicrobial

Hand or Body Cleaner or Soap” does

not include prescription drug products, antiperspirants, “Astringent/Toner,”

deodorant,

“Facial Cleaner or Soap,” “General-use Hand or Body Cleaner

or Soap,” “Hand

Dishwashing Detergent” (including antimicrobial), “Heavy-duty Hand Cleaner

or Soap,”

“Medicated Astringent/Medicated

Toner,” and “Rubbing Alcohol.”

“Antiperspirant” means any product including,

but not limited to, aerosols, roll-ons,

sticks, pumps, pads, creams, and squeeze-bottles, that is intended

the manufacturer

used to reduce perspiration in the human axilla

by at least 20 percent in at least 50

percent of a target population.

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

“Anti-Static Product” means a product that is labeled to eliminate, prevent, or inhibit the

accumulation of static electricity. “Anti-Static Product” does not include “Electronic

Cleaner,” “Floor Polish or Wax,” “Floor Coating,” and products that meet the definition

of “Aerosol Coating Product” or “Architectural Coating.”

“Appurtenance” means any accessory to a stationary structure coated at the site of

installation, whether installed or detached, including but no limited to, bathroom and

kitchen fixtures,

cabinets, concrete forms, doors,

elevators, fences, hand railings, heating

equipment, air conditioning equipment, and other fixed mechanical equipment or

stationary tools, lampposts, partitions pipes and piping systems, rain gutters and

downspouts,

stairways, fixed ladders, catwalks

and fire escapes, and

window screens.

“Architectural Coating” means for purposes of this

Subpart, a coating to be

applied

stationary structures or the appurtenances at the site of installation, to portable buildings

at the site of installation, to pavements, or to curbs. Coatings applied in shop applications

or to

non-stationary structures such as airplanes, ships,

boats, railcars, and automobiles,

and adhesives are not considered “Architectural Coatings” for the purposes of this rule.

“Astringent/Toner” means any product not regulated as

drug

the United States

Food

and Drug

Administration

(FDA) which is applied to the skin for the purpose of cleaning

or tightening pores. This category also includes clarifiers and substrate-impregnated

products. This category does not include any hand, face, or body cleaner or soap product,

“Medicated

Astringent/Medicated Toner,” cold cream, lotion,

or antiperspirant.

“Automotive Brake Cleaner” means a cleaning product

designed to

remove oil, grease,

brake fluid, brake pad material or dirt from motor vehicle brake mechanisms.

“Automotive Hard Paste Wax” means an automotive wax or polish which is designed

protect and

improve the

appearance of automotive paint surfaces, and is a solid at room

temperature, and contains

water

formulation.

“Automotive Instant Detailer” means a product designed for

use

pump spray that

applied to the painted surface of automobiles and wiped off prior to the product being

allowed to dry.

“Automotive Rubbing or Polishing Compound” means

a product designed primarily to

remove oxidation, old paint, scratches or swirl marks, and other defects from the painted

surfaces of

motor vehicles without leaving

protective

barrier.

“Automotive Wax, Polish, Sealant, or Glaze” means

a product designed to seal out

ILLINOIS

POLLUTION CONTROL BOARD

NOTICE

PROPOSED

RULES

moisture, increase gloss, or otherwise enhance a motor vehicle’s painted surfaces.

This

includes, but is not limited to, products designed for

use

in autobody repair shops

and

drive-through car washes, as well as products designed for the general public. The

term

does not include “Automotive Rubbing or Polishing Compounds,” automotive wash

and

wax products, surfactant-containing car wash products, and products designed for

use on

unpainted surfaces such as bare metal, chrome, glass, or plastic.

“Automotive Windshield Washer

Fluid” means any liquid designed for use in a motor

vehicle windshield washer system either

an antifreeze or for the purpose of cleaning,

washing, or wetting the windshield. This does not include fluids placed by the

manufacturer in a new vehicle.

“Bathroom and Tile Cleaner” means a product designed

clean tile or

surfaces

bathrooms.

The term

does

not include

products designed primarily to clean toilet bowls,

toilet tanks or urinals.

“Bug and

Tar Remover” means

product

labeled to remove either or both of the

following from painted motor vehicle surfaces without causing damage to the finish:

biological-type residues such as insect carcasses, tree

sap

and road grime, such as road

tar, roadway paint markings, and asphalt.

“Carburetor or Fuel-Injection Air Intake Cleaners” means a product designed to remove

fuel deposits, dirt, or other contaminants from

carburetor, choke,

throttle body of a fuel-

injection system, or

associated linkages,

excluding products designed exclusively to be

introduced directly into the fuel lines or fuel storage tank prior to introduction into

the

carburetor or fuel injectors.

“Carpet and Upholstery

Cleaner”

means a cleaning product designed for the purpose of

eliminating dirt and stains on rugs, carpeting,

and the interior of motor vehicles and/or on

household furniture or objects upholstered or covered with fabrics such

wool,

cotton,

nylon or other synthetic fabrics. This includes, but is not limited to, products that

make

fabric protectant claims. The term does not include “General Purpose Cleaners,”

“Spot

Removers,”

vinyl or leather cleaners,

dry cleaning fluids, or products designed

exclusively for use at industrial facilities

engaged in furniture or carpet manufacturing.

“Charcoal Lighter Material” means any combustible material designed

to be

applied

on,

incorporated

in,

added to,

used with charcoal to enhance ignition. The term does not

include any of the following: electrical starters

and probes, metallic cylinders using paper

tinder,

natural

gas, propane, and fat wood.

ILLINOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED RULES

“Colorant”

means for purposes of this Subpart, any pigment or coloring

material used in

a consumer product

for an aesthetic effect, or to dramatize an ingredient.

“Construction,

Panel, and Floor Covering Adhesive” means any one-component

adhesive

that is designed exclusively

for the installation, remodeling, maintenance, or repair

structural and building

components that include, but are not limited to, beams, trusses,

studs, paneling (including,

but

not limited

to, drywall or drywall laminates, fiberglass

reinforced plastic (FRP), plywood, particle board, insulation

board, pre-decorated

hardboard

or tileboard), ceiling and acoustical tile, molding, fixtures,

countertops or

countertop laminates, cove

wall

bases, flooring or subflooring; or floor or wall

coverings that include, but are not limited to, wood or simulated

wood covering, carpet,

carpet pad or cushion,

vinyl-backed carpet, flexible flooring material, nonresilient

flooring material, mirror tiles and other types of tiles, and artificial

grass. The term does

not include “Floor Seam Sealer.”

“Consumer” means any person who purchases or acquires any

consumer product for

personal, family, household, or institutional

use. Persons acquiring a consumer product

for resale are not

“consumers” for that product.

“Consumer Product” means a chemically formulated product

used by household and

institutional consumers including,

but not

limited

to detergents, cleaning compounds,

polishes, floor finishes, cosmetics, personal care products; home, lawn, and garden

products, disinfectants, sanitizers, aerosol paints, and

automotive specialty products.

“Consumer Product”

does

not include

other paint products, furniture coatings, or

architectural coatings. As used in this rule, “Consumer Products”

shall also refer to

“Aerosol Adhesives,” including

“Aerosol Adhesives” used for consumer, industrial

commercial uses.

“Contact Adhesive” means an adhesive that is

designed for application to both surfaces

be bonded together, and is allowed to dry before the two surfaces

are placed in contact

with each other, and forms an immediate bond that is impossible,

difficult,

reposition after

both adhesive-coated surfaces are placed in contact with

each other, and

does

not need sustained pressure

or clamping of surfaces after the adhesive-coated

surfaces have been brought together

using sufficient momentary pressure to establish

full

contact between both surfaces. The term does

not

include

rubber cements that are

primarily intended for use on paper substrates. “Contact

Adhesive” also does not include

vulcanizing fluids that

are

designed

and labeled for tire repair only.

“Contact Adhesive - General

Purpose” means any contact adhesive

that is not a “Contact

Adhesive - Special Purpose.

ILLINOIS

POLLUTION CONTROL

BOARD

NOTICE OF PROPOSED RULES

“Contact

Adhesive - Special Purpose”

means a contact adhesive that is used to bond

melamine-covered board, unprimed

metal, unsupported vinyl, Teflon, ultra-high

molecular weight polyethylene, rubber,

high pressure laminate or wood veneer 1/16 inch

or less in thickness to any porous or nonporous

surface, and is sold in units of product,

less packaging, that contain more than eight

fluid ounces, or is used in automotive

applications that are either automotive under the-

hood applications requiring heat, oil or

gasoline resistance, or body-side molding, automotive

weatherstrip or decorative trim.

“Container/Packaging” means the part or

parts of the consumer or institutional product

which serve only to contain, enclose, incorporate, deliver,

dispense, wrap or store the

chemically formulated substance or mixture of substances which is solely responsible

for

accomplishing the purposes for which the product was

designed or intended. This

includes any

article onto

into

which the principal display panel and other

accompanying literature or graphics are incorporated, etched, printed

attached.

“Crawling

Bug Insecticide”

means any insecticide product that is designed for use against

ants, cockroaches, or other household crawling arthropods, including, but

not

limited

to,

mites, silverfish or spiders, excluding products designed

to be used exclusively on

humans or animals, or any house

dust mite product. For the purposes of this definition

only:

“House dust mite product” means

product

whose label, packaging, or

accompanying literature

states that the product is suitable for use against house

dust mites, but does not indicate that the product is suitable

for use against ants,

cockroaches, or other household

crawling arthropods.

“House dust mite” means mites

which feed primarily on skin cells shed in the

home by humans and pets and which belong

to the

phylum

Arthropoda, the

subphylum

Chelicerata, the class Arachnida, the subclass Acari, the order

Astigmata, and the family

Pyroglyphidae.

“Date-Code” means the day, month and year on

which the consumer product was

manufactured, filled, or packaged, or a code indicating

such a date.

“Deodorant” means:

For products manufactured before January 1, 2009:

any product including, but not

limited to, aerosols, roll-ons,

sticks, pumps, pads, creams, and squeeze-bottles,

that is intended by the manufacturer to

be used to

minimize

odor in the human

axilla

retarding the growth

of bacteria which cause the decomposition of

ILLINOIS

POLLUTION

CONTROL

BOARD

NOTICE

OF PROPOSED RULES

perspiration.

For

products manufactured

on or after January 1, 2009: any product including,

but

not limited to, aerosol, roll-ons,

sticks, pumps, pads, creams, and squeeze-bottles,

that indicates or depicts on the

container or packaging, or on any sticker or label

affixed thereto, that the product

can be used on or applied to the human axilla to

provide a scent and/or minimize odor. A “Deodorant

Body

Spray”

product that

indicates or depicts on the container or packaging, or on any sticker or label

affixed thereto, that it can

be used on or applied to the human axilla, is a

“Deodorant”

“Deodorant Body Spray” means

For products manufactured before January 1, 2009,

“Personal

Fragrance

Product” with 20 percent or less

fragrance.

For products manufactured on or after January 1, 2009,

“Personal

Fragrance

Product” with 20 percent or less fragrance,

that is designed for application all over

the

human

body to

provide

a scent. A “Deodorant Body Spray” product that

indicates or depicts on the container or packaging, or on any sticker or label

affixed thereto, that it can be used on or applied

the human

axilla, is a

“Deodorant”

“Device” means any instrument or contrivance (other than

a firearm) which is designed

for trapping,

destroying,

repelling, or mitigating any pest or any other form of plant

animal life (other than man and other than bacterium, virus, or another

microorganism on

or in living

man or other

living animals) but not including equipment used for the

application of pesticides when sold separately therefrom.

“Disinfectant”

means

any product intended to destroy or irreversibly inactivate infectious

or other

undesirable bacteria,

pathogenic fungi, or viruses on surfaces or inanimate

objects and whose label is registered

under the Federal Insecticide, Fungicide, and

Rodenticide Act (FIFRA,

U.S.C. 136,

et seq.).

“Disinfectant”

does not include any of

the following products designed solely for use on human

animals,

products designed

for

agricultural

use, products designed solely for use in swimming pools,

therapeutic

tubs, or

hot tubs, products

which, as

indicated

on the principal display panel or label,

are

designed primarily for use as bathroom

and

tile cleaners,

glass cleaners, general purpose

cleaners,

toilet bowl

cleaners, or metal polishes.

“Double

Phase Aerosol Air

Freshener” means an aerosol air freshener with

the

liquid

ILLINOIS

POLLUTION CONTROL BOARD

NOTICE

OF PROPOSED

RULES

contents in two or more distinct phases that require

the

product container

shaken

before use to mix the phases, producing an emulsion.

“Dry Cleaning Fluid” means any non-aqueous liquid product designed and labeled

exclusively for use on fabrics which are labeled “for dry clean only,” such as clothing

drapery, or “S-coded” fabrics. This includes, but is not limited to, those products used

commercial dry cleaners and commercial businesses that clean fabrics such as draperies

at the

customer’s residence

or work place. The term does not include “Spot Remover” or

“Carpet and Upholstery Cleaner.” For the purposes of this definition, “S-coded fabric”

means an upholstery fabric designed to be cleaned only with water-free spot cleaning

products

specified

by the

Joint

Industry Fabric Standards Committee.

“Dusting Aid” means

product designed

assist in removing

dust

and other soils

from

floors and other surfaces without leaving a wax or silicone based coating. The term does

not include “Pressurized Gas Duster”.

“Electrical Cleaner” means a product labeled to remove heavy soils such as grease,

grime, or oil from electrical equipment, including, but not limited to, electric motors,

armatures, relays, electric panels, or generators. The term

does

not include “General

Purpose

Cleaner,” “General Purpose Degreaser,”

“Dusting Aid,” “Electronic Cleaner,”

“Energized Electrical Cleaner,” “Pressurized Gas Duster,” “Engine Degreaser,” “Anti-

Static Product,” or products designed to clean the casings or housings of electrical

equipment.

“Electronic Cleaner” means a product labeled for the removal of dirt, moisture,

dust, flux

or oxides from the internal components of electronic or precision equipment such as

circuit boards, and the internal components of electronic devices, including but not

limited to, radios, compact disc (CD) players, digital video disc (DVD) players, and

computers. “Electronic Cleaner”

does not include “General Purpose Cleaner,” “General

Purpose Degreaser,” “Dusting Aid,” “Pressurized

Gas

Duster,” “Engine Degreaser,”

“Electrical Cleaner,” “Energized Electrical Cleaner,” “Anti-Static Product,” or products

designed to clean the casings or housings of electronic equipment.

“Energized Electrical Cleaner” means

a product that meets both of the following criteria:

The product is labeled to clean and/or degrease electrical equipment, where

cleaning and/or degreasing is accomplished when electrical current exists, or

when there is

residual electrical potential

from a component, such as a capacitor;

The product label clearly displays the statements: “Energized Equipment

use

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE

PROPOSED RULES

only.

Not

to be

used for motorized vehicle maintenance,

or their parts.”

This

does not

include “Electronic Cleaner.”

“Engine Degreaser” means a cleaning product designed to remove

grease,

grime,

oil and

other contaminants from the external surfaces of engines and other mechanical parts.

“Existing Product” means any formulation of the same product category and form sold,

supplied,

manufactured, or offered for sale in Illinois prior

to January 1, 2009,

any

subsequently introduced identical formulation.

“Fabric Protectant” means a product designed to be applied to fabric substrates to

protect

the surface

from soiling

from dirt and

other

impurities or to reduce absorption of liquid

into the fabric’s fibers. The term does not include waterproofers, products designed for

use

solely on leather, or products designed for use solely on fabrics which are labeled

“for dry clean only” and sold in

containers

of 10 fluid ounces or less.

“Fabric Refresher” means a product labeled to neutralize or eliminate odors on non-

laundered

fabric including,

but

not limited

to, soft

household surfaces,

rugs, carpeting,

draperies, bedding, automotive interiors, footwear, athletic equipment, clothing and/or on

household furniture or objects upholstered or covered with fabrics such as, but not limited

to,

wool, cotton, or nylon. “Fabric Refresher” does not include “Anti-static

Product,”

“Carpet and Upholstery Cleaner,” “Soft Household Surface Sanitizers,” “Footwear or

Leather Care Product,” “Spot Remover,” or “Disinfectant,” or products labeled for

application

both fabric

and

human skin.

For

the

purposes of

this definition

only, “Soft Household Surface Sanitizer”

means a product labeled to neutralize or eliminate odors on surfaces listed

above

whose label is registered as a sanitizer under the Federal Insecticide, Fungicide,

and

Rodenticide

Act,

(FIFRA,

7 U.S.C. 136 et seq.).

“Facial Cleaner or Soap” means a cleaner or soap designed primarily

to clean the face

including, but not limited to facial cleansing creams, semisolids, liquids, lotions, and

substrate-impregnated forms. The term does not include prescription drug products,

“Antimicrobial

Hand or Body Cleaner or Soap,” “Astringent/Toner,” “General-use Hand

or Body

Cleaner or

Soap,”

“Medicated Astringent/Medicated

Toner,” or “Rubbing

Alcohol.”

“Fat Wood” means pieces of wood kindling with high naturally-occurring

levels

sap or

resin which enhance ignition of

the

kindling,

excluding any kindling with substances

ILLINOIS

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

added to

enhance flammability,

such as wax-covered or wax-impregnated wood-based

products.

“Faux

Finishing Coating” means

coating

labeled and formulated as a stain or a glaze to

create artistic

effects including,

but not

limited

to, dirt, old age, smoke damage, and

simulated marble and wood grain.

“Flea and Tick Insecticide” means any insecticide product that is designed for use against

fleas, ticks, their larvae, or their eggs. The term does not include products that are

designed

be used exclusively on humans

or animals and their bedding.

“Flexible Flooring Material” means asphalt, cork,

linoleum, no-wax, rubber, seamless

vinyl and vinyl composite flooring.

“Floor Coating”

means an

opaque

coating

that is labeled and formulated for application

to flooring, including, but not limited to, decks, porches, steps, and other horizontal

surfaces, which may be subjected to foot traffic.

“Floor Polish or Wax” means a wax, polish, or any other product designed to polish,

protect, or enhance floor surfaces by leaving a protective coating that is designed to

periodically replenished. The term does not include “Spray Buff Products,” products

designed

solely for the purpose of cleaning

floors, floor finish strippers, products

designed for unfinished wood floors, and coatings subject to architectural coatings

regulations.

“Floor Seam Sealer” means any product designed

and

labeled exclusively

for

bonding,

fusing, or sealing (coating) seams between adjoining rolls of installed flexible sheet

flooring.

“Floor Wax Stripper” means a product designed to remove natural or synthetic floor

polishes or waxes

through breakdown

of the polish or wax polymers, or by dissolving or

emulsifying

the

polish or wax. This

does not include aerosol floor wax strippers or

products designed to remove floor wax solely through

abrasion.

“Flying Bug Insecticide” means any insecticide product that is designed for

use

against

flying insects or

other

flying

arthropods,

including but not limited to flies, mosquitoes,

moths, or gnats. The term does not include

“Wasp and Hornet Insecticide,” products that

are designed to be used exclusively on humans or animals, or

any

moth-proofing product.

For the purposes of this definition only, “Moth-Proofing Product” means a

ILLINOIS

POLLUTION

CONTROL BOARD

NOTICE

PROPOSED

RULES

product whose label, packaging, or

accompanying literature indicates that the

product is designed to protect fabrics

from damage by moths, but does not

indicate that the product is suitable

for use against flying insects or other flying

arthropods.

“Footwear or Leather Care Product” means any product designed or labeled

to be applied

to footwear or to other leather articles/components, to maintain, enhance, clean, protect,

modify

the appearance,

durability, fit, or flexibility of the footwear or leather

article/component. Footwear includes

both leather and non-leather foot apparel.

“Footwear or Leather Care Product” does not include “Fabric Protectant,” “General

Purpose Adhesive,” “Contact

Adhesive,” “Vinyl/Fabric/Leather/Polycarbonate Coating,”

“Rubber and Vinyl Protectant,” “Fabric Refresher,” products solely for deodorizing,

sealant products with adhesive

properties used to create external protective layers greater

than two

millimeters

thick.

“Fragrance” means

a substance or complex mixture of aroma chemicals, natural essential

oils, and other functional components with a combined vapor pressure not in excess

two mm of Hg at 20°C, the sole purpose of which is

to impart an

odor

or scent, or to

counteract a malodor.

“Furniture Maintenance Product” means a wax, polish, conditioner, or any other product

designed for the purpose of polishing, protecting

or enhancing finished wood surfaces

other

than floors. The

term does not include “Dusting Aids,” “Wood Cleaners” and

products designed solely for the purpose of cleaning, and products designed

leave

permanent finish such

stains,

sanding sealers and lacquers.

“Furniture Coating” means any

paint designed for application to room furnishings

including, but not limited to, cabinets (kitchen, bath

and

vanity), tables,

chairs, beds, and

sofas.

“Gel” means a colloid in which the disperse

phase has combined with the continuous

phase to produce a semisolid material, such

jelly.

“General Purpose Adhesive” means any non-aerosol adhesive designed for

use

variety of

substrates.

The term does not include contact adhesives, construction,

panel,

and

floor covering adhesives, adhesives

designed exclusively for application on one

specific category of substrates (i.e., substrates that

are composed of similar materials,

such as

different

types of metals, paper products, ceramics, plastics, rubbers, or vinyls),

adhesives designed exclusively for use

one

specific category of articles (i.e., articles

that

may be composed of different

materials but perform a specific function, such

ILLLNOIS REGISTER

POLLUTION

CONTROL

BOARD

NOTICE OF PROPOSED RULES

gaskets,

automotive trim, weather-stripping, or carpets).

“General Purpose Cleaner” means a product designed for general all-purpose cleaning, in

contrast

to cleaning

products

designed to clean specific substrates in certain situations.

This includes products

designed for general floor cleaning, kitchen or countertop

cleaning, and cleaners designed

to be used on a variety of hard surfaces, and does not

include “General Purpose Degreasers”

and

“Electronic

cleaners.”

“General Purpose Degreaser” means any product labeled to remove or dissolve grease,

grime, oil and other oil-based

contaminants from a variety of substrates, including

automotive or miscellaneous metallic parts. This does not include “Engine Degreaser,”

“General Purpose Cleaner,” “Adhesive

Remover,” “Electronic Cleaner,” “Electrical

Cleaner,” “Energized Electrical Cleaner,” “Metal Polish/Cleanser,” products used

exclusively in “Solvent Cleaning Tanks or Related Equipment,”

or products that are sold

exclusively

establishments

which manufacture or construct goods or commodities, and

labeled “not for retail sale.”

“Solvent cleaning tanks or related

equipment” includes, but is not limited to, cold

cleaners, vapor degreasers, conveyorized degreasers, film cleaning machines,

products designed to clean miscellaneous metallic

parts by

immersion in

container.

“General-use Hand or Body Cleaner or Soap” means a cleaner or soap designed

to be

used routinely on the skin to clean

remove typical

or common dirt and soils, including,

but not limited to, hand or body washes, dual-purpose shampoo-body cleaners, shower

bath gels, and moisturizing cleaners or

soaps.

The

term does not include prescription

drug products,

“Antimicrobial

Hand or Body Cleaner or Soap,” “Astringent/Toner,”

“Facial Cleaner or Soap,” “Hand Dishwashing

Detergent” (including antimicrobial),

“Heavy-duty Hand Cleaner or Soap,” “Medicated Astringent/Medicated

Toner,” or

“Rubbing Alcohol.”

“Glass Cleaner” means a cleaning

product designed primarily for cleaning surfaces made

of glass. The term does not include

products designed solely for the purpose of cleaning

optical materials used in eyeglasses, photographic equipment,

scientific equipment and

photocopying machines.

“Graffiti Remover” means a product

labeled to

remove

spray paint, ink, marker, crayon,

lipstick, nail

polish,

or shoe polish, from a variety of non-cloth or nonfabric

substrates.

The term does not include “Paint Remover

or Stripper,” “Nail Polish Remover,” or

“Spot

Remover.” Products labeled

for dual use as both a paint stripper and graffiti remover

are

ILLiNOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED RULES

considered “Graffiti Removers.”

“Hair Mousse” means a hairstyling foam designed to facilitate styling of

coiffure and

provide limited holding power.

“Hair Shine” means any product designed for the primary purpose of creating a shine

when applied to the

hair. This includes,

but is not limited to, dual-use products designed

primarily to impart

sheen to the hair. The term

does not include “Hair spray,” “Hair

Mousse,” “Hair Styling Product,” “Hair Styling Gel,” or products whose primary

purpose

is to condition or hold the hair.

“Hair Styling Gel” means a consumer product manufactured before January 1, 2009, that

is a high viscosity, often gelatinous, product that contains

resin

and

designed for the

application to

hair

aid in styling

and sculpting of the hair coiffure.

“Hair spray” means:

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

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

into a

hair

coiffure which will impart sufficient

rigidity to the coiffure to establish or retain

the style for a period

of time,

and

For products manufactured on or after January

2009,

a consumer product that is

applied to styled

hair,

and is designed or labeled to provide sufficient rigidity, to

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

This includes

aerosol hair sprays,

pump hair

sprays, spray waxes; color, glitter, or sparkle

hairsprays that make finishing claims; and products that are

both a styling and

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

aid in

styling but

does

not provide finishing

of a hairstyle. For the purposes of this

Subpart, “Finish” or “Finishing” means the maintaining and/or

holding of

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

Subpart,

“Styling” means the forming, sculpting, or manipulating the hair

temporarily

alter the

hair’s

shape.

“Hair Styling Product” means a consumer

product manufactured on or after January 1,

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

hair to aid in

defining, shaping, lifting,

styling

and/or sculpting of the hair. This includes,

but

is not

limited to hair balm, clay, cream, creme, curl

straightener, gel, liquid, lotion, paste,

pomade, putty,

root

lifter,

serum,

spray gel, stick, temporary hair straightener, wax,

spray

products that aid in styling but do not provide finishing

of a hairstyle, and leave-in

ILLINOIS

POLLUTION

CONTROL

BOARD

NOTICE OF PROPOSED

RULES

volumizers,

detanglers

and/or

conditioners

that make styling

claims. This does

not

include “Hair Mousse”

“Hair

Shine,”

“Hair Spray,” or

shampoos and/or conditioners

that

are rinsed from

the hair prior

styling.

For the

purposes of this Subpart,

“Finish” or

“Finishing”

means the maintaining

and/or holding

of previously styled

hair for a period

of time.

For the purposes of

this Subpart,

“Styling” means the

forming, sculpting, or

manipulating

the hair to

temporarily alter

the hair’s shape.

“Heavy-Duty

Hand

Cleaner or Soap”

means a product designed

clean or remove

difficult dirt and soils

such

oil,

grease, grime, tar,

shellac, putty, printer’s

ink, paint,

graphite, cement,

carbon, asphalt, or

adhesives from

the hand with or without

the use of

water. The

term

does not

include

prescription drug products,

“Antimicrobial

Hand or

Body Cleaner

or Soap,” “Astringent/Toner,”

“Facial

Cleaner or Soap,”

“General-use

Hand

Body Cleaner

Soap,”

“Medicated Astringent/Medicated

Toner”

or “Rubbing

Alcohol.”

“Herbicide”

means a pesticide

product

designed to kill or

retard a plant’s growth,

but

excludes products

that are for agricultural

use, or restricted materials

that require

a permit

for

use and possession.

“High

Volatility

Organic

Material (HVOM)”

or “High Volatility Organic

Compound”

means

any volatile organic

material or volatile organic

compound

that

exerts

vapor

pressure greater

than 80 millimeters

of Mercury

(mm Hg) when measured

at 20°C.

“Household

Product” means any

consumer product that

primarily designed

to be used

inside or outside

of living quarters

or residences

that are occupied or intended

for

occupation

individuals,

including

the immediate surroundings.

“Illinois Sales”

means the sales

(net pounds of product,

less packaging

and container, per

year)

Illinois

for either

the

calendar year immediately

prior

the year

that the

registration

is due or, if that data

is not available,

any consecutive

12 month period

commencing

no earlier than

two years prior

to the due date of

the registration. If direct

sales

data for Illinois is

not available, sales may

be estimated

by prorating national

regional

sales data

by population.

“Industrial use” means

use for or in

a manufacturing,

mining, or chemical process

use

in the operation

of factories, processing

plants, and

similar sites.

“Insecticide” means

pesticide

product that is designed

for use against

insects or other

arthropods,

but excluding products

that are for agricultural

use, for

a use which requires

structural pest

control license under

the Structural

Pest Control Act, 225

ILCS 235, or

ILJJNOIS REGISTER

POLLUTION

CONTROL

BOARD

NOTICE OF PROPOSED RULES

restricted materials

that require a permit for use and possession.

“Insecticide

Fogger” means

any insecticide product designed to release all or most of its

content,

fog

or mist, into indoor

areas during a single application.

“Institutional Product” or “Industrial

and Institutional (I&I) Product” means a consumer

product that is designed for use in the maintenance

or operation of an establishment that

manufactures, transports, or sells goods or commodities, or provides services for

profit,

or is engaged in

the

nonprofit promotion of a particular public, educational, or charitable

cause. “Establishments” include,

but are not limited to, government agencies, factories,

schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile service

and

parts centers, health clubs, theaters,

or transportation companies. This does not include

household products and products that are incorporated into or used exclusively in the

manufacture or construction of the

goods

or commodities

the

site of the establishment.

“Label” means any written, printed, or graphic matter affixed to, applied to, attached

to,

blown into, formed, molded into, embossed

on, or

appearing upon any

consumer product

consumer product package,

for purposes of branding, identifying, or giving

information with

respect

to the product or to the contents of the package.

“Lacquer” means for purposes of this

Subpart, a

clear

or opaque wood coating, including

clear lacquer

sanding

sealers, formulated with cellulosic or synthetic resins to dry by

evaporation without chemical reaction and to provide a solid, protective film.

“Laundry Prewash” means a product that is designed for application to a fabric prior

laundering and that supplements and

contributes to the effectiveness of laundry

detergents and/or provides specialized performance.

“Laundry Starch Product” means a

product that

is designed for application

to a fabric,

either during or after laundering, to impart and prolong a crisp, fresh look and may

also

act to help ease

ironing

of the fabric. This includes, but is not limited to, fabric finish,

sizing, and

starch.

“Lawn and Garden Insecticide” means

an insecticide product labeled primarily to be used

in household lawn and garden areas to protect plants from insects or

other arthropods.

Notwithstanding

the

requirements of Section 223.260 aerosol “Lawn and Garden

Insecticides” may claim

kill

insects or other arthropods.

“Liquid”

means a substance

or mixture of substances which is capable of a visually

detectable flow as determined under ASTM D-4359-90, incorporated

reference

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

Section 223.120, including

any subsequent amendments or an equivalent method

approved

the California

Air Resources

Board.

This does not include powders or other

materials that are composed

entirely of solid particles.

“Lubricant” means a product designed

reduce

friction, heat, noise, or wear between

moving parts, or to loosen rusted or immovable parts or

mechanisms. This does not

include automotive power steering fluids; products for use inside power generating

motors, engines, and turbines, and their associated power-transfer gearboxes; two cycle

oils or other products designed

to be added to fuels; products for use on the human body

or animals; or products that are sold exclusively to establishments which manufacture

construct goods

commodities, and labeled “not for retail sale.”

“LVP

Content” means

the total weight, in pounds, of LVP compounds in an ACP product

multiplied by 100 and divided by the product’s total net weight (in pounds, excluding

container and packaging), expressed to the nearest

0.1.

“LVP-VOM” or “LVP-VOC” means a chemical “material” or “mixture” or “compound”

that contains at least one carbon atom and meets one of

the

following:

Has a

vapor

pressure less than 0.1 mm Hg at 20°C, as determined by CARB

Method 310; or

Is a

chemical

“material” or “compound” with more than 12 carbon atoms, or a

chemical “mixture” comprised solely of “material” or

“compound” with

than 12 carbon atoms

verified

by formulation data, and the vapor pressure and

boiling point are unknown; or

Is a chemical “material” or “compound” with

boiling

point

greater

than

16°C,

determined

by CARB Method 310; or

Is the weight percent of

chemical “mixture”

that boils above 216° C, as

determined by CARB Method 310.

For

the

purposes

of the definition of LVP-VOM, chemical “material” or

“compound” means

a molecule of definite chemical formula and isomeric

structure, and chemical “mixture”

means a substrate comprised of two or more

chemical “materials” or “compounds.”

“Medicated Astringent /Medicated Toner” means any product

regulated as a drug by the

FDA which is applied to the skin

for the purpose of cleaning or tightening pores. This

ILLINOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED RULES

includes, but is not limited to, clarifiers and substrate-impregnated products. The term

does not include hand, face, or body cleaner or soap products, “Astringent/Toner,” cold

cream, lotion, antiperspirants, or products that must be purchased with a doctor’s

prescription.

“Medium Volatility Organic Material (MVOM)” or “Medium Volatility Organic

Compound (MVOC)”

means any volatile

organic material or volatile organic compound

that exerts a

vapor pressure greater than

two mm Hg and

less

than or equal to 80

when measured at 20°C.

“Metal

Polish /Cleanser” means any product

designed

primarily

to improve

the

appearance of finished metal, metallic, or metallized surfaces by physical or chemical

action.

“improve the appearance” means

remove or reduce stains, impurities, or

oxidation from

surfaces

or to make surfaces smooth and shiny. This includes, but is not

limited to, metal polishes used on brass, silver, chrome, copper, stainless steel and other

ornamental metals. The term does not include “Automotive Wax, Polish, Sealant or

Glaze,” wheel

cleaner, “Paint

Remover or Stripper,” products designed and labeled

exclusively for automotive and marine detailing, or products designed for use in

degreasing tanks.

“Mist Spray Adhesive” means any aerosol which is not a special purpose spray adhesive

and

which delivers a particle or mist spray, resulting in the formation of fine, discrete

particles that

yield a generally uniform

and smooth

application

of adhesive to

the

substrate.

“Multi-purpose Dry Lubricant” means any lubricant which is designed and labeled to

provide

lubricity

depositing a thin film of graphite, molybdenum disulfide (“moly”),

or polytetrafluoroethylene or closely related fluoropolymer (“teflon”) on surfaces, and

designed for general purpose

lubrication,

or for use in a wide variety of applications.

“Multi-purpose Lubricant” means any lubricant designed for general

purpose

lubrication,

for use in a wide variety of applications. The term does not include “Multi-purpose

Dry Lubricants,” “Penetrants,” or “Silicone-based Multi-purpose Lubricants.”

“Multi-purpose

Solvent” means

any organic liquid designed to be used for a variety of

purposes,

including cleaning or degreasing

of a variety of substrates, or thinning,

dispersing or dissolving other organic materials. This includes solvents

used

institutional

facilities, except for

laboratory reagents used in analytical, educational,

research, scientific or other laboratories. This does not include solvents

used

in cold

cleaners, vapor degreasers, conveyorized

degreasers or film cleaning machines, or

ILLINOIS

POLLUTION CONTROL BOARD

NOTICE

OF PROPOSED RULES

solvents that are incorporated into, or

used

exclusively in

the

manufacture or construction

of the goods or commodities at the site

the

establishment.

“Nail Polish” means any clear or colored coating designed for application to the

fingernails or toenails and including but

not

limited

lacquers, enamels, acrylics, base

coats and top coats.

“Nail

Polish Remover”

means a product designed to remove nail polish and coatings

from fingernails or toenails.

“Non-aerosol Product” means any

consumer product that is not dispensed by a

pressurized spray system.

“Non-Carbon

Containing

Compound” means any compound which does not contain any

carbon atoms.

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

includes terrazzo, marble, slate, granite, brick, stone, ceramic tile and concrete.

“Non-Selective Terrestrial Herbicide”

means a terrestrial herbicide product that is toxic

to plants without regard to species.

“Oven Cleaner” means any cleaning product

designed to clean and to

remove

dried food

deposits from oven walls.

“Paint” means any pigmented liquid, liquefiable, or mastic composition designed for

application to a substrate in a thin layer which is converted

opaque solid

film

after

application and is used for protection, decoration or identification, or to serve some

functional

purpose such as the

filling

or concealing of surface irregularities or the

modification of light and heat radiation characteristics.

“Paint Remover or Stripper” means any product designed to strip or remove paints or

other related

coatings,

by chemical action, from a substrate without markedly affecting

the

substrate. This

does not

include

“Multi-purpose Solvents,” paint brush cleaners,

products designed and labeled exclusively

as “Graffiti Removers,” and hand cleaner

products that claim to remove paints and other related

coatings

from skin.

“Penetrant” means a lubricant designed and labeled

primarily to loosen metal parts that

have bonded together due to rusting, oxidation, or other causes. The term does not

include “Multi-purpose Lubricants” that claim to have

penetrating qualities, but

are

not

ILLNOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

labeled primarily

to loosen bonded parts.

“Personal

Fragrance

Product” means any product which is applied to the human body or

clothing for the primary purpose of adding a scent or masking a

malodor,

including

cologne,

perfume,

aftershave, and toilet water. This does not include

“Deodorant,”

medicated products

designed primarily to

alleviate fungal

bacterial growth on feet

other areas of the

body;

mouthwashes, breath fresheners and deodorizers; lotions,

moisturizers, powders or other skin care products used primarily to alleviate skin

conditions such as dryness and irritations; products designed exclusively for use on

human genitalia;

soaps,

shampoos,

and

products primarily

used

to clean the human

body;

and fragrance products designed to be used exclusively on non-human animals.

“Pesticide” means and includes any substance or mixture of substances labeled, designed,

or intended for use in preventing, destroying, repelling or mitigating any pest, or any

substance

mixture of substances labeled, designed, or intended for use as a

defoliant,

desiccant, or plant regulator, provided that the term “Pesticide” will not include any

substance, mixture of substances, or device which the United States Environmental

Protection

Agency

does

not

consider to be a

pesticide.

“Photograph Coating” means a coating designed and labeled exclusively to be applied to

finished photographs to allow corrective retouching, protection of the image, changes

gloss level, or to

cover

fingerprints.

“Pressurized Gas Duster” means

pressurized product labeled to remove dust from

surface solely by means of mass air or gas flow, including surfaces such as photographs,

photographic film negatives, computer keyboards, and other types of surfaces that cannot

be cleaned with solvents. This does not include “Dusting Aid.”

“Principal Display Panel or Panels” means that part, or those parts of a label that are

designed as to most likely be displayed, presented, shown or examined under normal and

customary conditions

display or purchase. Whenever a principal display panel appears

more than

once, all requirements

pertaining to the “Principal Display

Panel”

shall pertain

all such “Principal Display Panels.”

“Product Brand Name” means the name of the product exactly as it appears on the

principal

display panel of the product.

“Product Category” means the applicable category which best describes the product

listed

in this Section 223 .203 and in

the limits

Section 223 .205(a).

ILLJNOIS

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

“Product

Form” for

the purpose of

complying

with Section 223 .270 only, means

the

applicable

form which most accurately describes the

product’s dispensing form as

follows:

= Aerosol Product

= Solid

P = Pump Spray

L Liquid

= Semisolid

= Other

“Product Line” means a group of products of identical form and function belonging to the

same product category(ies).

“Pump Spray”

means a packaging system in which the product ingredients within the

container are not under pressure and in which the product is expelled only while a

pumping action is applied to a button, trigger or other actuator.

“Responsible

ACP Party” means

the company, firm or establishment which is listed on

the ACP product’s label. If the label lists two or more companies, firms, or

establishments, the “Responsible ACP Party” is the party which the ACP product was

“manufactured for” or “distributed

by,”

as noted ori the label.

“Restricted Materials” means pesticides established as restricted materials under

applicable

Illinois Laws or Regulations.

“Roll-on Product”

means any antiperspirant

or deodorant that dispenses active

ingredients by rolling a wetted ball or wetted cylinder on the affected area.

“Rubber

and

Vinyl Protectant”

means any product designed to protect, preserve or renew

vinyl,

rubber, and plastic on vehicles, tires, luggage, furniture,

and household

products

such as

vinyl covers, clothing, and accessories. This does not include products primarily

designed to clean the wheel rim, such as aluminum or magnesium wheel cleaners, and

tire cleaners that do not leave an appearance-enhancing or protective substance on the

tire.

“Rubbing Alcohol” means any product containing isopropyl alcohol (also called

isopropanol)

or denatured ethanol

and labeled for topical use, usually to decrease germs

in minor cuts and scrapes, to relieve minor muscle aches,

as a

rubefacient, and for

massage.

ILLINOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED RULES

“Rust Preventive Coating” means a coating formulated exclusively for nonindustrial use

to prevent the corrosion of metal surfaces and labeled as specified in Section 223.320(f).

“Sanding Sealer” means for

purposes

of this Subpart, a clear or semi-transparent wood

coating

labeled and formulated for

application to bare wood to seal the wood and to

provide

coat that can be abraded to create

a smooth surface for subsequent applications

of coatings. A “Sanding Sealer” that also meets

the

definition

of a

“Lacquer” is not

included in this category, but it is included in the “Lacquer” category.

“Sealant and Caulking Compound” means any product with adhesive properties that

designed to

fill, seal, waterproof, or

weatherproof gaps or joints between two surfaces.

This does not include roof cements and roof sealants, insulating foams, removable

caulking

compounds, clear/paintable/water

resistant caulking compounds, floor seam

sealers, products designed exclusively for automotive uses, or sealers that are applied

continuous coatings. The term also does not include units of product, less packaging,

which

weigh more than one pound and

consist of more than 16 fluid ounces.

For the purposes of this definition only, “removable caulking compounds”

means

compound which temporarily seals windows or

doors for three to six month

time

intervals, and “clear/paintable/water

resistant caulking compounds” means a

compound which contains no appreciable level of opaque fillers or pigments;

transmits most or all visible light through the caulk when cured; is paintable;

and

immediately resistant

to precipitation upon application.

“Semisolid”

means

product that,

at room temperature, will not pour, but will spread or

deform easily, including but not limited to gels, pastes, and greases.

“Shaving Cream” means an aerosol product

which dispenses a foam lather intended to be

used

with a blade or cartridge razor, or other wet-shaving

system,

the

removal

of facial

or other bodily hair. The term does not include “Shaving Gel.”

“Shaving

Gel” means an aerosol

product which dispenses a post-foaming semisolid

designed

to be used with a blade, cartridge

razor, or other shaving system in the removal

of facial or other bodily hair. This does not include

“Shaving Cream.”

“Silicone-based

Multi-purpose

Lubricant” means any lubricant which is designed

and

labeled to provide lubricity primarily through

the use of silicone compounds including,

but not limited

to, polydimethylsiloxane;

and designed and labeled for general purpose

lubrication, or for use in a wide variety of applications. The

term does not include

ILLINOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE

PROPOSED RULES

products designed and labeled exclusively to release manufactured products from molds.

“Single Phase

Aerosol

Air Freshener” means an aerosol air freshener with the liquid

contents in a

single

homogeneous phase and which does not require that the product

container be

shaken

before use.

“Solid” means a substance

or mixture of substances which, either whole or

subdivided

(such as the particles comprising

a powder), is not

capable

visually detectable flow

determined under ASTM D-4359-90, incorporated

reference in Section 223.120, or an

equivalent

method approved

by the California Air Resources Board.

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

following definitions:

“Mounting Adhesive” means an aerosol adhesive designed to permanently mount

photographs, artwork, and any other drawn or printed media to a backing (paper,

board, cloth, etc.) without

causing discoloration to the artwork.

“Flexible vinyl adhesive” means an aerosol adhesive designed to bond flexible

vinyl to substrates. Flexible

vinyl means a

nonrigid polyvinyl chloride plastic

with

least five

percent, by weight, of plasticizer content. A plasticizer

material, such as a high boiling point organic solvent, that is incorporated into a

plastic to increase its flexibility, workability, or distensibility, and may be

determined using

ASTM Method E260-96, incorporated by reference in Section

223.120, or from product formulation data or an equivalent method approved

the CARB.

“Polystyrene

Foam Adhesive” means an aerosol adhesive designed to bond

polystyrene foam to substrates.

“Automobile Headliner Adhesive” means an aerosol adhesive designed to bond

together layers in motor vehicle headliners.

“Polyolefin Adhesive” means

an aerosol adhesive designed to bond polyolefins to

substrates.

“Laminate Repair/Edgebanding

Adhesive” means an aerosol adhesive designed

for:

The touch-up or repair of items laminated

with

high pressure laminates

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

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

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

but not limited to, other laminates, synthetic marble, veneers, wood

molding, and decorative metals.

For the purposes of this definition “high pressure laminate” means sheet

materials which consist

of paper, fabric, or other core material that have

been laminated at temperatures exceeding 265 degrees F, and at pressures

between 1,000 and 1,400 psi.

“Automotive Engine Compartment Adhesive” means an aerosol adhesive

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

oil

and plasticizer resistance, as well as high shear strength, at temperatures of 200 -

275 degrees F.

“Spot Remover” means any product labeled to clean localized areas, or remove localized

spots or stains on cloth or fabric such as drapes, carpets, upholstery, and clothing, that

does

not require subsequent laundering to achieve stain removal. This

does

not include

“Dry Cleaning

Fluid,” “Laundry

Prewash,” or “Multi-purpose Solvent.”

“Spray Buff Product” means a product designed to restore a worn floor finish in

conjunction with

floor buffing

machine and special pad.

“Stick

Product” means any antiperspirant or deodorant

that

contains

active

ingredients

a solid matrix form, and that dispenses the active ingredients by frictional action on the

affected

area.

“Structural Waterproof

Adhesive”

means an adhesive whose bond lines are resistant to

conditions

of continuous immersion

fresh

or salt water, and that conforms with Federal

Specification MMM-A- 181 D (Type 1, Grade A),

and

MIL-A-4605 (Type A,

Grade A

and

Grade C), per the Federal Consumer Products Regulation 40 CFR59

Subpart C.

“Terrestrial” means to

live

on or grow from land.

“Tire

Sealant and Inflation” means

any

pressurized

product that is designed to

temporarily inflate and seal a leaking tire.

“Toilet/Urinal Care Product” means any product designed

or labeled

to clean and/or

deodorize toilet bowls, toilet tanks,

urinals. Toilet

bowls, toilet tanks, or urinals

ILLINOIS

POLLUTION CONTROL BOARD

NOTICE

OF PROPOSED RULES

includes, but

is not

limited

to, toilets

urinals

connected to

permanent plumbing in

buildings and

other structures, portable toilets

or urinals

placed

temporary or remote

locations, and

toilet

urinals in vehicles

such as buses,

recreational motor homes, boats,

ships, and

aircraft. This does not include “Bathroom

and

Tile Cleaner” or “General

Purpose

Cleaner.”

“Type A Propellant” means a compressed gas such as 2

CO,N

2,N

O, or compressed air

which is used as a propellant, and is either incorporated with the product or

contained in

separate chamber

within the

product’s

packaging.

“Type B Propellant” means any halocarbon which is used as a propellent

including

chiorofluorocarbons (CFCs), hydrochiorofluorocarbons (HCFCs), and

hydrofluorocarbons (HFC5).

“Type C

Propellant” means any propellent which is not

Type A or Type B propellant,

including propane, isobutane, n-butane, and dimethyl ether (also known as

dimethyl

oxide).

“Undercoating” means any

aerosol

product designed to impart a

protective, non-paint

layer to the undercarriage, trunk interior, and/or firewall of motor vehicles to

prevent

the

formation of rust or to deaden sound. This includes, but is not limited to, rubberized,

mastic, or

asphaltic products.

“Usage Directions” means the text or graphics on the product’s principal display panel,

label, or accompanying

literature

which describes to the end user how and

in what

quantity the product is to be used.

“VOM

Content” means, for purposes of this Subpart, except for charcoal lighter

products, the total weight of VOM in a product expressed as a percentage of the product

weight (exclusive of the container or packaging), as determined pursuant to

Section

223.285(a)

and

(b).

For charcoal lighter material products only,

VOC Content

= (Certfled Emissions

100)

CertUied

Use Rate

Certified

Emissions

The emissions level for products approved by the

Agency under Section 223.220, as determined pursuant to

ILLINOIS REGISTER

POLLUTION

CONTROL

BOARD

NOTICE OF PROPOSED RULES

South Coast Air Quality Management District

Rule 1174

Ignition

Method Compliance

Certification Protocol

(February 27, 1991), expressed to the nearest

0.00 1

pound

2per start.

Certified

Use

Rate

The

usage

level

for

products approved

the

Agency under Section 223.220, as determined pursuant to

South Coast Air Quality Management District

Rule 1174

Ignition Method Compliance

Certification Protocol

(February 27, 1991), expressed to the nearest 0.00 1 pound

certified product used per start.

For

purposes of Subpart

of this Part, “VOM Content” means the weight of

VOM per volume of coating, calculated according to the

procedures specified in

subsection 223.340(a).

“Wasp and Hornet

Insecticide”

means any insecticide product

that is designed for use

against wasps, hornets, yellow jackets or bees by allowing the user to spray from a

distance a

directed stream or burst at the intended insects, or their hiding place.

“Waterproofer” means a product designed and labeled exclusively to

repel water from

fabric

or leather substrates, excluding “Fabric Protectants”.

“Wax” means a material or synthetic thermoplastic substance generally of high molecular

weight

hydrocarbons or high molecular weight

esters of fatty

acids or alcohols, except

glycerol and high polymers (plastics). This includes, but is not limited to, substances

derived from the

secretions

of plants and animals such as carnuba

wax

and

beeswax,

substances

of a mineral origin such as ozocerite and paraffin, and synthetic polymers

such as

polyethylene.

“Web Spray Adhesive” means any aerosol adhesive which is not a mist

spray

or special

purpose spray

adhesive.

“Wood

Cleaner” means a product labeled to clean wooden materials including but not

limited to decking, fences, flooring, logs, cabinetry, and furniture. The term does not

include

“Dusting Aid,” “General

Purpose Cleaner,” “Furniture

Maintenance Product,”

“Floor

Wax Stripper,” “Floor Polish or Wax,” or products designed and labeled

exclusively to

preserve or

color wood.

ILLiNOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

“Wood Floor Wax” means wax-based products for use

solely

on wood

floors.

Section

223.205

Standards

Except as

provided in

Section 223 .207, Section

223.230, Section 223 .240,

Section 223.245, no person

shall sell,

supply, offer for sale, or manufacture for

sale in Illinois any consumer product manufactured on or after January 1, 2009,

which contains VOMs in excess of the limits specified below:

Affected Product

VOM

Weight

Mist Spray

Web Spray

Special Purpose Spray Adhesives

Mounting,

Automotive Engine Compartment, and

Flexible Vinyl

ii)

Polystyrene Foam and Automotive Headliner

iii)

Polyolefin and Laminate Repair /Edgebanding

Adhesives - Construction, Panel, and Floor Contact

Adhesives - General Purpose

Adhesives — Structural Waterproof

Air Fresheners

Single-Phase Aerosol

Double Phase Aerosol

Liquids

Pump

Sprays

Solids

Gel

ILLiNOIS

POLLUTION

CONTROL

BOARD

NOTICE OF

PROPOSED

RULES

Antiperspirants

Aerosol

40 HVOM

1OMVOM

Non-Aerosol

0 HVOM

0 MVOM

Automotive

Brake

Cleaners

Automotive

Rubbing

Polishing

Compound

Automotive

Wax,

Polish,

Sealant,

or Glaze

Hard

Paste

Waxes

Instant

Detailers

All OtherForms

10)

Automotive

Windshield

Washer

Fluids

11)

Bathroom

and Tile Cleaners

Aerosol

All

OtherForms

12)

Bug

and

Tar

Remover

13)

Carburetor

Fuel-Injection

Air Intake

Cleaners

14)

Carpet

and Upholstery

Cleaners

Aerosol

Non-Aerosol

(Dilutables)

0.1

Non-Aerosol

(Ready-to-Use)

3.0

ILLINOIS

POLLUTION CONTROL

BOARD

NOTICE

OF PROPOSED RULES

15)

Charcoal Lighter Material

see Section 223 .220

16)

Cooking Spray — Aerosol

17)

Deodorants

Aerosol

0 HVOM

1OMVOM

Non-Aerosol

0 HVOM

0 MVOM

18)

Dusting Aides

Aerosol

All OtherForms

19)

Engine Degreasers

Aerosol

Non-Aerosol

20)

Fabric Protectants

21)

Floor Polishes

/ Waxes

Products for Flexible Flooring Materials

Products for

Nonresilient Flooring

WoodFloor Wax

22)

Floor Wax Strippers

see

Section 223

.209

23)

Furniture Maintenance Products

Aerosol

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE

OF PROPOSED RULES

All

Other Fonns Except Solid or Paste

24)

General Purpose

Cleaners

Aerosol

Non-Aerosol

25)

General Purpose

Degreasers

Aerosol

Non-Aerosol

26)

Glass Cleaners

Aerosol

Non-Aerosol

27)

Hair Mousses

28)

Hairshines

29)

Hairsprays

30)

Hair Styling Gels

31)

Heavy Duty Hand

Cleaner or Soap

32)

Insecticides

Crawling Bug (Aerosol)

Crawling Bug

(All Other Forms)

Flea and Tick

Flying Bug (Aerosol)

Flying Bug (All

Other Forms)

ILLINOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED RULES

Foggers

Lawn and Garden (Aerosol)

Lawn and Garden (All Other Forms)

Wasp and

Hornet

33)

Laundry Prewash

Aerosols / Solids

All OtherForms

34)

Laundry Starch Products

35)

Metal Polishes

/ Cleansers

36)

Multi-Purpose Lubricant

(Excluding

Solid or Semi-Solid Products)

37)

Nail Polish Removers

38)

Non-Selective Terrestrial Herbicide - Non-Aerosol

39)

Oven Cleaners

Aerosols

/ Pump Sprays

Liquids

40)

Paint Remover or

Strippers

41)

Penetrants

42)

Rubber and

Vinyl Protectants

Aerosol

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF

PROPOSED RULES

Non-Aerosol

43)

Sealants and

Caulking Compounds

44)

Shaving Creams

45)

Silicone-Based Multi-Purpose Lubricants

(Excluding Solid or Semi-Solid Products)

46)

Spot

Removers

Aerosol

Non-Aerosol

47)

Tire Sealants and Inflators

48)

Undercoatings — Aerosols

person shall sell, supply, offer for sale, or manufacture for sale

in Illinois, on

or after

January 1, 2009, any antiperspirant or deodorant that contains any

compound listed

below:

Benzene

Ethylene Dibromide

Ethylene Dichioride

Hexavalent Chromium

Asbestos

Cadmium (metallic cadmium and cadmium compounds)

Carbon Tetrachioride

Trichloroethylene

Chloroform

Vinyl

Chloride

Inorganic Arsenic

Nickel (metallic nickel and inorganic nickel compounds)

Perchioroethylene

Formaldehyde

1 ,3-Butadiene

Inorganic

Lead

Dibenzo-p-dioxins and dibenzofiirans chlorinated in the 2,3,7 and 8

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED

RULES

positions and containing 4,5,6

or 7 chlorine atoms

Section 223.206

Diluted Products

For consumer products for which the label,

packaging, or accompanying

literature

specifically states that the product should

diluted with water or non-VOM

solvent prior

to use, the limits specified in Section 223 .205(a) must apply to the

product only after the minimum

recommended dilution has taken place.

For purposes of subsection (a) of this Section, the minimum recommended

dilution shall not include recommendations

for incidental use of a concentrated

product to deal with limited special applications such as hard-to-remove soils

stains.

For consumer products for which the label, packaging, or accompanying literature

states that the product should

be diluted with any VOM solvent prior to use,

thelimits specified in

Section 223.205(a) shall apply to the product only after

the

maximum recommended dilution has taken place.

Section

223.207

Products registered

under FIFRA

For

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

and

Rodenticide

Act, (FIFRA,

U.S.C. Section 136-136y),

incorporated by reference in Section

223.120, the effective date of the VOM standards will be January 1, 2010.

Section 223.208

Requirements

for Aerosol Adhesives

As specified in California Code section 4171 2(h)(2), incorporated

reference

Section

223.120, the standards

for aerosol adhesives apply to all uses of aerosol

adhesives, including consumer, industrial,

and commercial uses. Except as otherwise

provided in Sections 223 .207, 223 .230, 223 .240, 223

.245, no person shall sell, supply,

offer for sale, use or manufacture for sale in Illinois

any aerosol

adhesive

which, at the

time of sale, use, or

manufacture,

contains VOMs in excess of the specified standard.

“Special Purpose Spray Adhesive.”

order

to qualify as a “Special Purpose Spray Adhesive”

the

product

must meet one or more

of the definitions for “Special Purpose Spray

Adhesive” specified in Section 223 .203, but if

the

product label indicates

that the product is suitable

for use on any substrate or application not

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

listed in one of the definitions for “Special Purpose Spray Adhesive,” then

the product shall be classified as either a “Web Spray Adhesive” or a

“Mist Spray Adhesive.”

If a product meets more than one of the definitions specified in Section

223.203

for “Special Purpose Spray Adhesive” and is not classified as a

“Web

Spray Adhesive” or “Mist Spray Adhesive” under Section 223.203,

then the VOC limit

for the product shall be the lowest applicable

VOM

limit specified in Section 223 .205(a).

Effective January 1, 2009,

no person shall sell,

supply,

offer for sale,

manufacture for use in Illinois any aerosol adhesive which contains any of the

following compounds: methylene chloride, perchloroethylene,

trichloroethylene.

All aerosol adhesives must comply with the labeling requirements specified

Section 223 .265.

Section 223.209

Requirements for Floor Wax Strippers

On or after January 1,

2009,

no person shall sell, supply, offer for sale, or manufacture for use in

Illinois any floor wax stripper unless the following requirements are met:

The label of each non-aerosol floor wax stripper must specify a dilution ratio for

light or medium build-up of

polish that

results in

an as-used VOM

concentration

of three

percent

by weight or less;

If a non-aerosol floor wax stripper is also intended to be used for removal of

heavy

build-up of

polish, the label of that floor wax stripper must specify a

dilution ratio for heavy build-up

of polish that results in an as-used VOM

concentration of

12%

by weight or

less;

and

The terms “light build-up,” “medium build-up,” or “heavy build-up” are not

specifically

required, as long as comparable terminology is used.

Section

223.210

Products Containing Ozone-Depleting

Compounds

For any consumer product

for which standards are specified under Section

223 .205(a), no person shall sell, supply, offer for

sale,

manufacture

for

sale in

Illinois any consumer product

which contains any of the following ozone-

ILLINOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED RULES

depleting compounds:

Trichiorofluoromethane (CFC-l1);

Dichiorodifluoromethane (CFC- 12);

1,1,1 -trichloro-2,2,2-trifluoroethane

(CFC- 113);

1 -chioro- 1,1 -difluoo-2-chloro-2,2-difluoroethane (CFC- 114);

Chioropentafluoroethane (CFC-1

15);

Bromochiorodifluoromethane (Halon 1211);

Bromotrifluoromethane (Halon 1301);

Dibromotetrafluoroethane

(Halon 2402);

Chiorodifluoromethane (HCFC-22);

10)

2,2-dichioro-

1,1,1 -trifluoroethane (HCFC- 123);

11)

2-chioro- 1,1,1 ,2-tetrafluoroethane

(HCFC- 124);

12)

1,1 -dichloro- 1 -fluoroethane

(HCFC-

41b);

13)

1 -chloro- 1,1 -difluoroethane (HCFC-

1 42b);

14)

1,1,1 -trichioroethane;

and

15)

Carbon tetrachioride.

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

product

formulation

existing as of January 1, 2009, that complies with Section 223.205(a)

or is reformulated

meet Section 223.205(a),

provided the ozone-depleting

compound content of the reformulated product

does not

increase.

The requirements in subsection

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

depleting compounds that may be present as impurities in

consumer

product in

an amount equal to or less than

0.01% by weight of the product.

ILLINOIS REGISTER

POLLUTION CONTROL BOARD

NOTICE OF PROPOSED

RULES

Section 223.220

Requirements for Charcoal Lighter

Material

No person shall sell, supply, or offer for sale

on or after

January

2009,

any

charcoal

lighter

material product unless at the

time of the

transaction the

manufacturer can demonstrate that they have

been issued an

effective certification

by the

CARB

under the Consumer Products provisions under Subchapter

8.5,

Article 2, Section

94509(h), of Title 17 of the California Code of Regulations,

incorporated by reference

in Section 223.120. This certification remains in effect

for Illinois for as long as the CARB certification

remains in effect.

Alternatively, the person

may demonstrate that at the time of the transaction the

manufacturer had been issued a certification

an air pollution agency of another

state and the USEPA that was current

at the time of the transaction.

Upon request by the Agency, a manufacturer claiming

to have a

certification

specified in subsection

(a)

this Section, must submit to the Agency a copy of

the

certification

decision, including all conditions applicable to the certification

established by CARB or the air pollution agency of

another state and

the

USEPA.

Section 223.230

Exemptions

This regulation shall not apply to any consumer

product manufactured in Illinois

for shipment and

use outside of Illinois, as long as the manufacturer or distributor

can demonstrate both that the consumer product is intended

for

shipment and

use

outside of Illinois, and that the

manufacturer or distributor has taken reasonable,

prudent precautions to assure that the consumer product

is not

distributed to

Illinois. This exemption shall

not apply to consumer products that are sold,

supplied, or offered for sale by any person

retail

outlets in Illinois.

For antiperspirants or

deodorants, ethanol shall not be considered a medium

volatility organic material (MVOM) for

purposes of the content standards

specified in Section 223.205(a).

The VOM limits specified in Section 223 .205(a) shall not

apply to

fragrances

to a

combined level

of two percent by weight contained in any consumer product

and shall not apply

to colorants up to a combined level of two percent by weight

contained in any antiperspirant or deodorant.

The requirements of Section 223.205(a) for

antiperspirants or deodorants shall not

apply to those volatile

organic materials that contain more than 10 carbon atoms

ILLINOIS REGISTER

POLLUTION

CONTROL

BOARD

NOTICE OF PROPOSED RULES

per

molecule

and for which the vapor pressure is unknown, or that have a vapor

pressure

of two

mm Hg or less at 20°C.

The VOM

limits

specified in Section 223 .205(a) shall not apply to any LVP

VOM.

The requirements of Section 223.250

shall not apply to consumer products

registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA,

7 U.S.C. Section 136/136y).

The VOM limits specified in Section 223.205(a) shall not apply to air fresheners

that

are comprised entirely

of fragrance, less compounds not defined as VOMs

under Section 211.7150 or exempted under subsection 223.230(f).

The VOM

limits

specified in Section 223 .205(a) shall not apply to air fresheners

and insecticides containing at least

98%

para-dichlorobenzene;

The

VOM limits

specified in Section 223.205(a) shall not apply to adhesives sold

in containers of one fluid ounce or less.

The VOM limits specified in

Section 223 .205(a) shall not apply to bait station

insecticides. For the purpose of this section, bait station insecticides are

containers enclosing an insecticidal bait that is not more than 0.5 ounce

weight, where the bait is

designed to be ingested by insects and is composed of

solid material feeding stimulants with less than five percent active ingredients.

Section 223.240

Innovative Product Exemption

Any manufacturer of consumer

products which

have

been granted an

Innovative Product exemption

the CARB under the Innovative

Products provisions in Subchapter 8.5, Article 2, Section 94511, or

Subchapter

8.5,

Article

1, Section 94503.5 of Title 17 of the California

Code

of Regulations,

both

incorporated

by reference in Section 223.120,

shall be exempt from the limits

223

.205(a) for the period of time that

the CARB Innovative Products exemption remains in effect, provided

that

all consumer products within the CARB Innovative Products exemption

are contained in

the

limits

in 223 .205(a) of this regulation. Any

manufacturer claiming such an exemption

on this basis

must submit

the

Agency

copy

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

the Executive Order), including all conditions established

CARB

ILLINOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED RULES

applicable to the exemption.

Recordkeeping and Availability of Requested Information.

All information specified in the innovative product exemption approving

an innovative product application shall be maintained by the responsible

party for

a minimum of three years after the expiration of such exemption.

Such records shall

clearly legible and maintained

in good

condition

during this period.

The records specified in (1) of this subsection shall

made available

the Agency, or its authorized representative, upon request.

Section

223.245

Alternative

Compliance Plans

The purpose of this sectIon is to provide an alternative method to comply with

the

limits in Section 223.205(a).

This alternative is provided by allowing responsible

ACP parties the option of voluntarily entering into separate ACPs for consumer

products, as specified in this Subpart. Only responsible AiP parties for consumer

products may enter

into an ACP.

Any manufacturer of consumer products which have been granted an ACP

Agreement by the CARB under the provisions in

Subchapter 8.5,

Article 4,

Sections

94540-94555,

of Title 17 of the California Code of Regulations,

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

Section

223.205(a)

for the period of time that the CARB ACP Agreement remains

in effect provided that all ACP Products

used

for emissions credits within the

CARB ACP Agreement are contained in Section 223 .205(a) of this regulation.

Any manufacturer

claiming such an ACP Agreement on this basis must submit to

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

the

Executive Order),

including all conditions established

CARB applicable to the exemption.

Recordkeeping

and Availability of Requested Information.

All information

specified in the

ACP

Agreement approving an

ACP

shall

be maintained by the responsible ACP

party

for

minimum of three

years

after

the expiration of such ACP. Such records shall be clearly legible

and

maintained in

good condition during this period.

The records specified in (1) of this subsection

shall be made

available

ILLINOIS

POLLUTION CONTROL BOARD

NOTICE

PROPOSED

RULES

the Agency or its authorized representative

upon request.

Section 223.250

Product Dating

Each manufacturer of a consumer product subject

Section 223.205(a) shall

clearly display on each consumer product container or package, the day, month,

and year on which the product was manufactured, or a code indicating such date.

manufacturer who

uses

the following

code to indicate the date of

manufacture

shall not be subject to the requirements of Section 223.255(a), if the code is

represented separately

from other codes on the product container so that it is

easily recognizable:

YY DDD = year year day day day

Where:

YY = Two digits representing the year in which the product was manufactured,

DDD = Three digits representing the day of the year on which the product was

manufactured, with “001” representing the first day of the year, “002”

representing the second day of the year, and

forth (i.e., the “Julian

date”)

This

date

or code shall

displayed

on each consumer product container or

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

Section 223 .205(a).

The date or datecode information shall be located on the container or inside the

cover/cap

that

is readily

observable or obtainable by simply removing the

cap/cover without irreversibly disassembling

any part of the container or

packaging. For the purposes of this subsection, information

may be

displayed

the bottom of a container as long as it is clearly legible without removing

any

product packaging.

The requirements of this Section 223.250

shall not apply to products containing

no VOMs (as defined in Section 223.203), or containing VOMs

at 0.10% by

weight or less.

Section

223.255

Additional Product Dating

Requirements

ILLINOIS REGISTER

POLLUTION

CONTROL BOARD

NOTICE OF PROPOSED RULES

No person

shall

erase, alter, deface, or otherwise remove or make illegible any

date or code

indicating

the date of manufacture from any regulated product

container

without

the express authorization of the manufacturer. No manufacturer

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

Date code

explanations for

codes indicating the date of manufacture are public

information and may not

claimed

as confidential.

Section 223.260

Most

Restrictive

Limit

Products

manufactured

before January 1, 2009, and FIFRA-registered Insecticides

manufactured before January 1, 2010.

Notwithstanding the definition of “product category” in Section 223 .203, if

anywhere on the principal display panel

of any

consumer

product

manufactured

before

January 1, 2009,

or any FIFRA-registered insecticide manufactured before

January 1, 2010, any representation is made that the product may be used as, or is

suitable for use as, a consumer product for which

lower VOC limit is specified

Section 223.205(a), then the lowest

VOC limit shall apply. This requirement

does not

apply

general

purpose cleaners, antiperspirant/deodorant products and

insecticide foggers.

Products manufactured on or after January 1, 2009, and FIFRA-registered

Insecticides manufactured on or after January

2010.

Notwithstanding the definition of “Product

Category”

Section

223

.203, if

anywhere

the container or packaging of any consumer product manufactured on or after January 1,

2009, or any

FIFRA-registered insecticide

manufactured on or after January 1, 2010, or

on any

sticker or label affixed thereto, any

representation is made that the product may be

used as,

or is suitable for use as, a consumer product for

which a

lower VOC limit is

specified in Section 223.205(a), then the lowest VOM limit shall apply. This requirement

does

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

insecticide

foggers.

Section 223.265

Additional Labeling Requirements

for Aerosol Adhesives,

Adhesive

Removers, Electronic Cleaners, Electrical Cleaners, Energized

Electrical Cleaners,

and Contact Adhesives

In addition to the requirements specified in

Sections 223 .250, 223.260, and

ILLINOIS

POLLUTION CONTROL

BOARD

NOTICE

OF PROPOSED RULES

223.270,

both the

manufacturer and responsible

party for each

aerosol

adhesive,.

adhesive remover, electronic

cleaner,

electrical cleaner,

energized

electrical

cleaner, and contact

adhesive

product subject to this

regulation

shall ensure

that

all products

clearly display the following

infonntion

on each

product container

which

is manufactured on or

after

January

1, 2009.

The product

category as specified

in Section 223.205(a)

or an abbreviation

of the