ILLINOIS POLLUTION CONTROL BOARD
March 19, 2009
IN THE MATTER OF:
PROPOSED NEW 35 ILL. ADM. CODE
PART 223 STANDARDS AND
LIMITATIONS FOR ORGANIC MATERIAL
EMISSIONS FOR AREA SOURCES
)
)
)
)
)
)
R08-17
(Rulemaking - Air)
Proposed Rule. Second Notice
Today the Board adopts for second notice a proposal amending its air pollution
regulations. On January 2, 2008, the Illinois Environmental Protection Agency (Agency or IEPA
or Illinois EPA) initiated this proceeding by filing a proposal (Prop.) under the general
rulemaking provisions of Sections 27 and 28 of the Environmental Protection Act (Act) (415
ILCS 5/27, 28 (2006)). The Agency proposed a new Part 223, Standards and Limitations for
Organic Material Emissions for Area Sources. The Agency stated that the proposed regulations
would reduce emissions of volatile organic material (VOM or VOC
.
OPINION AND ORDER OF THE BOARD (by A.S. Moore):
1
) from the three categories
of consumer and commercial products, architectural and industrial maintenance (AIM) products,
and aerosol coatings.
On October 16, 2008, the Board adopted its first-notice opinion and order in this
proceeding.
See
32 Ill. Reg. 17301-82 (Nov. 7, 2008). In that opinion and order, the Board
largely adopted the Agency’s proposal, including changes contained in three
errata
sheets
submitted by the Agency. The Board also substantively amended the Agency’s proposal, as
described in the Board’s opinion. Proposed New 35 Ill. Adm. Code Part 223 Standards and
Limitations for Organic Material Emissions for Area Sources
In this opinion, the Board first provides the procedural history of this rulemaking and a
brief summary of its first-notice opinion and order. The Board then summarizes the public
comments received since publication of the first-notice proposal. The Board then summarizes
, R08-17, slip op. at 45-46 (Oct. 16,
2008). Specifically, the first-notice proposal intended to reduce VOM emissions from the two
categories of consumer and commercial products and AIM products. The proposal included
VOM content standards, exemptions and compliance alternatives, and various labeling,
recordkeeping and reporting requirements. The rule proposed for second notice extends the
implementation date of the proposed regulations to July 1, 2009, but is otherwise substantively
unchanged from the Board’s first-notice opinion and order.
1
In its Statement of Reasons (Statement) filed with its proposal, the Agency states that the terms
“VOM” and “VOC,” or volatile organic compound, “are interchangeable.” Statement at 5. The
Agency states, however, that it employs the term “VOM” and United States Environmental
Protection Agency (USEPA) employs the term “VOC.”
Id
.
2
the changes made in its second-notice proposal. Finally, the order following the opinion then
sets forth the proposed amendments for second notice.
PROCEDURAL HISTORY
On January 2, 2008, the Agency filed a rulemaking proposal under the general
rulemaking provisions of Sections 27 and 28 of the Act (415 ILCS 5/27, 28 (2006)). A
Statement of Reasons (Statement) and Technical Support Document (TSD) accompanied the
Agency’s proposal. A motion for waiver of various filing requirements also accompanied the
proposal.
On January 22, 2008, the Board received a comment on the proposed rule filed by David
F. Darling, P.E., and Alison Keane on behalf of the National Paint and Coatings Association
(NPCA) (PC 1).
In an order dated January 24, 2008, the Board accepted the Agency’s proposal for hearing
and granted the Agency’s motion for waiver of filing requirements. In a letter dated January 24,
2008, the Board requested that the Department of Commerce and Economic Opportunity
(DCEO) conduct an economic impact study of the Agency’s rulemaking proposal.
See
415 ILCS
5/27(b) (2006). DCEO has not responded to this request.
In an order dated February 13, 2008, the hearing officer scheduled a first hearing on April
30, 2008, in Springfield and a second hearing on June 4, 2008, in Chicago. Also in that order,
the hearing officer noted that the Agency’s TSD included a list of approximately 600 entities
potentially affected by the proposal.
See
TSD, Appendix A (Potentially Affected Manufacturers
in Illinois). The order stated that the Board began the proceeding by including each of those
entities in its Notice List and mailing each of them a copy of the order. However, the order also
stated that it would mail copies of any subsequent opinions and orders only to those who
specifically indicated by March 7, 2008, that they wished to remain on the Notice List. The
order included an Attachment A, which provided an electronic mail address, a facsimile number,
and a mailing address through which potentially affected entities could indicate their wish to
remain on the Notice List. The order also included an Attachment B, which contained the names
and addresses of all of the entities listed by the Agency in Appendix A to its TSD and to each of
which the Board had mailed the hearing officer order dated February 13, 2008.
On April 14, 2008, the Board received prefiled testimony from Mr. Joseph T. Yost on
behalf of the Consumer Specialty Products Association (CSPA) (Yost Test.). On April 16, 2008,
the Board received prefiled testimony from Ms. Heidi K. McAuliffe on behalf of the National
Paint and Coatings Association (NPCA) (McAuliffe Test.). Also on April 16, 2008, the Board
received prefiled testimony from Mr. Rory Davis on behalf of the Agency (Davis Test.). On the
same date, the Agency filed its first
errata
sheet (
Errata
1).
The first hearing in this proceeding took place as scheduled on April 30, 2008, in
Springfield. At the first hearing, the hearing officer admitted into the record two exhibits. The
first is a final rule adopted by USEPA and entitled “National Volatile Organic Compound
Emission Standards for Aerosol Coatings” (Exh. 1). Tr.1 at 42;
see
73 Fed. Reg. 15604-31 (Mar.
3
24, 2008). The second, a direct final rule adopted by USEPA, clarifies and amends certain
regulatory language in the aerosol coatings final rule (Exh. 2). Tr.1 at 42;
see
73 Fed. Reg.
15421-25 (Mar. 24, 2008). The Board received the transcript of the first hearing (Tr.1) on May
7, 2008.
On May 19, 2008, the Board received a second comment filed by Mr. Darling and Ms.
Kean on behalf of NPCA (PC 2).
The second hearing in this proceeding took place as scheduled on June 4, 2008, in
Chicago. At the second hearing, the hearing officer admitted into the record two additional
exhibits. The third exhibit is a final draft version of a “Model Rule for Consumer Products”
developed by the Ozone Transport Commission (OTC)
2
2
The Agency describes OTC as “an organization in the eastern states created under the Clean
Air Act.” TSD at 7, Statement at 4-5. Specifically, the OTC consists of the states of
Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New
York, Pennsylvania, Rhode Island, Vermont, Virginia, and the District of Columbia.” TSD at
17.
and dated September 13, 2006 (Exh. 3).
The fourth exhibit is the Agency’s second
errata
sheet, which was also received by the Board’s
Clerk on June 4, 2008 (Exh. 4 or
Errata
2). The Board received the transcript of the second
hearing (Tr.2) on June 11, 2008.
In an order dated June 11, 2008, the hearing officer set a deadline of July 11, 2008, for
filing post-hearing comments and a deadline of July 25, 2008, for filing a response to a post-
hearing comment. The order noted that the Board had mailed a copy of the February 13, 2008,
hearing officer order to each of approximately 600 entities listed by the Agency as potentially
affected by the proposal. The June 11, 2008, order also noted that the earlier order stated it
would mail copies of subsequent opinions and orders only to those who specifically indicated
that they wished to remain on the Notice List. The order stated that the Board had received this
indication from approximately 40 entities. The order also indicated that, after the Board mailed
the earlier hearing officer order to each of the approximately 600 entities listed by the Agency,
the United States Postal Service (USPS) had returned approximately 70 of them to the Board as
undeliverable. The order included as Attachment A the names and addresses of those entities
from which the February 13, 2008 hearing officer order had been returned to the Board by the
USPS.
On July 10, 2008, the Agency filed its post-hearing comments (PC 3). Also on July 10,
2008, the Agency filed its third
errata
sheet (
Errata
3). On July 25, 2008, the Illinois
Environmental Regulatory Group (IERG) filed its response to the Agency’s post-hearing
comments (PC 4).
On July 29, 2008, the hearing officer received through electronic mail a number of
questions and statements regarding the Agency’s proposal from Mr. Jim Kantola, Regulatory
Affairs Manager, Product Safety and Compliance, for AkzoNobel Decorative Paints US. That
communication has been filed with the Board’s Clerk as a public comment in this proceeding
(PC 5).
4
On October 8, 2008, the Board received a third comment filed by Mr. Darling and Ms.
Kean on behalf of NPCA (PC 6). NPCA’s comment addressed a single issue, requesting that the
proposal’s “implementation date be extended to at least July 1, 2009 to allow IL [Illinois]
adequate time to finalize and adopt the amendments to the AIM rule, and more importantly,
provide adequate time for industry to make necessary changes in order to comply with the
amendments.” PC 6 at 1.
On October 16, 2008, the Board issued its first notice opinion and order.
See
32 Ill. Reg.
17301-82 (Nov. 7, 2008). As noted above, the Board largely adopted the Agency’s proposal,
including changes contained in the three
errata
sheets submitted by the Agency. The Board also
substantively amended the Agency’s proposal, as described in the Board’s opinion. In its
opinion and order, the Board acknowledged receiving on October 8, 2008, NPCA’s third
comment addressing the implementation date of the proposed rule.
See
PC 6. Although the
Board noted that the deadline for filing post-hearing comments had passed on July 11, 2008, the
Board invited participants during the 45-day comment period to address the issue raised by NPCA.
During the first-notice comment period, the Board received comments from the
following:
Mr. Dave Carey, CHMM, Vice-President Plan Operation, on behalf of W.R.
Meadows, Inc. (Meadows) on November 14, 2008 (PC 7);
Mr. Jack Wickham, Director, on behalf of Ace Hardware Corporation (Ace
Hardware) on November 17, 2008 (PC 8);
Mr. Michael Murphy, Corporate Counsel, on behalf of Rust-Oleum Corporation
(Rust-Oleum) on November 20, 2008 (PC 9);
Mr. W. Kip Cleverley, CHMM, Director, Environment, Health & Safety, Product
Stewardship & Facilities, on behalf of Benjamin Moore Paints (Benjamin Moore)
on November 24, 2008 (PC 10);
Mr. Robert J. Lueders, President, on behalf of Sunnyside Corporation (Sunnyside)
on November 24, 2008 (PC 11);
Mr. Jim Boyce, Director of Technical Services, on behalf of Insl-x Products
Corporation (Insl-x) on November 24, 2008 (PC 12);
Mr. John C. Day, Vice President Environmental Health & Safety, on behalf of the
Henry Company on November 26, 2008 (PC 13);
Ms. Madelyn K. Hardin, Corporate Manager Regulatory Affairs, on behalf of the
Sherwin-Williams Company (Sherwin-Williams) on December 1, 2008 (PC 14);
5
Mr. Robert S. Gross, Manager, Environmental Stewardship Architectural
Finishes, on behalf of PPG Architectural Finishes, Inc. (PPG) on December 1,
2008 (PC 15);
Mr. David DeLarso, Senior Sales Representative – Northeast Market, on behalf of
Sika Corporation, formerly Valspar Flooring, (Sika) on December 1, 2008 (PC
16);
Mr. Jeff Trench, Sports Flooring Manager, on behalf of Sika on December 1,
2008 (PC 17);
Mr. Davdi Orser, Senior Chemist, on behalf of Sika on December 1, 2008 (PC
18);
Ms. Lisa Beth Szczupaj, Director of Business Development, on behalf of Sika on
December 2, 2008 (PC 19);
Ms. Marcella Nichols, CHMM, Regulatory Compliance Manager, on behalf of
True Value Manufacturing Company (True Value) on December 9, 2008 (PC 20);
Mr. Timothy Filas, Senior Production Planner, on behalf of Sika on December
10,2008 (PC 21);
Ms. Lisa Beth Szczupaj, Director of Business Development, on behalf of Sika on
December 15, 2008 (PC 22);
Mr. Charles E. Matoesian, Assistant Counsel, on behalf of the Agency (PC 23);
Ms. Lisa Frede, Director of Regulatory Affairs, on behalf of the Chemical
Industry Council of Illinois (CICI) on December 22, 2008 (PC 24); and
Senator Pamela J. Althoff of the 32nd District of the Illinois State Senate on
January 9, 209 (PC 25).
The Board summarizes these first-notice comments below.
SUMMARY OF FIRST NOTICE OPINION AND ORDER
In its first notice opinion and order, the Board noted that the Agency based its proposal
on OTC rules for consumer products and AIM coatings, which are themselves based on
California provisions. The Board also noted that OTC had amended its 2001 model rule for
consumer products with a 2006 version. The 2006 version includes VOM content standards for a
number of product categories in addition to those regulated by the 2001 version. The 2006
version also changed the scope of an exemption, potentially subjecting additional products to
regulation.
See
In the Matter of: Proposed New 35 Ill. Adm. Code Part 223 Standards and
6
Limitations for Organic Material Emissions for Area Sources, R08-17, slip op. at 45-46 (Oct. 16,
2008).
The Board noted that the Agency had not performed an independent analysis of the VOM
emission reductions expected from adoption of its proposed consumer products rule. The Board
also noted the Agency’s acknowledgement that it had relied on data compiled by the New Jersey
Department of Environmental Protection, which did not include all of the product categories
added by the 2006 version of the model rule. The Board also concluded that the record did not
plainly demonstrate the effect on costs or emission reductions that would result from changing an
exemption in the 2006 version.
See
In the Matter of: Proposed New 35 Ill. Adm. Code Part 223
Standards and Limitations for Organic Material Emissions for Area Sources, R08-17, slip op. at
46 (Oct. 16, 2008).
In its first-notice opinion and order, the Board omitted product categories and sub-
categories for which the 2006 version of the OTC model rule added VOM content standards.
The Board also did not amend the single exemption modified by the subsequent version. The
Board specifically invited “the Agency and any other participant to submit first-notice comments
on the technical feasibility and economic reasonableness of including these product categories
and that exemption at second notice.” In the Matter of: Proposed New 35 Ill. Adm. Code Part
223 Standards and Limitations for Organic Material Emissions for Area Sources, R08-17, slip
op. at 46 (Oct. 16, 2008). In all other respects, the Board found the Agency’s proposal
technically feasible and economically reasonable and adopted the proposal, amended by the
Agency’s three
errata
sheets and as described above.
Id
.
Also in its first-notice opinion and order, the Board noted a public comment filed by
NPCA on October 8, 2008. That comment requested that the Board extend the implementation
date of the proposed regulations to July 1, 2009. PC 6 at 1. NPCA argued that
“[i]t is impossible
for manufacturers to make these necessary changes and properly communicate the details of the IL
AIM rule without having a final adopted rule in hand, particularly, as additional changes may occur
between first notice and final adoption.”
Id
.
Although the Board noted that the deadline for filing
post-hearing comments has passed, the Board invited participants to comment on the proposed
extension. In the Matter of: Proposed New 35 Ill. Adm. Code Part 223 Standards and
Limitations for Organic Material Emissions for Area Sources, R08-17, slip op. at 4 (Oct. 16,
2008).
FIRST-NOTICE COMMENTS
Meadows (PC 7)
Meadows states that it “is a manufacturer of architectural coatings utilized in the
commercial concrete construction market and has a manufacturing operation in Hampshire,
Illinois.”’ PC 7 at 1. Meadows further states that it is a member of NPCA “and supports NPCA’s
request to extend the implementation date of the AIM rulemaking from January 1, 2009 to July
1, 2009. . . .”
Id
.
Meadows states that, for paint manufacturers, the proposed new regulations require time
to change thousands of paint formulations, develop and print new product labels, upgrade
7
various systems to prevent shipment of non-compliant products into Illinois, and communicate
the new VOM limits to distributors and customers. PC 7 at 1. Meadows argues that “[i]t is
impossible for manufacturers to make these necessary changes and properly communicate the
details of the Illinois AIM rule without having a final adopted rule in hand, particularly, as
additional changes may occur between now and final adoption.”
Id
. Meadows believes that the
effective date of the proposed regulations “must be moved to July 1, 2009.”
Id
.
Ace Hardware (PC 8)
Ace Hardware states that its “Paint Division produces the Ace brand paint for over 4,500
Ace Hardware stores in all 50 states and in 50 countries worldwide from our two plants in
Matteson, IL and Chicago Heights, IL.” PC 8 at 1. Ace Hardware annually produces more than
nine million gallons of Ace brand paint.
Id
. Ace Hardware further states that it is a member of
NPCA “and supports NPCA’s request to extend the implementation date of the AIM rulemaking
from January 1, 2009 to July 1, 2009. . . .”
Id
.
Ace Hardware states that, for paint manufacturers, the proposed new regulations require
time to change thousands of paint formulations, develop and print new product labels, upgrade
various systems to prevent shipment of non-compliant products into Illinois, and communicate
the new VOM limits to distributors and customers. PC 8 at 1. Ace Hardware argues that “[i]t is
impossible for manufacturers to make these necessary changes and properly communicate the
details of the Illinois AIM rule without having a final adopted rule in hand, particularly, as
additional changes may occur between now and final adoption.”
Id
. Ace Hardware believes that
the effective date of the proposed regulations “must be moved to July 1, 2009.”
Id
.
Rust-Oleum (PC 9)
Rust-Oleum states that it “is an international manufacturer and marketer of paints and
protective coatings” with its headquarters in Vernon Hills, Illinois. PC 9 at 1. Rust-Oleum
further states that it is a member of NPCA “and supports NPCA’s request to extend the
implementation date of the AIM rulemaking from January 1, 2009 to July 1, 2009. . . .”
Id
.
Rust-Oleum indicates that it has worked with various public and private entities to
develop regulations that reduce the VOM content of AIM coatings. PC 9 at 1. Rust-Oleum
states that, as a result of this work, it “has a full line of compliant coatings, including coatings
which will comply with the limits in the proposed Illinois AIM rule.”
Id
.
Rust-Oleum suggests that, because it manufactures for inventory and not for shipment, it
favors an extension of the implementation date to manage that inventory. PC 9 at 1.
Specifically, Rust-Oleum states that it has established separate product numbers and inventories
and has set up systems so that it does not ship a product into a jurisdiction where it does not
comply with VOM regulations.
Id
. Rust-Oleum indicates that it must change product numbers
used by its current Illinois customers so that future orders can be filled with corresponding
products that comply with the proposed regulations.
Id
. Rust-Oleum favors extending the
implementation date to July 1, 2009, so that it can change the distribution of its inventory to
thousands of distributors and retail customers in a more orderly and efficient manner.
Id
.
8
Benjamin Moore (PC 10)
Benjamin Moore states that it has been manufacturing paint for more than 125 years and
maintains one warehouse in Illinois. PC 10 at 1. Benjamin Moore further states that it is a
member of NPCA “and supports NPCA’s request to extend the implementation date of the AIM
rulemaking from January 1, 2009 to July 1, 2009. . . .”
Id
.
Benjamin Moore indicates that, for paint manufacturers, implementation of the proposed
regulations requires time to change product formulation, develop and print new labels for
reformulated products, convert its warehouse to compliant stock, revise systems and procedures,
and communicate both internally and with various other entities regarding the terms of the
proposal. PC 10 at 1. Benjamin Moore states that the extended implementation date is necessary
both for the state to adopt the amendments and “for industry to make necessary changes in order
to comply with the amendments.”
Id
.
Sunnyside (PC 11)
Sunnyside states that it “is a fourth generation, family-owned business found in Chicago
in 1893, and first incorporated in the State in 1921.” PC 11 at 1. Sunnyside further states that it
is a member of NPCA and “supports NPCA’s request to extend the implementation date of the
AIM rulemaking from January 1, 2009. . . .”
Id
.
Sunnyside states that, for manufacturers of paint, coating, and allied products, the
proposed regulation requires time to reformulate and test products, write new product labels,
upgrade computer systems and other tools that prevent shipment of non-compliant products, and
communicate with other participants in the market for these products. PC 11 at 1.
Consequently, Sunnyside requests extension of the implementation date to a time that considers
these practical issues.
Id
.
Insl-x (PC 12)
Insl-x states that it is “the parent company of Bruning Paint, Insl-x Products, Coronado
Paint, Lenmar Wood Finishes, and Trinity Coating.” PC 12 at 1. Insl-x further states that,
although it does not manufacture in Illinois, it operates a distribution center in Elk Grove
Village.
Id
. Insl-x also states that it is a member of NPCA “and supports NPCA’s request to
extend the implementation date of the AIM rulemaking from January 1, 2009 to July 1, 2009. . .
.”
Id
.
Insl-x states that, for paint manufacturers, the proposed new regulations require time to
change thousands of paint formulations, develop and print new labels for reformulated products,
upgrade various systems to prevent shipment of non-compliant products into Illinois, and
communicate the new VOM limits to distributors and customers. PC 12 at 1. Insl-x argues that
“[i]t is impossible for manufacturers to make these necessary changes and properly communicate
the details of the IL AIM rule without having a final adopted rule in hand, particularly, as
9
additional changes may occur between now and final adoption.”
Id
. Insl-x believes that the
effective date of the proposed regulations “must be moved to July 1, 2009.”
Id
.
Henry Company (PC 13)
Henry Company states that it “produces and sells a wide variety of home and building
repair and construction products in the U.S. and Canada,” several of which are affected by the
proposed regulation. PC 13 at 1. Henry Company further states that it is a member of NPCA
“and supports NPCA’s request to extend the implementation date of the AIM rulemaking from
January 1, 2009 to July 1, 2009. . . .”
Id
.
Henry Company states that, for paint manufacturers, the proposed new regulations
require time to change formulations, develop and print new labels for reformulated products,
upgrade various systems to prevent shipment of non-compliant products into Illinois, and
communicate the new VOM limits to distributors and customers. PC 13 at 1. Henry Company
argues that “[i]t is impossible for manufacturers to make these necessary changes and properly
communicate the details of the IL AIM rule without having a final adopted rule in hand,
particularly, as additional changes may occur between now and final adoption.”
Id
. Henry
Company believes that the effective date of the proposed regulations “should be moved to July 1,
2009.”
Id
.
Sherwin-Williams (PC 14)
Sherwin-Williams states that it employs approximately 26,000 persons at coating
manufacturing facilities and company-owned and -operated stores throughout the United States.
PC 14 at 1. Sherwin-Williams further states that it s the exclusive retailer for its own brand and
also distributes products under a number of brand names “through mass merchandisers, do-it-
yourself outlets, hardware stores, and by independent retailers.”
Id
. Sherwin-Williams reports
that, in addition to company-owned stores, it also owns and operates “a major manufacturing
facility and a large distribution center” in Illinois.
Id
.
Sherwin-Williams states that, for paint manufacturers, the proposed new regulations
require time to change formulations develop and print new labels for reformulated products,
upgrade various systems to prevent shipment of non-compliant products into Illinois, and
communicate the new VOM limits to distributors and customers. PC 14 at 1-2. Sherwin-
Williams argues that it cannot perform these tasks before final adoption of a rule.
Id
. at 2.
Sherwin-Williams believes that the effective date of the proposed regulations “must be moved to
July 1, 2009 or later.”
Id
.
PPG (PC 15)
PPG states that it “is a wholly owned subsidiary of PPG Industries, Inc., with many
manufacturing, distribution, and retail facilities throughout Illinois, including an architectural
coatings manufacturing facility located in Batavia, IL.” PC 15 at 1. PPG states that it is a
member of NPCA “and supports NPCA’s request to extend the implementation date of the AIM
rulemaking from January 1, 2009 to July 1, 2009. . . .”
Id
.
10
PPG states that, for paint manufacturers, the proposed new regulations require time to
change formulations, develop and print new labels for reformulated products, upgrade various
systems to prevent shipment of non-compliant products into Illinois, and communicate the new
VOM limits to distributors and customers. PC 15 at 1. PPG argues that it cannot perform these
tasks before final adoption of a rule.
Id
. Sherwin-Williams believes that the effective date of the
proposed regulations “must be moved to July 1, 2009 or later.”
Id
.
Sika (PC 16, 17, 18, 19, 21, 22)
Sika states that it was formerly known as Valspar Flooring and “has been a presence in
the Industrial Coating and Sports Floor Finish market for nearly 100 years.”
E.g.
, PC 16 at 1.
Sika further states that it for many years operated a production facility on the south side of
Chicago and ran management and operations from Wheeling.
Id.
Sika indicates that its
purchase of Valspar Flooring apparently did not include continued membership in NPCA. PC 22
at 1. The last of Sika’s six comments suggests that those comments speak for Sika as “a
formulator, producer and marketer AIM regulated paint and coating products.”
Id
. Sika states
that it continues to support an implementation date of January 1, 2009.
E.g.,
PC 16 at 1.
Sika argues that “[p]aint and coating companies have had sufficient time and notice to
respond to the rule which was to originally be implemented on January 1st of 2008.”
E.g.
, PC 16
at 1. Sika further argues that delay requires it to maintain two duplicate product lines, one “a
fully compliant line released prior to 2008” and another “left in place in order to compete with
others who continue to offer the noncompliant versions. . . .”
Id
. Sika states that it has changed
its products, labels, and systems to comply with the proposed regulations.
Id.
Sika suggests that
lack of similar efforts on the part of others in the industry should not justify an extension of the
implementation date.
Id
. Sika claims that a delayed implementation date would prevent it from
taking advantage of opportunities to be first-to-market with compliant products.
Id.
Sika
“strongly believes that the implementation date should be held at January 1st, 2009.”
Id
.
True Value (PC 20)
True Value states that it is a division of the True Value Company and employs 130
persons at its paint manufacturing facility in Cary. PC 20 at 1. True Value states that it is a
member of NPCA “and supports NPCA’s request to extend the implementation date of the AIM
rulemaking from January 1, 2009 to July 1, 2009. . . .”
Id
.
True Value states that, for paint manufacturers, the proposed new regulations require time
to change formulations, develop and print new labels for reformulated products, upgrade various
systems to prevent shipment of non-compliant products into Illinois, and communicate the new
VOM limits to distributors and customers. PC 20 at 1. True Value argues that it cannot perform
these tasks before final adoption of a rule.
Id
. True Value believes that the effective date of the
proposed regulations “must be moved to July 1, 2009 or later.”
Id
.
CICI (PC 24)
11
CICI states that it “is a statewide trade association representing the chemical and paint
industry in Illinois.” PC 24 at 1. CICI further states that it “has 198 member companies
employing over 49,000 workers in 726 manufacturing facilities and 877 wholesale and
distribution facilities in Illinois.”
Id
. CICI supports NPCA’s request to extend the
implementation date of the proposed rules to July 1, 2009.
Id
.
CICI argues that the requested extension of the implementation date will allow adequate
time to complete the rulemaking process, adopt final rules, and allow affected industries to
comply with new requirements. PC 24 at 1. Specifically, CICI notes that the first notice
comment period ended December 22, 2008, and that the Board must submit a second notice
proposal for review by the Joint Committee on Administrative Rules.
Id
. CICI argues that “this
does not allow enough time for the [S]tate of Illinois to meet the set implementation date of
January 1, 2009 for finalization of the rule. It seems reasonable then to allow both the state and
industry the time to ensure that the implementation of the proposed rule will occur smoothly.”
Id
.
Senator Althoff (PC 25)
Senator Althoff states that, while “wholeheartedly” supporting implementation of the
proposed VOM rule, she supports NPCA’s request to extend the implementation date to July 1,
2009. PC 25 at 1. Noting the various changes required for that implementation, she argues that
extension “will permit a more orderly and economically feasible compliance” with greater
cooperation by affected entities while limiting business interruption and the risk of product
recalls.
Id
.
Agency (PC 23)
The Agency states that, after reviewing the record in this proceeding, it “maintains that
the VOM limits to categories omitted by the Board as additional categories added by the 2006
OTC model rule are both technically feasible and economically reasonable. The Agency also
maintains that it provided adequate support to demonstrate technical and economic feasibility.”
PC 23 at 1. The Agency argues that it included VOM limits for these categories reflected
communication with affected industries and consistency with regulations in effect in other
jurisdictions.
Id
. The Agency claims that “the affected industry associations generally supported
the rulemaking in testimony before the Board.”
Id
. at 1-2.
However, the Agency states that, to avoid delay in final adoption of the proposed rule, it
“will not be submitting further technical support for these categories.” PC 23 at 2. The Agency
states that “[t]he final rules, as amended by the Board, will still achieve the majority of the
anticipated VOM reductions from the categories included in the Board First Notice Draft.”
Id
.
The Agency “encourages the Board to proceed expeditiously towards the adoption of a second
notice opinion and order adding Part 223.”
Id
. The Agency’s comments did not address the
issue of the implementation date of the proposed regulations.
See generally
PC 23.
DISCUSSION
12
The Board notes the Agency’s comment regarding VOM limits for categories added by
the 2006 revision of the OTC model rule and omitted by the Board from its first-notice opinion
and order. As the Agency offers no additional technical support for including these categories in
the proposed Part 223 and clearly desires to avoid any delay in adopting the proposed
regulations, the Board will not include those categories in its second-notice opinion and order.
After reviewing the record including the first-notice comments summarized above, the
Board finds that the January 1, 2009 implementation date originally proposed by the Agency
should be extended to July 1, 2009. The Board finds that this extension provides regulated
entities a reasonable opportunity to take practical steps such as product reformulation to
implement the proposed new Part 223. While the Board notes Sika’s comments that it complies
with the proposed rule, the Board cannot conclude that other entities failed to demonstrate
appropriate effort by allowing this rulemaking to proceed closer to final adoption before
implementing its requirements. With adoption of this second-notice opinion and order, the
Board today moves significantly closer toward adoption of enforceable regulations.
With the exception of extending the implementation date to July 1, 2009, the
amendments proposed in the Board’s order below are substantively unchanged from the Board’s
first-notice opinion and order dated October 16, 2008. In the following section of this opinion,
the Board summarizes its second-notice proposal.
SUMMARY OF SECOND-NOTICE PROPOSAL
Proposed Subpart A: General Provisions
Severability (Section 223.100)
The Board proposes to add a section providing in its entirety that, “[i]f any Section,
subsection, or clause of this Part [223] 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.” Prop. at 2
(proposed new Section 223.100), Statement at 13.
Abbreviations and Acronyms (Section 223.105)
The Board proposes to add a section providing that, “[u]nless otherwise specified within
this Part [223], the abbreviations used in this Part shall be the same as those found in 35 Ill.
Adm. Code 211.” Prop. at 2 (proposed new Section 223.105), Statement at 13;
see
35 Ill. Adm.
Code 211 (definitions and general provisions applicable to emission standards and limitations for
stationary sources). The proposed new section lists a number of abbreviations and acronyms.
Prop. at 3;
see also
TSD at 2 (List of Acronyms).
Incorporations by Reference (Section 223.120)
The Board proposes to add language incorporating by reference various materials. Prop.
at 3-6 (proposed new Section 223.120), Statement at 13. The proposed new section specifically
13
provides that “[t]hese incorporations do not include any later amendments or additions.” Prop. at
3, Statement at 13.
During the second hearing, the hearing officer directed to the Agency a number of
questions about this proposed section. First, regarding subsections (a) through (e) incorporating
materials from the Code of Federal Regulations, the hearing officer requested that the Agency
make these five incorporations consistent with one another, particularly with regard to their
citations to the Federal Register. Tr.2 at 52-53. The Agency addressed this request in its third
errata
sheet.
Errata
3 at 2-3.
Second, regarding various subsections in which the Agency sought to incorporate
materials from the South Coast Air Quality Management District (SCAQMD), Bay Area Air
Quality Management District (BAAQMD), and CARB, the hearing officer requested that the
Agency supply an address for these three entities through which the public can obtain copies of
the materials sought to be incorporated. Tr.2 at 53;
see
5 ILCS 100/5-75(a) (2006) (Illinois
Administrative Procedure Act). The Agency addressed this request in its third
errata
sheet.
Errata
3 at 4.
Third, the hearing officer noted that, although an SCAQMD analytical method filed with
the Board indicates approval in July 1996, the proposed incorporation refers to approval on
August 10, 1998. Tr.2 at 53;
see
Prop. at 5 (proposed Section 223.120(i));
but see
Prop., Att.
B(i) (SCAQMD Method 318-95 approved July 1996). The hearing officer asked that the Agency
“clarify whether there is a subsequent version of this method that the Board would need to obtain
as part of its record in its proceeding.” Tr.2 at 53. The Agency did not specifically address this
issue in its third
errata
sheet.
See Errata
3 at 2-5 (amending proposed Section 223.120).
Accordingly, the Board amended the Agency’s proposal to reflect the 1996 date of the document
filed with it.
See
5 ILCS 100/5-75(c) (2006) (requiring Board to maintain copy of incorporated
material). Although the Board’s first-notice opinion sought comment on this amendment, none
of the first-notice comments summarized above addressed the issue.
Fourth, the hearing officer noted that, although two BAAQMD analytical methods filed
with the Board indicate proposed amendment dated February 4, 2004, the proposed incorporation
refers to amendments dated May 18, 2005. Tr.2 at 54;
see
Prop. at 5 (proposed Sections
223.120(j), (k));
but see
Prop., Att. B(j), (k) (BAAQMD Methods 43 and 41, respectively). The
hearing officer asked that the Agency clarify “whether there is a subsequent version of the
method that the Board would need to obtain a copy of for the record in this proceeding.” Tr.2 at
54. The Agency did not specifically address this issue in its third
errata
sheet.
See Errata
3 at
2-5 (amending proposed Section 223.120). Accordingly, the Board amended the Agency’s
proposal to reflect the 2004 date of the methods filed with it.
See
5 ILCS 100/5-75(c) (2006)
(requiring Board to maintain copy of incorporated material). Although the Board’s first-notice
opinion sought comment on this amendment, none of the first-notice comments summarized
above addressed the issue.
Fifth, the hearing officer noted that, although an SCAQMD rule filed with the Board
indicates adoption on October 5, 1990, the proposed incorporation refers to approval on February
27, 1991. Tr.2 at 54;
see
Prop. at 5 (proposed Section 223.120(i));
but see
Prop., Att. B(m)
14
(SCAQMD Rule 1174 adopted October 5, 1990). The hearing officer asked the Agency to
“clarify whether there is some subsequent version, updated version of that document that the
Board would need to obtain.” Tr.2 at 54. The Agency did not specifically address this issue in
its third
errata
sheet.
See Errata
3 at 2-5 (amending proposed Section 223.120). Accordingly,
the Board amended the Agency’s proposal to reflect the 1990 adoption date of the document
filed with it.
See
5 ILCS 100/5-75(c) (2006) (requiring Board to maintain copy of incorporated
material). Although the Board’s first-notice opinion sought comment on this amendment, none
of the first-notice comments summarized above addressed the issue.
Sixth, the hearing officer noted that Agency wishes to incorporate a provision of the
California Administrative Code. Tr.2 at 54;
see
Prop. at 5 (proposed subsection 223.120(n)),
CAL. CODE REGS., tit. 17, § 94509. The hearing officer noted that, in the copy of those
regulations filed with the Board, five images appearing to contain VOC content limits appeared
as not available for printing. Tr.2 at 55;
see
Prop., Att. B(n) (regulatory language). The hearing
officer requested that the Agency complete the document by filing a copy including those
images. Tr.2 at 55. The Agency responded to this request by filing a copy of the regulatory
language as an attachment to its post-hearing comments. PC 3, Att. 3.
Finally, the Board notes that the Agency in its third
errata
sheet proposed to strike from
materials incorporated by reference one set of test methods from the American Society for
Testing and Materials (ASTM) and to add to those materials ASTM Method D86-07b for
distillation of petroleum products.
Errata
3 at 3-4. The Agency supplied the Board with a copy
of this method by submitting it as an attachment to its post-hearing comments. PC 3, Att. 1.
Proposed Subpart B: Consumer and Commercial Products
USEPA regulates consumer and commercial products through a rule promulgated on
September 11, 1998. TSD at 5, citing 40 C.F.R. 59 Subpart D; TSD at 17 (noting authority
under Section 183(e) of Clean Air Act). Use of these products results in solvent evaporation and
the emission of VOM. TSD at 9. The USEPA rule limits the VOM content of 24 categories of
consumer and commercial products and is estimated to have reduced VOM emissions from those
categories by 20 percent from uncontrolled levels. TSD at 5, 17. Emissions attributable to those
24 categories, however, “account for only 48 percent of the consumer and commercial products
emission inventory.”
Id
. at 5-6, 17, citing Prop., Att. A(3) (Interim White Paper – Midwest
Regional Planning Organization Candidate Control Measures, Source Category: Consumer and
Commercial Products, MACTEC, December 1, 2005).
Under the USEPA rule, “a consumer product is any household or institutional product
(including paints, coatings, and solvents), or substance, or article (including any container or
packaging) held by any person, the use, consumption, storage, disposal, destruction, or
decomposition of which may result in the release of VOC.” TSD at 8, citing 40 C.F.R. 59.202;
Statement at 5. “Consumer and commercial products are chemically formulated products 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.” TSD at 8,
Statement at 5-6. The description also includes aerosol adhesives, including those for consumer,
15
industrial, and commercial uses. TSD at 8, Statement at 6. It does not however, “include other
paint products, furniture coatings, or architectural coatings.” TSD at 8, Statement at 6.
“Consumer and commercial products are sold to retail customers for personal, household, or
automotive use” and also are sold “by wholesale distributors for use in commercial or industrial
settings such as beauty shops, schools, and hospitals.” TSD at 8.
The Agency noted that the Emission Inventory Improvement Program separates the
category of consumer and commercial products into seven categories: “personal care products,
household products, automotive aftermarket products, adhesives and sealants, FIFRA regulated
products, coatings and related products, and miscellaneous products.” TSD at 14, citing Prop., at
Att. A(1) (Emission Inventory Improvement Program Volume III, Chapter 5 Consumer and
Commercial Solvent Use, August 1996). For the purposes of its proposal, however, the Agency
divided the source category into 59 product categories, each with a VOM content limit expressed
in percentage VOM by weight. TSD at 10-14 (Table 2.2.1 Proposed Regulated Product
Categories and Limits), Prop. at 29-35 (proposed Section 223.205).
The Agency noted that it produced a 2002 ozone inventory, which includes “a
comprehensive inventory of VOM emissions from consumer and commercial products statewide,
and for both NAAs [nonattainment areas] in Illinois. TSD at 14, citing Prop., Att. A(15) (Illinois
Base Year Ozone Inventory for 2002 (June 2006)). That inventory includes emission factors for
each of seven product categories expressed in pounds per year per person. TSD at 15 (Table
2.2.2 Consumer Product Emission Factors by Category), Prop., Att. A(15) at 46 (Table 4-12
Consumer Solvent Use Emission Factors (lb/person/year)).
The Agency’s data also include an inventory of VOM emissions attributable to consumer
and commercial products during both the ozone season and the entire year. TSD at 15-16 (Table
2.2.3), citing Prop., Att. A(2) (Illinois Periodic Emission Inventory and Milestone Demonstration
for 2002); Prop., Att. A(15) (Illinois Base Year Ozone Inventory for 2002 (June 2006)). The
data show that “consumer and commercial products account for approximately 4.95% of total
statewide anthropogenic VOM emissions during the ozone season and approximately 8.51% of
those emissions for the entire year. TSD at 9, 16, Statement at 6. In the Metro East/St. Louis
NAA, consumer and commercial products account for approximately 4.93% of total
anthropogenic VOM emissions during the ozone season and approximately 6.89% of those
emissions for the entire year. TSD at 9, 16, Statement at 6. In the Chicago NAA, consumer and
commercial products account for approximately 9.22% of total anthropogenic VOM emissions
during the ozone season and approximately 13.45% of those emissions for the entire year. TSD
at 9, 16, Statement at 6. “Consumer and commercial products are estimated to emit 81.86 tons of
VOM per day in Illinois” during the ozone season and to emit 124.80 tons per day over the entire
year. TSD at 16 (Table 2.2.3);
see
Statement at 6.
The Agency claimed that “[t]he most effective approaches for achieving reductions in
this source category are reformulating products currently employing VOM solvents and
replacing them with water based formulations or formulations employing acetone or other
exempt solvents.” TSD at 16, Statement at 6-7, 12. The Agency further argued that “[o]ther
measures for reduction in this category include increasing the solids content of products,
16
formulating non-VOM propellants for products, or changing the valves, containers, or delivery
systems of the products to reduce VOM content.” TSD at 16, Statement at 7, 12.
The Agency estimated that adoption of its proposed rule “will result in a 14.2% reduction
in VOM emission from consumer and commercial products beyond those achieved by the
current federal rule.” Statement at 7, TSD at 29, citing Prop., Att. A(3) (Interim White Paper –
Midwest Regional Planning Organization Candidate Control Measures, Source Category:
Consumer and Commercial Products, MACTEC, December 1, 2005). This translates into a
reduction of approximately 17.72 tons per day or 6468 tons of VOM per year in Illinois.
Statement at 7, TSD at 29, citing Prop., Att. A(15) (Illinois Base Year Ozone Inventory for 2002
(June 2006)). This represents “a reduction of nearly 1% of the total anthropogenic VOM
emissions in the State.” Statement at 7, TSD at 29.
In his testimony prefiled on behalf of CSPA on April 14, 2008, Mr. Yost indicted that
USEPA is developing revisions to its consumer products rule and that USEPA expects to issue
its proposed revisions in May of 2008. Yost Test. at 3. At the first hearing, Mr. Yost elaborated
that USEPA considered May to remain the target date for issuance of the revised consumer
products rule. Tr.1 at 46 (referring to discussions with Mr. Bruce Moore of USEPA). He also
stated that he expected the implementation date of the revised rule to fall sometime between May
and August of 2009.
Id
. Similarly, IERG expects USEPA to propose amended consumer
products rules in the late summer or early fall of 2008 with promulgation in the spring of 2009.
PC 4 at 3 (referring to e-mail from Mr. Bruce Moore of USEPA).
In his testimony at the first hearing, Mr. Davis acknowledged that the Agency “would
have to address” any ways in which a USEPA proposal differed from its own. Tr. 1 at 11-12. At
the second hearing, however, he indicated that the expected date for proposing and promulgating
that USEPA consumer products rule “keeps getting pushed back.” Tr.2 at 11.
Purpose (Section 223.200)
The Board proposes to add a section providing in its entirety that “[t]he purpose of this
Subpart [B] is to limit emissions of volatile organic materials (VOMs) by requiring reductions in
the VOM content of consumer and commercial products.” Prop. at 6 (proposed new Section
223.200), Statement 13.
Applicability (Section 223.201)
The Board proposes to add a section providing in its entirety that, “[e]xcept as provided
in Section 223.230 [Exemptions], this Subpart shall apply to any person who sells, supplies,
offers for sale, or manufactures consumer products on or after July 1, 2009, for use in Illinois.”
Prop. at 6 (proposed new Section 223.201), Statement at 13-14.
Definitions (Section 223.203)
The Board proposes to add a section listing definitions applicable to the provisions of
Subpart B. Prop. at 6-29 (proposed new Section 223.203), Statement at 14. The Board also
17
proposes to include language providing that, “[u]nless otherwise defined in this Section, the
definitions of terms used in this Subpart shall have the meanings specified for those terms in 35
Ill. Adm. Code 211.” Prop. at 6, Statement at 14;
see
35 Ill. Adm. Code 211 (definitions and
general provisions applicable to emission standards and limitations for stationary sources).
In its second
errata
sheet, the Agency proposed a number of technical changes.
Errata
2
at 1-2. First, the Agency clarified that ASTM methods included in three definitions are
incorporated by reference.
Id
.;
see
Prop. at 4 (proposed new Section 223.120). Also, in five
definitions, the Agency changed the term “Part” to “Subpart” to clarify the applicability of those
definitions.
Errata
2 at 2-4;
see
Tr.1 at 27-28. Similarly, the Agency in its third
errata
sheet
proposed a number of technical changes “to clarify the definitions of certain words.”
Errata
3 at
5;
see
Tr.2 55-56.
Standards (Section 223.205)
The Board proposes to add a section providing that, with certain specified exceptions,
“no person shall sell, supply, offer for sale, or manufacture for sale in Illinois any consumer
product manufactured on or after July 1, 2009, which contains VOMs in excess of the limits
specified in this subsection.” Prop. at 29, Statement at 14. For 60 categories of affected
products, the Board proposes VOM content limits expressed in terms of “% VOM by Weight.”
Prop. at 29-35 (proposed Section 223.205(a)), TSD at 10-14 (Table 2.2.1 Proposed Regulated
Product Categories and Limits). The proposed section also provides that “[n]o person shall sell,
supply, offer for sale, or manufacture for sale in Illinois, on and after July 1, 2009, any
antiperspirant or deodorant that contains any” of 17 listed compounds. Prop. at 35 (proposed
Section 223.205(b)), Statement at 14.
In his testimony on behalf of the Agency, Mr. Davis expressed the assumption that
affected entities had sufficient time to comply with the provisions of the proposed rule by the
compliance date of January 1, 2009. Tr.2 at 9. His testimony also acknowledged that, because
compliance with the ozone standard must be demonstrated by June 15, 2010, the Agency’s
proposal can potentially influence only the 2009 ozone season.
Id
. at 10. In her testimony on
behalf of IERG, Ms. Hodge asked why the Agency had “waited until this point in time to
propose the rule?”
Id
. at 10-11. In its post-hearing comments, the Agency responded that it
filed the proposed regulation as soon as was possible given the staff resources,
and the combination of the Consumer Products rule with [the] AIM Coatings rules
and the now withdrawn Aerosol Coating rule. An extensive amount of
consultation with the affected industry groups to ensure the rules were consistent
and acceptable to stakeholders was an additional factor in the timing of the
Agency’s filing of the proposed regulations. PC 3 at 1 (§2);
see
Davis Test. at 3.
In his testimony on behalf of the CSPA, Mr. Yost noted that, unlike the OTC model rule, the
Agency’s proposal included no provision for obtaining a variance from the VOM content
standards. Tr.1 at 39. Addressing that issue for the Agency, Mr. Davis stated that “Illinois has
its own variance procedures that we follow.”
Id.
,
see
415 ILCS 5/35-38 (Variances). Ultimately,
18
Mr. Yost supported the Agency’s proposed compliance date of January 1, 2009, characterizing it
as “absolutely critical” and “consistent with what the other states are doing.” Tr.1 at 45.
Diluted Products (Section 223.206)
The Board proposes to add a section providing that, “[f]or consumer products for which
the label, packaging, or accompanying literature specifically states that the product should be
diluted with water or non-VOM solvent prior to use, the limits specified in Section 223.205(a)
shall apply to the product only after the minimum recommended dilution has taken place.” Prop.
at 36 (proposed Section 223.206(a)), Statement at 14-15. The Board also seeks to clarify that
“the minimum recommended dilution shall not include recommendations for incidental use of a
concentrated product to deal with limited special application such as hard-to-remove soils or
stains.” Prop. at 36 (proposed Section 223.206(b), Statement at 15. Finally, the Board proposes
language providing that, “[f]or consumer products for which the label, packaging, or
accompanying literature states that the product should be diluted with any VOM solvent prior to
use, the limits specified in Section 223.205(a) shall apply to the product only after the maximum
recommended dilution has taken place.” Prop. at 36 (proposed Section 223.206(c)), Statement at
15.
Products Registered under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) (Section 223.207)
The Board proposes to add a section providing that, for products registered under FIFRA,
“the effective date of the VOM standards will be July 1, 2010.” Prop. at 36 (proposed Section
223.207), Statement at 15. In its second
errata
sheet, the Agency proposed language “to clarify
that the FIFRA section specified was incorporated by reference.”
Errata
2 at 4 (§3). In
responding to a question at the first hearing, Mr. Yost accounted for this effective date. He
stated that a number of consumer products, such as those that kill mold or mildew, are regulated
as a pesticide by FIFRA. Tr.1 at 29. He further stated that changes such as the formulation or
labeling of pesticides require approval under FIFRA both by USEPA and the state Department of
Agriculture.
Id.
at 29-30. He testified that the OTC model rule and regulations in other states all
“provide one additional year because it takes that additional time to work through other sister
agencies to get approval for any type of change.”
Id
. at 30.
Requirements for Aerosol Adhesives (Section 223.208)
The Board proposes to add a section providing that, as specified in particular language in
California statutes, “the standards for aerosol adhesives apply to all uses of aerosol adhesives,
including consumer, industrial, and commercial uses.” Prop. at 36 (proposed Section
223.208(a)), Statement at 15;
see
Prop., Att. B(o) (CAL. HEALTH AND SAFETY CODE §
41712(h)(2) (2005)). In its second
errata
sheet, the Agency proposed to clarify that this
California provision was incorporated by reference.
Errata
2 at 4 (§4).
The proposed section continues by stating that, subject to specified exceptions, “no
person shall sell, supply, offer for sale, use or manufacture for sale in Illinois any aerosol
adhesive that, at the time of sale, use, or manufacture, contains VOMs in excess of the specified
19
standard.” Prop. at 36 (proposed Section 223.208(a)), Statement at 15. In its third
errata
sheet,
the Agency proposed to strike an inadvertently repeated cross-reference to one of the stated
exceptions.
Errata
3 at 7 (§4);
see
Tr.2 at 56.
The Board also proposes a subsection (b) providing that, in order to qualify as a “Special
Purpose Spray Adhesive,” a product must satisfy one or more of the proposed definitions of that
term. Prop. at 36 (proposed Section 223.208(b)(1)), Statement at 15;
see
Prop. at 26-27
(proposed definition). The proposed subsection (b) continues by providing that, “if the product
label indicates that the product is suitable for use on any substrate or application not listed in the
definitions for Special Purpose Spray Adhesive, then the product shall be classified as either a
Web Spray Adhesive or a Mist Spray Adhesive. Prop. at 36-37 (proposed Section
223.208(b)(1)), Statement at 15-16. The Board also proposes that, if a product meets more than
one of the definitions of Special Purpose Spray Adhesive and is not classified as a Web Spray
Adhesive or Mist Spray Adhesive, “then the VOC limit for the product shall be the lowest
applicable VOM limit specified in Section 223.205(a) [Standards].” Statement at 16, Prop. at 37
(proposed Section 223.208(b)(2)).
The Board also proposes a subsection (c) stating that, effective July 1, 2009, “no person
shall sell, supply, offer for sale, or manufacture for use in Illinois” aerosol adhesives containing
any of three specified compounds. Prop. at 37 (proposed Section 223.208(c)), Statement at 16.
The Board also proposes that all aerosol adhesives must comply with proposed additional
labeling requirements for aerosol adhesives, adhesive removers, electronic cleaner, electrical
cleaner, energized electrical cleaner, and contact adhesives. Prop. at 37 (proposed Section
223.208(d)), Statement at 16;
see
Prop. at 43-44 (proposed Section 223.265 additional labeling
requirements).
Requirements for Floor Wax Strippers (Section 223.209)
The Board proposes to add a section providing that, on and after July 1, 2009, no person
shall sell, supply, offer for sale, or manufacture for use in Illinois any floor wax stripper unless
certain special labeling requirements concerning dilution ratios are met.” Statement at 16, Prop.
at 37 (proposed Section 223.209). Specifically, non-aerosol floor wax stripper labels must
specify, for light or medium build-up of polish, a dilution ratio resulting “in an as-used VOM
concentration of three percent by weight or less.” Prop. at 37 (proposed Section 223.209(a)).
Those labels must require, for removal of heavy build-up, a dilution ratio “that results in an as-
used VOM concentration of 12% by weight or less.”
Id
. (proposed Section 223.209(b)). The
Board’s proposal does not require use of the specific term “light build-up,” “medium build-up,”
or “heavy build-up,” as long as labels use comparable terminology.
Id
. (proposed Section
223.209(c)).
Products Containing Ozone-Depleting Compounds (Section 223.210)
The Board proposes to add a section providing that, for consumer products subject to
VOM content standards, “no person shall sell, supply, offer for sale, or manufacture for sale in
Illinois any consume product that contains any of” fifteen specified ozone-depleting compounds.
Prop. at 37-38 (proposed Section 223.210(a)), Statement at 16;
see
Prop. at 29-35 (proposed
20
standards). The Board also proposes to provide exceptions for “any product formulation existing
as of July 1, 2009 that complies with Section 223.205(a) [Standards] or is reformulated to meet
Section 223.205(a), provided the ozone-depleting compound content of the reformulated product
does not increase.” Prop. at 38 (proposed Section 223.210(b)), Statement at 16-17. In addition,
the Board proposes language providing that the prohibition does not apply “to any ozone
depleting compounds that may be present as impurities in a consumer product in an amount
equal to or less than 0.01% by weight of the product.” Prop. at 38 (proposed Section
223.210(c)), Statement at 17.
Requirements for Charcoal Lighter Material (Section 223.220)
The Board proposes to add a section providing that, on and after July 1, 2009, no person
shall sell, supply, or offer for sale charcoal lighter material, unless the material at the time of the
transaction has an effective CARB certification under a specified California regulation. Prop. at
38 (proposed Section 223.220(a)), Statement at 17;
see
Prop., Att. B(n) (CAL. CODE REGS. tit. 17,
§ 94509(h) (2005)). In its second
errata
sheet, the Agency clarified that this California provision
was incorporated by reference.
Errata
2 at 4-5 (§5). The Board also seeks to clarify that “[t]his
certification remains in effect for Illinois for as long as the CARB certification remains in
effect.” Prop. at 38, Statement at 17.
The Board also proposes language providing that, as an alternative, “the person may
demonstrate that, at the time of the transaction, the manufacturer had been issued a certification
by an air pollution agency of another state and USEPA that was current at the time of the
transaction.” Prop. at 39 (proposed Section 223.220(b)), Statement at 17. Finally, the Board
also proposes that a manufacturer claiming to have this certification must submit, at the
Agency’s request, “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 USEPA.”
Prop. at 39 (proposed Section 223.220(c)), Statement at 17.
Exemptions (Section 223.230)
The Board adds a section listing categories of products that are exempt from the proposed
regulation. Prop. at 39-40 (proposed Section 223.230), Statement at 17. First, the Board
proposes to exempt
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. Prop. at 39 (proposed
Section 223.230(a)), Statement at 17.
Second, the Board proposes that, “[f]or 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).” Prop. at 39 (proposed Section 223.230(b)), Statement at 17:
see
Prop. at 29-35 (proposed Section 223.205 standards). Third, the Board provides that the
21
VOM content limits “shall not apply to fragrances up to a combined level of two percent by
weight contained in any consumer product and shall not apply to colorants up to a combined
level of two percent by weight contained in any antiperspirant or deodorant.” Prop. at 39
(proposed Section 223.230(c)), Statement at 17-18. Fourth, the Board also seeks to provide that
the VOM content limits “for antiperspirants and deodorants shall not apply to those volatile
organic materials that contain more than 10 carbon atoms per molecule and for which the vapor
pressure is unknown, or that have a vapor pressure of two mm Hg or less at 20ºC.” Prop. at 39
(proposed Section 223.230(d)), Statement at 18.
Fifth, the Board proposes that the VOM content limits “shall not apply to any LVP-VOM
[Low Vapor Pressure – Volatile Organic Material].” Prop. at 39 (proposed Section 223.230(e)).
In responding to a question at the first hearing, Mr. Davis indicated that, if a product contains
other types of VOM, it is still subject to the VOM standards. Tr.1 at 32. Sixth, the Board seeks
to provide that the product dating requirements of the proposal do not apply to consumer
products regulated under FIFRA. Prop. at 39 (proposed Section 223.230(f)), Statement at 18;
see
Prop. at 41-42 (proposed Section 223.250 product dating provisions), Prop., Att. B(s) (FIFRA).
Seventh, the Board proposes to exempt from VOM content limits “air fresheners that are
comprised entirely of fragrance, less compounds not defined as VOMs under Section 211.7150
or exempted under subsection (f).” Prop. at 39 (proposed Section 223.230(g)), Statement at 18;
see
35 Ill. Adm. Code 211.7150 (defining VOM or VOC).
Eighth, the Board also proposes to exempt from VOM content limits “air fresheners and
insecticides containing at least 98% para-dichlorobenzene.” Prop. at 39 (proposed Section
223.230(h)), Statement at 18. Ninth, the Board offers an exemption from VOM content limits
for “adhesives sold in containers of one fluid ounce or less.” Prop. at 40 (proposed Section
223.230(i)), Statement at 18. Tenth, and finally, the Board proposes to exempt “bait station
insecticides” from VOM content limits. Prop. at 40 (proposed Section 223.230(j)). For the
purpose of this section, the proposal defines “bait station insecticides” as “containers enclosing
an insecticidal bait that is not more than 0.5 ounce by weight, when the bait is designed to be
ingested by insects and is composed of solid material feeding stimulants with less than five
percent active ingredients.” Prop. at 40, Statement at 18.
Innovative Product Exemption (Section 223.240)
The Board proposes to add a section providing an innovative product exemption, which
allows “qualified manufacturers to sell products that have VOC contents greater than the
applicable VOC limit, provided they demonstrate that such products actually emit less VOCs
than representative products that comply with the VOC limit.” TSD at 19 (§2.4 Flexibility in
Compliance Measures), Statement at 10. The Agency claimed that, in both California and the
OTC states, “various manufacturers have formulated technologically-advanced products that are
more concentrated, higher in efficacy, or have some other chemical or physical properties that
permit users to release less VOCs when using such products.” Statement at 10, TSD at 19-20,
citing Prop., Att. A(6) at 61, 222 (Initial Statement of Reasons for Proposed Amendments to the
California Consumer Products Regulations (Sept. 10, 1999)).
22
The proposal provides that a manufacturer of consumer products granted an Innovative
Product exemption by CARB according to specific regulations shall be exempt from the VOM
content limits for the time the exemption remains in effect, provided that all consumer products
within the CARB Innovative Products exemption are contained in the proposal’s content limits.
Prop. at 40 (proposed Section 223.240(a)), Statement at 18-19;
see
Prop., Att. B(q) (CAL. CODE
REGS. tit. 17, § 94511 (1997)), Prop., Att. B(r) (CAL. CODE REGS. tit. 17, § 94503.5 (1996)). In
its second
errata
sheet, the Agency proposed to clarify that the applicable California regulations
were incorporated by reference.
Errata
2 at 5 (§6). The Board also proposes that manufacturers
claiming this exemption must submit to the Agency the CARB decision granting the exemption,
including all applicable conditions established by CARB. Prop. at 40, Statement at 19.
The Board establishes special recordkeeping requirements. The Board proposes to
require that all information specified in the approval of the innovative product exemption “shall
be maintained by the responsible party for a minimum of three years after the expiration of such
exemption.” Prop. at 40 (proposed Section 223.240(b)(1)), Statement at 19. The Board also
proposes to require that “[t]he records shall be clearly legible and maintained in good condition
during this period.” Prop. at 40, Statement at 19. Finally, the Board offers language providing
that these records “shall be made available to the Agency, or its authorized representative, upon
request.” Prop. at 40 (proposed Section 223.240(b)(2)), Statement at 19.
Alternative Compliance Plans (Section 223.245)
The Board proposes to add a section providing for an alternative compliance plan (ACP),
which allows “for approved manufacturers of affected consumer products to use emissions
averaging for their product lines.” TSD at 20, Statement at 10. The Agency stated that,
generally,
emissions averaging under approved ACP plans allows manufacturers to choose
the least-cost or other advantageous reformulation options for its product lines.
Rather than directly complying with the VOC limit for each product,
manufacturers can choose to ‘overcomply’ with some reformulations in order to
offset the ‘undercompliance’ of other product lines. TSD at 20, citing Prop., Att.
A(6) at 222 (Initial Statement of Reasons for Proposed Amendments to the
California Consumer Products Regulations (Sept. 10, 1999)); Statement at 10-11.
The Agency indicated that the ACP provisions intend to provide an alternative method for
compliance with VOM content limits. Prop. at 40 (proposed Section 223.245(a)), Statement at
11, 19. Specifically, the proposal allows responsible ACP parties the option of voluntarily
entering into separate ACPs for consumer products and limits the option to those responsible
parties. Prop. at 40, Statement at 19;
see
Prop. at 24 (defining “Responsible ACP Party”).
The proposal provides that a manufacturer of consumer products that have been granted
an ACP agreement by CARB according to specific regulations shall be exempt from the VOM
content limits for the time the ACP agreement remains in effect, provided that all consumer
products used for emissions credits are contained in the proposal’s content limits. Prop. at 40-41
(proposed Section 223.245(b)), Statement at 19-20;
see
Prop., Att. B(p) (CAL. CODE REGS. tit.
23
17, § 94540-55 (1996). In its second
errata
sheet, the Agency proposed to clarify that the
California regulations were incorporated by reference.
Errata
2 at 5 (§7). The Board also
proposes that manufacturers claiming to have an ACP agreement must submit to the Agency the
CARB decision on the ACP, including all applicable conditions established by CARB. Prop. at
41, Statement at 20.
The Board also proposes special recordkeeping requirements. Specifically, the Board
proposes to require that all information specified in the approval of the ACP “shall be maintained
by the responsible ACP party for a minimum of three years after the expiration of the ACP.”
Prop. at 41 (proposed Section 223.245(c)(1)), Statement at 20. The Board also proposes to
require that “[t]he records shall be clearly legible and maintained in good condition during this
period.” Prop. at 41, Statement at 20. Finally, the Board also provides that these records “shall
be made available to the Agency or its authorized representative upon request.” Prop. at 41
(proposed Section 223.240(c)(2)), Statement at 20.
Product Dating (Section 223.250)
The Board proposes to add a new section regarding product dating. The proposal first
requires that manufacturers of consumer products subject to VOM content limits “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.” Prop. at 41 (proposed Section
223.250(a)), Statement at 20. Second, the proposal provides a code for indicating the date of
manufacture and states that, if the code is separate from other codes on the product container so
that it is easily recognizable, then the manufacturer need not comply with additional product
dating requirements. Prop. at 41 (proposed Section 223.250(b)), Statement at 20;
see
Prop. at 42
(proposed Section 223.255 Additional Product Dating Requirements).
Third, the Agency originally proposed that “[t]his date or code shall be displayed on each
consumer product container or package no later than twelve months prior to the effective date of
the applicable [VOM content] standard.” Prop. at 41 (proposed Section 223.250(c)), Statement
at 20. In its third
errata
sheet, the Agency proposed instead to strike the words “twelve months
prior to,” stating that it had inadvertently left this language in the proposal.
Errata
3 at 7-8 (§5);
see
Tr.2 at 56. Fourth, the Board proposes language regarding the location of the date or date
code information on the container of the product. Prop. at 41-42 (proposed Section 223.250(d)),
Statement at 20-21. Fifth, and finally, the Board also proposes that these labeling requirements
“shall not apply to products containing no VOMs (as defined in Section 223.203), or containing
VOMs at 0.10% by weight or less.” Prop. at 42 (proposed Section 223.250(e)), Statement at 21.
Additional Product Dating Requirements (Section 223.255)
The Board also proposes language establishing additional product labeling requirements.
In its third
errata
sheet, the Agency proposed to clarify this language by striking the first two
subsections it had originally proposed.
Errata
3 at 8 (§6). The Agency stated that this language
had been inadvertently left in the proposed rule.
Id.
;
see
Tr.1 at 18-21, Tr.2 at 56, Yost Test. at
6-7. As amended by the third
errata
sheet, the proposal first provides that “[n]o person shall
erase, alter, deface, or otherwise remove or make illegible any date or code indicating the date of
24
manufacturer from any regulated product container without the express authorization of the
manufacturer.” Prop. at 42 (proposed Section 223.255(a)), Statement at 21. The same
subsection also provides that “[n]o manufacturer shall affix a date code that is not true for the
date the item was manufactured.” Prop. at 42, Statement at 21. The Board also proposes
language providing that date-code explanations “are public information and may not be claimed
as confidential.” Prop. at 42 (proposed Section 223.255(b)), Statement at 21.
Most Restrictive Limit (Section 223.260)
The Board proposes to add a section providing that, notwithstanding the definition of
“product category,”
if anywhere on the principal display panel of any consumer product manufactured
before July 1, 2009, or any FIFRA-registered insecticide manufactured before
July 1, 2010, any representation is made that the product may be used as, or is
suitable for use as, a consumer product for which a lower VOC limit is specified
in Section 223.205(a), then the lowest VOC limit shall apply. Prop. at 42
(proposed Section 223.260(a)), Statement at 21-22.
The proposal further states that “[t]his requirement does not apply to general purpose cleaners,
antiperspirant/deodorant products and insecticide foggers.” Prop. at 42, Statement at 22.
Similarly, the Board proposes to provide that, notwithstanding the definition of “product
category,”
if anywhere on the container or packaging of any consumer product manufactured
on or after July 1, 2009, or any FIFRA-registered insecticide manufactured on or
after July 1, 2010, or on any sticker or label affixed to the container or packaging,
any representation is made that the product may be used as, or is suitable for use
as, a consumer product for which a lower VOC limit is specified in Section
223.205(a), then the lowest VOC limit shall apply. Prop. at 43 (proposed Section
223.260(b)), Statement at 21-22.
The proposal further states that “[t]his requirement does not apply to general purpose cleaners,
antiperspirant/deodorant products and insecticide foggers.” Prop. at 43, Statement at 22.
Additional Labeling Requirements for Aerosol Adhesives, Adhesive Removers, Electronic
Cleaners, Energized Electrical Cleaners, and Contact Adhesives (Section 223.265)
The Board proposes to add a section requiring that, in addition to the requirements of
other specified sections of the proposal, “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” must ensure that all products
clearly display five specific items of information on product containers manufactured on or after
July 1, 2009. Prop. at 43 (proposed Section 223.265(a)), Statement at 22. First, the container
must display either the specific product category or an abbreviation of it. Prop. at 43 (proposed
25
Section 223.265(a)(1)), Statement at 22. Second, except for energized electrical cleaner, it must
also display the applicable VOM standard for the product expressed as a percentage by weight,
unless the product is included in an ACP approved by the Agency and the product exceeds the
applicable VOM standard. Prop. at 43 (proposed Section 223.265 (a)(2)), Statement at 22-23.
Third, if the product is included in an ACP approved by the Agency and the product
exceeds the applicable VOM standard, it must be labeled with the term “ACP” or “ACP
product.” Prop. at 43 (proposed Section 223.265(a)(3)), Statement at 23. Fourth, “[i]f the
product is classified as a special purpose spray adhesive, the applicable substrate and/or
application or an abbreviation of the substrate and/or application that qualifies the product as
special purpose shall be displayed.” Prop. at 43 (proposed Section 223.265(a)(4)), Statement at
23. Fifth, if a manufacturer or responsible party uses an abbreviation as allowed by this section,
then an explanation of that abbreviation must be filed with the Agency before the abbreviation is
used. Prop. at 43 (proposed Section 223.265(a)(5)), Statement at 23.
In addition, the Board proposes language regarding the location of this required
information on the container of the product. Prop. at 44 (proposed Section 223.265(b)),
Statement at 23. Finally, the Board also proposes language forbidding any person from
removing, altering, concealing, or defacing the information required in Section 223.265(a) before
the final sale of the product. Prop. at 44 (proposed Section 223.265(c)), Statement at 23.
Reporting Requirements (Section 223.270)
The Board proposes responsible parties must submit specified information to the Agency
within 30 days of a request. Prop. at 44 (proposed Section 223.270(a)), Statement at 23. In its
second
errata
sheet, responding to concerns voiced by members of the public, the Agency
proposed to clarify that this information is due to the Agency within 90 days of a request.
Errata
2 at 5-6 (§8);
see
Yost Test. at 7-8, Tr.1 at 13-16, 35.
The specified information first includes “[t]he name, address, and telephone number of
the responsible party and name and telephone number of the party’s designated contact person.”
Prop. at 44 (proposed Section 223.270(a)(1)), Statement at 23. Second, for each product subject
to VOM content standards at the proposed Section 223.205(a), the information includes the
product brand name, product label, product category, applicable product form(s) listed
separately, and identification of the product as a household product, institutional product, or
both. Prop. at 44 (proposed Section 223.270(a)(2)(A-E)), Statement at 23-24. Third, the
responsible party must submit “[s]eparate Illinois sales in pounds per year, to the nearest pound,
and the method used to calculate Illinois sales for each product form.” Prop. at 44 (proposed
Section 223.270(a)(3)), Statement at 24.
Fourth, regarding information submitted by multiple companies, the responsible party
must submit “an identification of each company that is submitting relevant data separate from
that submitted by the responsible party. All information from each company shall be submitted
by the date requested by the Agency.” Prop. at 44 (proposed Section 223.270(a)(4)), Statement at
24. Fifth, for each product brand name and form, the required information includes the net
percent by weight of the total product, less container and packaging and rounded to the nearest
26
one-tenth of a percent, of the following: total section 223.205(a) compounds; total LVP-VOMs
that are not fragrances; total all other carbon-containing compounds that are not fragrances; total
all non-carbon-containing compounds; total fragrance; for products containing greater than two
percent by weight fragrance, both the percentage of fragrance that are LVP-VOMs and the
percent of fragrance that are all other carbon-containing compounds; and total
parachlorobenzene. Prop. at 44-45 (proposed Section 223.270(a)(5)(A-G)), Statement at 24.
Sixth, the required information also includes, for each product brand name and form, “the
identity, including the specific chemical names and associated Chemical Abstract Service (CAS)
number” of each Section 223.205(a) compound and each LVP-VOM that is not a fragrance.
Prop. at 45 (proposed Section 223.270(a)(6)), Statement at 24. Seventh, the responsible party
must also submit, if a product includes a propellant, both “[t]he weight percent comprised of
propellant for each product; and [a]n identification of the type of propellant, such as Type A,
Type B, or Type C, or a blend of the different types.” Prop. at 45 (proposed Section
223.270(a)(7)), Statement at 24.
The Board also proposes a subsection (b) providing that, in addition to the requirements
of the proposed subsection (a)(6), “the responsible party shall report or arrange to have reported
to the Agency, upon request, the net percent by weight of each ozone-depleting compound that
is: “[l]isted in Section 223.210(a) [Products Containing Ozone-Depleting Compounds]; and
[c]ontained in a product subject to reporting under subsection (a) in any amount greater than
0.1% by weight.” Prop. at 45 (proposed Section 223.270(b)), Statement at 25. In its first
errata
sheet, the Agency clarified that this information on ozone-depleting compounds has only to be
submitted to the Agency upon request.
Errata
1 at 1 (§1). The Agency stated that “[i]t was not
intended that companies should be required to provide this information without a request from
the Illinois EPA.”
Id
.
Finally, the Board proposes language requiring that, “[i]n addition, all manufacturers
must submit to the Agency, upon request, the information requested in subsections (a) and (b)
above upon commencement of the selling of each such product in Illinois.” Prop. at 45
(proposed Section 223.270(c)), Statement at 25. In its first
errata
sheet, the Agency clarified
that this information needs to be submitted to the Agency only upon request.
Errata
1 at 1-2
(§2). The Agency stated that “[i]t was not the intention of the Illinois EPA to require every
manufacturer to submit information every time they sell a new product in Illinois.”
Id
.
Special Reporting Requirements for Consumer Products that Contain Perchloroethylene
or Methylene Chloride (Section 223.275)
The Board proposes to add a new section establishing special recordkeeping
requirements. The Agency offered language stating that this provision applies to all responsible
parties for consumer products that are subject to Section 223.205(a) [Standards] and contain
perchloroethylene or methylene chloride and Energized Electrical Cleaners as defined in Section
223.203 that contain perchloroethylene or methylene chloride. Prop. at 46 (proposed Section
223.275(a)), Statement at 25. The proposal also states that “[f]or the purposes of this Section, a
product ‘contains perchloroethylene or methylene chloride’ if the product contains 1.0 percent or
27
more by weight (exclusive of the contained or packaging) of either perchloroethylene or
methylene chloride.” Prop. at 46, Statement at 25.
The Board proposes to require that, for each consumer product that contains
perchloroethylene or methylene chloride, the responsible party must report to the Agency the
following information for products sold in Illinois: product brand name and label with legible
use instructions; product category; applicable product form(s) (listed separately); for each listed
product form, total sales in Illinois during the calendar year to the nearest pound, exclusive of the
container or packaging, and the method used to calculate Illinois sales; and the weight percent of
perchloroethylene and methylene chloride in the consumer product, to the nearest 0.10 percent.
Prop. at 46 (proposed Section 223.275(b)), Statement at 25-26. In its second
errata
sheet,
responding to concerns voiced by members of the public, the Agency proposed to clarify that this
information is due to the Agency within 90 days of a request.
Errata
2 at 6 (§9);
see
Tr.1 at 16-
18.
Calculating Illinois Sales (section 223.280)
The Board proposes to add a section providing in its entirety that, “[i]f direct sales data
for Illinois are not available, sales may be estimated by prorating national or regional sales data
by population.” Prop. at 46 (proposed new Section 223.280), Statement at 26.
Test Methods (Section 223.285)
In this proposed new section, the Board first seeks to provide that “[t]esting to determine
compliance with the requirements of this Subpart [B] shall be performed using CARB Method
310, Determination of Volatile Organic Materials (VOM) in Consumer Products, which is
incorporated by reference in Section 223.120.” Prop. at 46 (proposed Section 223.285(a),
Statement at 26;
see
Prop., Att. B(l) (Method 310 last amended May 5, 2005). The Board also
proposes that compliance may be demonstrated through calculation of the VOM content from
records of the amounts of constituents used to make the product, if the demonstration is made
according to specified criteria. Prop. at 46-47 (proposed Section 223.285(b)(1-5)), Statement at
26.
The Board also proposes language providing that “[t]esting to determine whether a
product is a liquid or solid shall be performed using ASTM D4359-90, which is incorporated by
reference at Section 223.120, or an equivalent method approved by the CARB.” Prop. at 47
(proposed Section 223.285(c));
see
Prop., Att. B(f)(9) (ASTM D4359-90 reapproved 2006). In
its second
errata
sheet, the Agency proposed “to correct the citation to the ASTM and reconcile
it with the newer version which was incorporated by reference.
Errata
2 at 6 (§10);
see
Tr.1 at
32;
see also Errata
3 at 9 (§7) (same proposed correction).
The Board also proposes that “[t]esting to determine compliance with the certification
requirements for charcoal lighter material shall be performed using the procedures specified in
the SCAQMD Test Protocol Rule 1174, Ignition Method Compliance Certification Protocol,
which is incorporated by reference in Section 223.120.” Prop. at 47 (proposed Section
223.285(d));
see
Prop., Att. B(m) (Rule 1174).
28
In addition, the Agency originally proposed that “[t]esting to determine distillation points
of petroleum distillate-based charcoal lighter materials shall be performed using ASTM D86-
07b, which is incorporated by reference in Section 223.120, or an equivalent method approved
by the CARB.” Prop. at 47 (proposed Section 223.285(e)). In its third
errata
sheet, the Agency
proposed “to correct the citation to the ASTM [86-07b, 2007] and reconcile it with the newer
version which was incorporated by reference.”
Errata
3 at 9 (§7);
see
Tr. 2 at 56-57. Above, the
Board noted that the Agency in its third
errata
sheet proposed to add to the materials
incorporated by reference ASTM D86-07b, approved 2007.
Errata
3 at 3-4;
see supra
at 7.
Subpart C: Architectural and Industrial Maintenance Coatings
USEPA regulates AIM coatings through rules codified at 40 C.F.R Part 59, Subpart D.
TSD at 39 (noting authority under Section 183(e) of the Clean Air Act). “Emissions of VOM
from this source category occur when the solvent carrying coating material evaporates and leaves
the coating material on the surface during application and drying.” TSD at 34, Statement at 7.
“The current federal rule is estimated to reduce VOM emissions from AIM coatings by
approximately 20% from uncontrolled levels.” TSD at 39. The Agency proposed to separate
this source category into 49 coating categories, each with a specific VOM content limit. TSD at
35-37 (Table 3.2.1 AIM Coating Categories and VOM Limits), Statement at 7-8, Prop. at 56-59
(proposed Section 223.310).
For the purposes of the Agency’s proposal, an AIM coating “is a coating to be applied to
stationary structures or the appurtenances at the site of installation, to portable buildings at the
site of installation, to pavements, or to curbs.” TSD at 34 (Description and Sources of
Emissions), Statement at 7. Also for purposes of the proposal, “[c]oatings applied in shop
applications or to non-stationary structures such as airplanes, ships, boats, railcars, and
automobiles, and adhesives are not considered “Architectural Coatings.” TSD at 34, Statement
at 7. The Agency stated that “AIM coatings are used to protect and beautify homes, office
buildings, factories, pavements, curbs and on a variety of surfaces inside and outside of such
structures such as metal, wood, plastic, concrete, and wallboard. AIM coatings are applied by
brush, roller, or spray gun, and are applied by consumers, contractors, or maintenance staff.”
TSD at 34, Statement at 7.
The Agency stated that it prepared a comprehensive inventory of VOM emissions
attributable to AIM coatings both statewide and in the NAAs. TSD at 38, citing Prop., Att. A(2)
(Illinois Periodic Emission Inventory and Milestone Demonstration for 2002, November 2004);
see
Prop., Att. A(15) (Illinois Base Year Ozone Inventory for 2002 (June 2006)). These data
show that, “[i]n Illinois, AIM coatings emissions account for approximately 4.30% of the total
anthropogenic VOM emissions during the ozone season, and approximately 3.97% of all
anthropogenic VOM emissions in Illinois for the entire year. TSD at 34, citing Prop., Atts. A(2),
A(15); Statement at 8. In the Metro East/St. Louis NAA, AIM coatings account for
approximately 4.28% of total anthropogenic VOM emissions during the ozone season and
approximately 3.20% of those emissions for the entire year. TSD at 34-35, 38, Statement at 8.
In the Chicago NAA, AIM coatings account for approximately 8.01% of total anthropogenic
VOM emissions during the ozone season and approximately 6.26% of those emissions for the
29
entire year. TSD at 34-35, 38, Statement at 8. AIM coatings are estimated to emit 71.10 tons of
VOM per day in Illinois during the ozone season and to emit 58.14 tons per day over the entire
year. TSD at 38 (Table 3.2.2).
The Agency stated that “[t]he most effective approach for reducing emissions of VOM
from AIM coatings is reformulation of the coatings themselves.” TSD at 39. The Agency
indicated that this reformulation could involve “using water based formulations, using
formulations employing acetone or other exempt solvents, or increasing the coating material
content of the coating.”
Id
.
The Agency estimated that adoption of its proposed rule “would result in a reduction of
VOM emissions of 21% beyond the current federal regulation.” Statement at 8 (citing MACTEC
figures), TSD at 45. “Adoption of the proposed regulation will account for the reduction of
12.21 tons of VOM per day or 4,456 tons of VOM annually.” Statement at 8, TSD at 45, citing
Prop., Att. A(3). This represents “a reduction of nearly 1% of the total anthropogenic VOM
emissions in the State.” TSD at 45.
At the second hearing, the Board heard testimony from Mr. Dave Carey of W.R.
Meadows, Inc., a manufacturer of products used in commercial construction, including
architectural coatings and waterproofing membranes. Tr.2 at 48. Mr. Carey stated that, with
different requirements in effect in various parts of the country, “there are significant costs
associated with reformulating products, retrofitting and changing equipment, and one of the
things that hurts us as a company is inconsistency from one region of the country to the next.”
Id
. at 48-49. Mr. Carey noted that there are two factors leading his industry to reduce VOC
content in its products. First, he stated that the cost of some solvents have increased by 100
percent.
Id
. at 49-50. Second, he indicated that builders increasingly seek environmentally
friendly products.
Id
. at 50. Mr. Carey concluded by asking the Agency to consider waiting for
a federal rule, “especially if it’s going to be more restrictive than the Illinois rule and it would
preempt the Illinois rule,” which would simplify the transition for industry.
Id
. at 49-50.
Purpose (Section 223.300)
The Board proposes to add a section providing in its entirety that “[t]he purpose of this
Subpart [C] is to limit emissions of VOMs by requiring reductions in the VOM content of
architectural and industrial maintenance coatings and required work practices to minimize VOM
emissions in the application of architectural and industrial maintenance coatings to surfaces.”
Prop. at 48 (proposed new Section 223.300), Statement 26.
Applicability (Section 223.305)
The Board proposes to add a section providing that “[t]his Subpart [C] is applicable to
any person who supplies, sells, offers for sale, or manufacture any architectural coating for use
within the State of Illinois, as well as any person who applies or solicits the application of any
architectural coating within Illinois.” Prop. at 48 (proposed Section 223.305), Statement at 26-
27. The Board also proposes language providing that Subpart C does not apply to three specific
categories of coating products: architectural coatings sold or manufactured for use outside of
30
Illinois “or for shipment to other manufacturers for reformulation or repackaging;” aerosol
coating products; and architectural coatings sold in a container with a volume of one liter or less.
Prop. at 48 (proposed Sections 223.305(a-c)), Statement at 27.
Definitions for Subpart C (Section 223.307)
The Board proposes to add a section defining terms applicable to Subpart C. Prop. at 48-
56 (proposed Section 223.307), Statement at 27. The Board also proposes to include language
providing that, “[u]nless otherwise defined in this Section, the definitions of terms used in this
Subpart [C] shall have the meanings specified for those terms in 35 Ill. Adm. Code 211.” Prop.
at 48, Statement at 27;
see
35 Ill. Adm. Code 211 (definitions and general provisions applicable
to emission standards and limitations for stationary sources).
In its second
errata
sheet, the Agency proposed technical changes.
Errata
2 at 6-7.
Among them, the Agency in five definitions changed the term “Part” to “Subpart” to clarify the
applicability of those definitions.
Errata
2 at 6-7 (§12). The Agency also clarified that two
ASTM methods included in the definition of “nuclear coating” are incorporated by reference.
Id
.
at 7 (§13);
see
Prop. at 3-6 (proposed new Section 223.120).
In a written public comment, NPCA stated that it had responded to the Agency’s draft
rulemaking proposal by requesting that the Agency “include additional definitions and limits for
specific specialty coatings” in order to be consistent with sources including the OTC model rule.
PC 2 at 1. NPCA indicated that, although IEPA made suggested changes, it inadvertently had
not added a definition of and limits applicable to “concrete surface retarder.”
Id
. NPCA
requested that this language be added to various sections of Subpart C of the Agency’s proposal.
Id
.;
see
Tr.2 at 42-43. Also, at the second hearing, the hearing officer noted that the definition of
“nuclear coating” refers to two ASTM methods, different versions of which appeared to be
incorporated by reference in Section 223.120 of the Agency’s proposal. Tr.2 at 57.
In its third
errata
sheet, the Agency proposed changes addressing these issues. First, the
Agency proposed to correct references to three ASTM methods “to clarify the definitions of
certain words.”
Errata
3 at 9 (§8);
see
Prop., Att. B(f)(8) (ASTM E84-07, Standard Test Method
for Surface Burning Characteristics of Building Materials, approved 2007), Prop., Att. B(f)(5)
(ASTM Method D4082-02, Standard Test Method for Effects of Gamma Radiation on Coatings
for Use in Light-Water Nuclear Power Plants, approved 2002), Prop., Att. B(f)(4) (ASTM
Method D3912-95, Standard Test Method for Chemical Resistance of Coatings Used in Light-
Water Nuclear Power Plants, reapproved 2001). Also in the third
errata
sheet, the Agency
proposed to add definitions of the terms “colorant” and “lacquer” and, as requested by NPCA,
the term “concrete surface retarder.”
Errata
3 at 10 (§9);
see
PC 2 at 1.
Standards (Section 223.310)
The Board proposes to add a section stating that, except as provided in subsection (c)
regarding most restrictive VOM limits, “no person shall manufacture, blend, or repackage for
sale in Illinois, or solicit for application or apply within Illinois, any architectural coating
manufactured on or after July 1, 2009 that contains a VOM content in excess” of specified limits.
31
Prop. at 56-59 (proposed Section 223.310(a)), Statement at 27, TSD at 35-37 (Table 3.2.1 AIM
Coating Categories and VOM Limits). In a public comment filed January 22, 2008, NPCA
suggested that Agency amend the VOM content of 450 grams per liter for nuclear coatings in
order to be consistent with sources including the OTC model rule. PC 1 at 2;
see
Tr.2 at 42-43.
In its first
errata
sheet, the Agency proposed to correct the listed VOM content limit for nuclear
coatings to reflect an amended OTC model rule. Errata 1 at 2 (§3). In a public comment filed
May 19, 2008, NPCA requested that, in addition to adding a definition of “concrete surface
retarder,” the Agency also amend its proposal to include a VOM content limit for that category
of 780 grams per liter. PC 2 at 1. In its third
errata
sheet, the Agency proposed to add this limit.
Errata
3 at 10 (§10).
The proposal expresses VOM content limits in terms of both grams per liter and pounds
per gallon. Prop. at 56. The proposed subsection includes a Board Note stating that one pound
of VOM per U.S. gallon is equal to 119.95 grams per liter.
Id
. at 59. The proposal also states
that “[l]imits are expressed in grams of VOM per liter of coating thinned to the manufacturer’s
maximum recommendation, excluding the volume of any water, exempt compounds, or colorant
added to tint bases. ‘Manufacturers maximum recommendation’ means the maximum
recommendation for thinning that is indicated on the label or lid of the coating container.” Prop.
at 59 (proposed Section 223.310(b).
The Board also proposes that,
[i]f anywhere on the container of any architectural coating, or any label or sticker
affixed to the container, or in any sales, advertising, or technical literature
supplied by a manufacturer or anyone acting on the manufacturer’s behalf, any
representation is made that indicates that the coating meets the definition of or is
recommended for use for more than one of the coating categories listed in
subsection (a), then the most restrictive VOM content limit shall apply. Prop. at
59 (proposed Section 223.310(c)), Statement at 28.
The Board also provides that this “Most Restrictive VOM Limit” provision does not apply to 21
specified categories of coatings. Prop. at 59-60, Statement at 28. In its public comment filed
May 19, 2008, NPCA requested that the category of concrete surface retarder be added to the list
of categories exempt from this provision. PC 2 at 1. In its third
errata
sheet, the Agency
proposed to add concrete surface retarded as the 21st exempt category.
Errata
3 at 10 (§11).
The Board proposes a number of additional subsections pertaining to VOM content
limits. The proposal provides that architectural coating containers such as drums, buckets, cans,
pails, and trays used to apply their contents “directly from the container by pouring, siphoning,
brushing, rolling, padding, ragging, or other means shall be closed when not in use.” Prop. at 60
(proposed Section 223.310(d)), Statement at 27. The Board also proposes language providing
that “[n]o person who applies or solicits the application of any architectural coating shall apply a
coating that is thinned to exceed the applicable VOM limit specified in subsection (a).” Prop. at
60 (proposed Section 223.310(e)), Statement at 27. The Board also proposes to address rust
preventive coatings by providing that no person shall apply them or solicit their application “for
industrial use unless the rust preventive coating complies with the industrial maintenance coating
32
VOM limit specified in subsection (a).” Prop. at 60 (proposed Section 223.310(f)), Statement at
27. If another Subpart also regulates that coating, then the more restrictive limit applies. Prop.
at 60. The Board also offers a provision for determining the VOM content limit of a coating that
does not meet any of the definitions for the special coatings categories listed in Section
223.310(a). Prop. at 60-61 (proposed Section 223.310(g)), Statement at 27.
Container Labeling Requirements (Section 223.320)
The Board proposes to add a section requiring that each manufacturer of architectural
coatings subject to Subpart C must include specified information “on the coating container in
which the coating is sold or distributed (or on its label).” Prop. at 61 (proposed Section
223.320), Statement at 28. First, the label, lid, or bottom of the coating container must include
the date the coating was manufactured or a code representing that date. Prop. at 61 (proposed
Section 223.320(a)), Statement at 28. This provision requires that, “[i]f the manufacturer uses a
date-code for any coating, the manufacturer shall file an explanation of each code with the
Agency upon request.” Prop. at 61. In its second
errata
sheet, the Agency proposed to clarify
that manufacturers only have to submit explanations of date codes to the Agency upon request.
Errata
2 at 7 (§15). “It was not intended that companies should be required to provide this
information without a request from the Illinois EPA.”
Id
.
Second, the proposal requires that the label or lid of the container include “[a] statement
of the manufacturer’s recommendation regarding thinning of the coating.” Prop. at 61 (proposed
Section 223.320(b)), Statement 28. The Board proposes that “[t]his requirement does not apply
to the thinning of architectural coatings with water. If thinning of the coating prior to use is not
necessary, the recommendation must specify that the coating is to be applied without thinning.”
Prop. at 61.
Third, the Board proposes that “[e]ach container of any coating subject to this Subpart
shall display either the maximum or the actual VOM content of the coating, as supplied, or the
actual VOM content including the maximum thinning as recommended by the manufacturer.”
Prop. at 61 (proposed Section 223.320(c)), Statement at 28. The Board proposes that “VOM
content displayed shall be calculated using product formulation data, or shall be determined
using the test methods in Section 223.340(b).” Prop. at 61;
see
Prop. at 65 (proposed Section
223.340(b) determining physical properties of a coating). The Board further proposes that “[t]he
equations in Section 223.340(a) shall be used to calculate VOM content.” Prop. at 61;
see
Prop.
at 64-65 (proposed Section 223.340(a) providing calculation of VOM content). The proposal
requires displaying VOM content in grams of VOM per liter of coating. Prop. at 61. In its
public comment filed January 22, 2008, NPCA acknowledged that the Agency had clarified that
“VOC Content” and “VOM content” had the same meaning. PC 1 at 2. Based on the possibility
of confusion over the two terms, NPCA requested that the Agency clarify that either “VOM
Content” or “VOC Content” may be displayed.
Id
.;
see
Tr. 1 at 22-24. In its second
errata
sheet, the Agency proposed language repeating and clarifying that the two terms have the same
meaning.
Errata
2 at 8 (§16).
Fourth, in addition to the preceding requirements, the Board proposes to require that
manufacturers of industrial maintenance coatings must display on the coating’s container one or
33
more specific descriptions: “[f]or industrial use only,” “[f]or professional use only,” and “[n]ot
for residential use” or “[n]ot intended for residential use.” Prop. at 61 (proposed Section
223.320(d)(1-3)), Statement at 28. Fifth, the proposal requires that “[t]he labels of all clear
brushing lacquers shall prominently display the statements ‘For brush application only’ and ‘This
product must not be thinned or sprayed.’” Prop. at 61 (proposed Section 223.320(e)), Statement
at 28. Sixth, addressing rust preventive coatings, the Board proposes to require that their labels
“shall prominently display the statement ‘For Metal Substrates Only.’” Prop. at 62 (proposed
Section 223.320(f)), Statement at 28-29.
Seventh, regarding specialty primers, sealers, and undercoaters, the Board requires that
their labels display one or more specific descriptions: “[f]or blocking stains,” “[f]or fire-
damaged substrates,” “[f]or smoke-damaged substrates,” “[f]or water-damaged substrates,” or
“[f]or excessively chalky substrates.” Prop. at 62 (proposed Section 223.320 (g)(1-5)),
Statement at 29. Eighth, the Board proposes that “[t]he labels of all quick dry enamels shall
prominently display the words ‘Quick Dry’ and the dry hard time.” Prop. at 62 (proposed
Section 223.320(h)), Statement at 29. Ninth, the Board also proposes that “[t]he labels of all
non-flat high-gloss coatings shall prominently display the words ‘High Gloss.’” Prop. at 62
(proposed Section 223.320(i)), Statement at 29. Tenth, the Board seeks to require that,
“[e]ffective January 1, 2010, the labels of all stone consolidants shall prominently display the
statement ‘Stone Consolidant – For Professional Use Only.’” Prop. at 62 (proposed Section
223.320(j)), Statement at 29.
Recordkeeping and Reporting Requirements (Section 223.330)
The Board proposes to add a section prescribing recordkeeping and reporting
requirements for six specific categories of coatings. Prop. at 62-64 (proposed Section 223.330),
Statement at 29. First, the proposal requires manufacturers of clear brush lacquers, at the request
of the Agency, to report “[t]he number of gallons of clear brushing lacquer sold in the State
during the preceding calendar year; and [t]he method used by the manufacturer to calculate State
sales.” Prop. at 62 (proposed Section 223.330(a)(1-2)), Statement at 29. Second, the proposal
requires manufacturers of rust preventive coatings, at the request of the Agency, to report “[t]he
number of gallons of rust preventive coatings sold in the State during the preceding calendar
year; and [t]he method used by the manufacturer to calculate State sales.” Prop. at 62-63
(proposed Section 223.330(b)(1-2)), Statement at 29. Third, the proposal also requires
manufacturers of specialty primers, sealers, and undercoaters, at the request of the Agency, to
report “[t]he number of gallons of specialty primers, sealers, and undercoaters sold in the State
during the preceding calendar year; and [t]he method used by the manufacturer to calculate State
sales.” Prop. at 63 (proposed Section 223.330(c)(1-2)), Statement at 29.
Fourth, the proposal requires manufacturers of architectural coatings that contain
perchloroethylene or methylene chloride to report the following information at the request of the
Agency: “[t]he product name and a copy of the product label with legible usage instructions,”
“[t]he product category listed in Section 223.310(a) to which the coating belongs,” “[t]he total
sales in Illinois, during the calendar year, to the nearest gallon,” and “[t]he volume percent, to the
nearest 0.10 percent, of perchloroethylene and methylene chloride in the coating.” Prop. at 63
(proposed Section 223.330(d)(1-4)), Statement at 29-30.
34
Fifth, the Board also proposes requirements for manufacturers of recycled coatings.
Those manufacturers, upon request of the Agency, “must submit a letter to the Agency self-
certifying their status as a Recycled Paint Manufacturer.” Prop. at 63 (proposed Section
223.330(e)(1)), Statement at 30. The proposal also requires recycled coatings manufacturers, at
the request of the Agency, to report “[t]he number of gallons of recycled coatings sold in the
State during the preceding calendar year; and [t]he method used by the manufacturer to calculate
State sales.” Prop. at 63 (proposed Section 223.330(e)(2)(A-B)), Statement at 30. Sixth, the
proposal requires manufacturers of “bituminous roof coatings” or “bituminous roof primers” to
report, at the request of the Agency, “[t]he number of gallons of “bituminous roof coatings” or
“bituminous roof primers” sold in the State during the preceding calendar year; and [t]he method
used by the manufacturer to calculate State sales.” Prop. at 64 (proposed Section 223.330(f)(1-
2)), Statement at 30.
In its original proposal, the Agency sought to require that the affected manufacturers
report the specified information “upon request of the Agency, within 30 days written notice.”
Prop. at 62-64 (proposed Section 223.330). In its public comment filed January 22, 2008, NPCA
expressed concern that these proposed reporting requirements are burdensome, “especially the
requirements that reports would need to be provided within 30 days of written notice.” PC 1 at
1. NPCA claimed that these requirements originated with a 2000 CARB Suggested Control
Measure (SCM) and that CARB deleted them from a subsequent SCM on the basis that “this
information was no longer needed.”
Id
. In its second
errata
sheet, the Agency noted that the 30-
day requirement generated public concern and clarified “that companies have 90 days, not 30, to
submit the pertinent information to the Illinois EPA.”
Errata
2 at 8-9 (§17).
Compliance Provisions and Test Methods (Section 223.340)
The Board proposes to add a section providing procedures for determining the VOM
content of a coating in order to determine compliance with the VOM content limits at Section
223.310(a). Prop. at 64-65 (proposed Section 223.340(a)(1-2)), Statement at 30. With the
exception of low solids coating, the equation at Section 223.340(a)(1) determines “the VOM
content in grams of VOM per liter of coating thinned to the manufacturer’s maximum
recommendation, excluding the volume of any water and exempt compounds.” Prop. at 64,
Statement at 31. For low solids coatings, the equation at Section 223.340(a)(2) determines “the
VOM content in units of grams of VOM per liter of coating thinned to the manufacturer’s
maximum recommendation, excluding the volume of any water and exempt compounds.” Prop.
at 64-65, Statement at 31.
The Board also proposes a Section 223.340(b) providing that, “[t]o determine the
physical properties of a coating in order to perform the calculations in subsection (a), the
reference method for VOM content is USEPA Method 24, incorporated by reference in Section
223.120, except as provided in Sections 223.350 [Alternative Test Methods] and 223.360
[Methacrylate Traffic Coating Markings].” Prop. at 65,
see
Prop., Att. B(c) (40 C.F.R. 60,
Appendix A, Method 24, Determination of Volatile Matter Content, Water Content, Density,
Volume Solids, and Weight Solids of Surface Coatings (July 1, 2006)).
35
The Board also proposes to provide that “[a]n alternative method to determine the VOM
content of coatings is SCAQMD Method 304-91, incorporated by reference in Section 223.120.”
Prop. at 65;
see
Prop., Att. B(g) (South Coast Air Quality Management District (SCAQMD)
Method 304-91, Determination of Volatile Organic Compounds in Various Materials, revised
February 1996). The Board also proposes to provide that “[t]he exempt compounds content shall
be determined by SCAQMD Method 303-91,” which is also incorporated by reference. Prop. at
65;
see
Prop., Att. B(g)(2) (SCAQMD Method 303-91, Determination of Exempt Compounds,
revised February 1993).
The Board proposes that, “[t]o determine the VOM content of a coating, the manufacturer
may use USEPA Method 24, or an equivalent alternative method as provided in Section 223.350,
formulation data, or any other reasonable means for predicting that the coating has been
formulated as intended (e.g
.
, quality assurance checks, recordkeeping).” Prop. at 65, Statement
at 32. The Board also proposes, however, that, “if there are any inconsistencies between the
results of a Method 24 test and any other means for determining VOM content, the Method 24
results will govern, except when an equivalent alternative method is approved as specified in
Section 223.350.” Prop. at 65, Statement at 32.
The Board also seeks to add language providing that “[t]he Agency may require the
manufacturer to conduct a Method 24 analysis.” Prop. at 65, Statement at 32.
Alternative Test Methods (Section 223.350)
The Board proposes to add a section providing in its entirety that “[o]ther test methods
demonstrated to provide results that are acceptable for purposes of determining compliance with
Section 223.340(b), after review, and approval in writing by the Agency and USEPA, may also
be used.” Prop. at 65 (proposed Section 223.350), Statement at 32.
Methacrylate Traffic Coating Markings (Section 223.360)
The Board proposes to add a section providing that “[a]nalysis of methacrylate multi-
component coatings used as traffic marking coatings shall be conducted according to a
modification of USEPA Method 24 . . . or an equivalent method approved by the CARB.” Prop.
at 65 (proposed Section 223.360), Statement at 32. The proposed language also provides that
“[t]his method has not been approved for methacrylate multi-component coatings used for
purposes other than as traffic marking coatings or for other classes of multi-component
coatings.” Prop. at 65, Statement at 32-33.
Test Methods (Section 223.370)
The Board proposes to add a section listing test methods incorporated by reference and
states that they “shall be used to test coatings subject to the provisions of this Subpart [C]. Prop.
at 65-67 (proposed Section 223.370(a-m)), Statement at 33.
In subsection (a), the proposal states that “[t]he flame spread index of a fire-retardant
coating shall be determined by ASTM E84-07, Standard Test Method for Surface Burning
36
Characteristics of Building Materials (see Section 223.307, Fire Resistive Coating) or an
equivalent method approved by the CARB.” Prop. at 66 (proposed Section 223.370(a));
see
Prop., Att. B(f)(8) (ASTM E84-07 Standard Test Method for Surface Burning Characteristics of
Building Materials, approved 2007). In its third
errata
sheet, the Agency proposed to amend this
provision to refer to Method E84-07, making it consistent with the method incorporated by
reference in Section 223.120.
Errata
3 at 10 (§12).
In subsection (b), the proposal states that “[t]he fire-resistance rating of a fire-resistive
coating shall be determined by ASTM E119-05a, Standard Test Methods for Fire Tests of
Building Construction Materials (see Section 223.307, Fire-Resistive Coating) or an equivalent
method approved by the CARB.” Prop. at 66 (proposed Section 223.370(b));
see
Prop., Att.
B(f)(1) (ASTM E119-05a, Standard Test Methods for Fire Tests of Building Construction and
Materials).
In subsection (c), the proposal states that “[t]he gloss of a coating shall be determined by
ASTM D 523-89 (1999) Standard Test Method for Specular Gloss (see Section 223.307, Flat
Coating, Non-Flat Coating, Non-Flat – High-Glass Coating, and Quick Dry Enamel) or an
equivalent method approved by the CARB.” Prop. at 66 (proposed Section 223.370(c));
see
Prop., Att. B(f)(2) (ASTM D 523-89, Standard Test Method for Specular Gloss (Reapproved
1999).
In subsection (d), the proposal states that “[t]he metallic content of a coating shall be
determined by SCAQMD Method 318-95, Determination of Weight Percent Elemental Metal in
Coating by X-Ray Diffraction, SCAQMD Laboratory Methods for Analysis of Enforcement
Samples (see Section 223.207, Metallic Pigmented Coating).” Prop. at 66 (proposed Section
223.370(d));
see
Prop., Att. B(i) (SCAQMD Method 318-95, Determination of Weight Percent
Elemental Metal in Coating by X-Ray Diffraction, approved August 10, 1998).
In subsection (e), the proposal states that “[t]he acid content of a coating shall be
determined by ASTM D1613-03, Standard Test Method for Acidity in Volatile Solvents and
Chemical Intermediates Used in Paint, Varnish, Lacquer and Related Products (see Section
223.307, Pre-Treatment Wash Primer) or an equivalent method approved by the CARB.” Prop.
at 66 (proposed Section 223.370(e));
see
Prop., Att. B(f)(7) (ASTM Designation D 1613-03,
‘Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in
Paint, Varnish, Lacquer and Related Products). At the second hearing, the hearing officer noted
that this subsection and Section 223.120 appeared to refer to different editions of this test
method. Tr.2 at 58-59. In it third
errata
sheet, the Agency proposed to amend this subsection to
refer to ASTM D1613-03.
Errata
3 at 10-11 (§12).
In subsection (f), the proposal states that
[t]he set-to-touch, dry-hard, dry-to-touch, and dry-to-recoat times of a coating
shall be determined by ASTM D1640-03, Standard Methods for Drying, Curing,
or Film Formation of Organic Coatings at Room Temperature (see Section
223.307, Quick-Dry Enamel and Quick-Dry Primer, Sealer, and Undercoater).
The tack free time of a quick-dry enamel coating shall be determined by the
37
Mechanical Test Method of ASTM D1640-03 or an equivalent method approved
by the CARB. Prop. at 66 (proposed Section 223.370(f));
see
Prop., Att. B(f)(3)
(ASTM Designation D1640-03, Standard Methods for Drying, Curing, or Film
Formation of Organic Coatings at Room Temperature, approved December 1,
2003).
At the second hearing, the hearing officer noted that this subsection and specific definitions
appeared to refer to different editions of this test method. Tr.2 at 59. In it third
errata
sheet, the
Agency proposed to amend this subsection to refer to ASTM D1640-03.
Errata
3 at 11 (§12).
In subsection (g), the proposal states that “[t]he chalkiness of a surface shall be
determined using ASTM D4214-98 Standard Test Methods for Evaluating the Degree of
Chalking of Exterior Paint Films (see Section 223.307, Specialty Primer, Sealer, and
Undercoater) or an equivalent method approved by the CARB.” Prop. at 66 (proposed Section
223.370(g));
see
Prop., Att. B (ASTM Designation D 4214-98, Standard Test Methods for
Evaluating the Degree of Chalking of Exterior Paint Films).
In subsection (h), the proposal states that
[e]xempt compounds that are cyclic, branched, or linear, completely methylated
siloxanes shall be analyzed as exempt compounds for compliance with Section
223.340 by BAAQMD Method 43, Determination of Volatile Methylsiloxanes in
Solvent-Based Coatings, Inks, and Related Materials, BAAQMD Manual of
Procedures, Volume III (see Section 223.307 VOM content and subsection
223.340(b)). Prop. at 66-67 (proposed Section 223.370(h));
see
Prop., Att. B(j)
(Bay Area Air Quality Management District (BAAQMD) Method 43,
Determination of Volatile Methylsiloxanes in Solvent-Based Coatings, Inks, and
Related Materials, amended May 18, 2005).
At the second hearing, the hearing officer noted that the proposed subsection refers to a
definition of “volatile organic material” in a section in which it is not defined. Tr.2 at 59. In its
third
errata
sheet, the Agency proposed to amend the reference to a definition of “VOM
content.”
Errata
3 at 11 (§12).
In subsection (i), the proposal states that
“[t]he exempt compound parachlorobenzotrifluoride shall be analyzed as an
exempt compound for compliance with Section 223.400 by BAAQMD Method
41, Determination of Volatile Organic Compounds in Solvent-Based Coatings and
Related Materials Containing Parachlorobenzotrifluoride, BAAQMD Manual of
Procedures, Volume III (see Section 223.307 VOM content, and Section
223.340(b)). Prop. at 67 (proposed Section 223.370(i));
see
Prop., Att. B(k)
(BAAQMD Method 41, Determination of Volatile Organic Compounds in
Solvent-Based Coatings and Related Materials Containing
Parachlorobenzotrifluoride, amended May 18, 2005).
38
In the third
errata
sheet, the Agency proposed to amend a reference to a nonexistent definition of
“Volatile Organic Material” to a reference to a definition of “VOM content.”
Id
.
In subsection (j), the proposal states that “[t]he content of compounds exempt under
USEPA Method 24 shall be analyzed by SCAQMD Method 303-91, Determination of Exempt
Compounds, SCAQMD Laboratory Methods of Analysis for Enforcement Samples, (see Section
223.307 VOM content, and Section 223.340(b).” Prop. at 67 (proposed Section 223.370(j);
see
Prop., Att. B(h) SCAQMD Method 303-91, Determination of Exempt Compounds, revised
February 1993).
In subsection (k), the proposal states that “[t]he VOM content of a coating shall be
determined by USEPA Method 24 as it exists in Appendix A of 40 CFR 60, Determination of
Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface
Coating, (see Section 223.340(b)) or an equivalent method approved by the CARB.” Prop. at 67
(proposed Section 223.370(k);
see
Prop., Att.B(c) (40 C.F.R. 60, Appendix A, Method 24,
Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight
Solids of Surface Coatings (July 1, 2006)).
In subsection (l), the proposal states that “[t]he VOM content of coatings may be
analyzed by either USEPA Method 24 or SCAQMD Method 304-91, Determination of Volatile
Organic Compounds(VOC) in Various Materials, SCAQMD Laboratory Methods of Analysis
for Enforcement Samples, (see Section 223.340(b)). Prop. at 67 (proposed Section 223.370(l);
see
Prop., Att. B(c) (Method 24), B(g) (Method 304-91).
In subsection (m), the proposal states that
[t]he VOM content of methacrylate multicomponent coatings used as traffic
marking coatings shall be analyzed by the procedures in 40 CFR 59, subpart D,
appendix A, Determination of Volatile Matter Content of Methacrylate
Multicomponent Coatings Used as Traffic Marking Coatings, (see Section
223.260), or an equivalent method approved by the CARB.” Prop. at 67
(proposed Section 223.370(m);
see
Prop., Att. B(a) (40 CFR 59, Subpart D,
Appendix A, Determination of Volatile Matter Content of Methacrylate
Multicomponent Coatings Used as Traffic Marking Coatings, 64 Fed. Reg. 35001
(June 30, 1999).
TECHNICAL FEASIBILITY AND ECONOMIC REASONABLENESS
Although the Board requested that DCEO conduct an economic impact study on this
rulemaking proposal (
see
415 ILCS 5/27(b)(1) (2006), the Board to date has received no response to
that request. At the second hearing, the Board received no testimony or comment regarding the
absence of any response to the request.
See
Tr.2 at 62-63. As it did in its first-notice opinion and
order, the Board finds the proposed regulations technically feasible and economically reasonable.
CONCLUSION
39
The Board proposes for second notice amendments to its air pollution regulations. The
proposed amendments intend to reduce VOM emissions from consumer products and AIM
products. With the exception of extending the implementation date to July 1, 2009, these
proposed amendments are substantively unchanged from those proposed in the Board’s first-
notice opinion and order adopted October 16, 2008.
ORDER
The Board directs the Clerk to file the following proposed amendments with the Joint
Committee on Administrative Rules for second-notice review. Proposed additions are
underlined, and proposed deletions appear stricken.
TITLE 35: ENVIRONMENTAL PROTECTION
SUBTITLE B: AIR POLLUTION
CHAPTER I: POLLUTION CONTROL BOARD
SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS
FOR STATIONARY SOURCES
PART 223
STANDARDS AND LIMITATIONS FOR ORGANIC MATERIAL EMISSIONS FOR AREA
SOURCES
SUBPART A: GENERAL PROVISIONS
Section
223.100
Severability
223.105
Abbreviations and Acronyms
223.120
Incorporations by Reference
SUBPART B: CONSUMER AND COMMERCIAL PRODUCTS
Section
223.200
Purpose
223.201
Applicability
223.203
Definitions for Subpart B
223.205
Standards
223.206
Diluted Products
223.207
Products Registered under FIFRA
223.208
Requirements for Aerosol Adhesives
223.209
Requirements for Floor Wax Strippers
223.210
Products Containing Ozone-Depleting Compounds
223.220
Requirements for Charcoal Lighter Material
223.230
Exemptions
223.240
Innovative Product Exemption
223.245
Alternative Compliance Plans
223.250
Product Dating
40
223.255
Additional Product Dating Requirements
223.260
Most Restrictive Limit
223.265
Additional Labeling Requirements for Aerosol Adhesives, Adhesive Removers,
Electronic Cleaners, Electrical Cleaners, Energized Electrical Cleaners, and
ContactAdhesives
223.270
Reporting Requirements
223.275
Special Recordkeeping Requirements for Consumer Products that Contain
Perchloroethylene or Methylene Chloride
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
223.350
Alternative Test Methods
223.360
Methacrylate Traffic Coating Markings
223.370
Test Methods
AUTHORITY: Implementing Section 10 and authorized by Sections 27 and 28 of the
Environmental Protection Act [415 ILCS 5/10, 27 and 28].
SOURCE: Adopted in R08-17 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]
Agency
Illinois Environmental Protection Agency
41
ASTM
American Society for Testing and Materials
BAAQMD
Bay Area Air Quality Management District
CA
o
C
RB
CDalegirfeores niCa
elAsiir us
Resources Board
CFCs
Chlorofluorocarbons
CO
o
F
2
DCaergbon
rees
DFiahroxienhde
eit
FDA
United States Food and Drug Administration
FIFRA
Federal Insecticide, Fungicide, and Rodenticide Act, (7 USC 136 through
136y)
FRP
Fiberglass reinforced plastic
HVOM
High Volatility Organic Material
HCFCs
Hydrochlorofluorocarbons
HFCs
Hydrofluorocarbons
LVP-VOM
Low Vapor Pressure-Volatile Organic Material
MVOM
Medium Volatility Organic Material
N
2
Nitrogen
N
2
O
Nitrous Oxide
OER
Original Equipment Manufacturer
PCBTF
Parachlorobenzotrifluoride
ROC
Reactive Organic Compound
ROG
Reactive Organic Gas
SCAQMD
South Coast Air Quality Management District
USEPA
United States Environmental Protection Agency
VOM
Volatile Organic Material
Section 223.120 Incorporations by Reference
The following materials are incorporated by reference. These incorporations do not include any
later amendments or editions.
a)
40 CFR 59, subpart D, appendix A, Determination of Volatile Matter Content of
Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings, 64
Fed. Reg. 35002 (June 30, 1999).
b)
40 CFR 59, subpart C, National Volatile Organic Compound Emission Standards
for Consumer Products, 69 Fed. Reg. 18803 (April 4, 2004).
c)
40 CFR 60, appendix A, Method 24, Determination of Volatile Matter Content,
Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings,
36 Fed. Reg. 24877 (December 23, 1971).
d)
40 CFR 82, subpart A, appendix A, Class I controlled Substances, 68 Fed. Reg.
42892 (July 18, 2003) and appendix B, Class II Controlled Substances, 68 Fed.
Reg. 2859 (January 21, 2003).
42
e)
29 CFR 1910.1200(d)(4), Hazard Communication, 61 Fed. Reg. 9245 (March 7,
1996).
f)
ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken
PA 19428-2959.
1)
ASTM E119-05a, Standard Test Methods for Fire Tests of Building
Construction and Materials, approved November 1, 2005.
2)
ASTM D523-89 (1999), Standard Test Method for Specular Gloss,
approved May 10, 1999.
3)
ASTM D1640-03, Standard Test Methods for Drying, Curing, or Film
Formation of Organic Coatings at Room Temperature, approved
December 1, 2003.
4)
ASTM D3912-95 (2001), Test Method for Chemical Resistance of
Coating Used in Light-Water Nuclear Power Plants, reapproved 2001.
5)
ASTM D4082-02, Test Method for Effects of Radiation on Coatings Used
in Light-Water Nuclear Power Plants, approved 2002.
6)
ASTM D4214-98, Standard Test Methods for Evaluating the Degree of
Chalking of Exterior Paint Films, approved August 10, 1998.
7)
ASTM D1613-03, Standard Test Method for Acidity in Volatile Solvents
and Chemical Intermediates Used in Paint, Varnish, Lacquer, and Related
Products, approved October 1, 2003.
8)
ASTM E84-07, Standard Test Method for Surface Burning Characteristics
of Building Materials, approved 2007.
9)
ASTM D4359-90 (2006), Standard Test Method for Determining Whether
a Material is a Liquid or a Solid, reapproved 2006.
10)
ASTM E260-96 (2006), Standard Practice for Packed Column Gas
Chromatography, reapproved 2006.
11)
ASTM E2167-01, Standard Guide for Selection and Use of Stone
Consolidants (see section 4, Stone Consolidant), approved 2001.
12)
ASTM C836-06, Specification for High Solids Content, Cold Liquid-
Applied Elastomeric Waterproofing Membrane for Use with Separate
Wearing Course, approved 2006.
13)
ASTM D86-07b, Standard Test Method for Distillation of Petroleum
43
Products at Atmospheric Pressure, approved 2007.
g)
South Coast Air Quality Management District, 21865 Copley Dr., Diamond Bar
CA 91765.
1)
South Coast Air Quality Management District (SCAQMD) Method 304-
91, Determination of Volatile Organic Compounds in Various Materials,
revised February 1996.
2)
SCAQMD Method 303-91, Determination of Exempt Compounds, revised
February 1993.
3)
SCAQMD Method 318-95, Determination of Weight Percent Elemental
Metal in Coatings by X-Ray Diffraction, approved July 1996.
4)
SCAQMD Rule 1174, Ignition Method Compliance Certification Protocol
(adopted October 5, 1990).
h)
Bay Area Air Quality Management District Office, 939 Ellis Street, San Francisco
CA 94109.
1)
Bay Area Air Quality Management District (BAAQMD) Method 43,
Determination of Volatile Methylsiloxanes in Solvent-Based Coatings,
Inks, and Related Materials, proposed amendment February 4, 2004.
2)
BAAQMD Method 41, Determination of Volatile Organic Compounds in
Solvent-Based Coatings and Related Materials Containing
Parachlorobenzotrifluoride, proposed amendment February 4, 2004.
i)
California Air Resources Board (CARB) Method 310, Determination of Volatile
Organic Compounds in Consumer Products and Reactive Organic Compounds in
Aerosol Coating Products, amended May 5, 2005. California Air Resources
Board, 1001 I Street, PO Box 2815, Sacramento, CA 95812.
j)
SCAQMD Rule 1174, Ignition Method Compliance Certification Protocol
(adopted October 5, 1990).
jk)
California Code of Regulations (CCR) title 17 § 94509(h), Standards for
Consumer Products (2005).
kl)
California Code, Health and Safety Code, § 41712(h)(2) (2005).
lm)
17 CCR, Article 4, Alternate Control Plan §§ 94540-94555 (1996).
mn)
17 CCR § 94511, Innovative Products (1997).
44
no)
17 CCR § 94503.5, Innovative Products (1996).
op)
7 USC 136 to 136y, FIFRA, Environmental Pesticide Control, published January
19, 2004, in Supplement III of the 2000 Edition of the United States Code.
pq)
Federal Specification MMM-A-181D, Adhesives, Phenol, Resorcinol, or
Melamine Base (1980).
SUBPART B: CONSUMER AND COMMERCIAL PRODUCTS
Section 223.200 Purpose
The purpose of this Subpart is to limit emissions of volatile organic materials (VOMs) by
requiring reductions in the VOM content of consumer and commercial products.
Section 223.201 Applicability
Except as provided in Section 223.230, this Subpart shall apply to any person who sells,
supplies, offers for sale, or manufactures consumer products on or after JanuaryJuly 1, 2009, for
use in Illinois.
Section 223.203 Definitions for Subpart B
The definitions contained in this Section apply only to the provisions of this Subpart. Unless
otherwise defined in this Section, the definitions of terms used in this Subpart shall have the
meanings specified for those terms in 35 Ill. Adm. Code 211.
“Adhesive” means, for purposes of this Subpart, any product that is used to bond one
surface to another by attachment. This does not include products used on humans and
animals, adhesive tape, contact paper, wallpaper, shelf liners, or any other product with
an adhesive incorporated onto or in an inert substrate. For “Contact Adhesive”, adhesive
does not include units of product, less packaging, that 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, that 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 adhesive 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 the “Adhesive Remover” subcategories
listed in this definition, 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.
45
“Floor and Wall Covering Adhesive Remover” means a product designed or
labeled to remove floor or wall coverings and associated adhesive from the
underlying substrate.
“Gasket or Thread Locking Adhesive Remover” means a product designed or
labeled to remove gaskets or thread locking adhesives. Products labeled for dual
use as a paint stripper and gasket remover and/or thread locking adhesive remover
are considered “Gasket or Thread Locking Adhesive Remover”.
“General Purpose Adhesive Remover” means a product designed or labeled to
remove cyanoacrylate adhesives as well as non-reactive adhesives or residue from
a variety of substrates. “General Purpose Adhesive Remover” includes, but is not
limited to, the following: products that remove thermoplastic adhesives, pressure
sensitive adhesives, dextrine or starchbased adhesives, casein glues, rubber or
latex-based adhesives, and products that remove stickers, decals, stencils, or
similar materials. “General Purpose Adhesive Remover” does not include “Floor
or Wall Covering Adhesive Remover”.
“Specialty Adhesive Remover” means a product designed to remove reactive
adhesives from a variety of substrates. Reactive adhesives include adhesives that
require a hardener or catalyst in order for the bond to occur. Examples of reactive
adhesives include, but are not limited to epoxies, urethanes, and silicones.
“Specialty Adhesive Remover” does not include “Gasket or Thread Locking
Adhesive Remover.”.
“Aerosol Adhesive” means an aerosol product in which the spray mechanism is
permanently housed in a nonrefillable can designed for hand-held application without the
need for ancillary hoses or spray equipment. This does not include “special purpose
spray adhesives”, “mist spray adhesives” and “web spray adhesives.”
“Aerosol Cooking Spray” means any aerosol product designed either to reduce sticking
on cooking and baking surfaces or to be applied on food, or both.
“Aerosol Product” means a pressurized spray system that dispenses product ingredients
by means of a propellant contained in a product or a product's container, or by means of a
mechanically induced force. “Aerosol Product” does not include “Pump Spray”.
“Agricultural Use” means the use of any pesticide or method or device for the control of
pests in connection with the commercial production, storage, or processing of any animal
or plant crop. This does not include the sale or use of pesticides in properly labeled
packages or containers that are intended for home use, use in structural pest control, or
industrial or institutional use. For the purposes of this definition only:
“Home Use” means use in a household or its immediate environment;
46
“Structural Pest Control” means a use requiring a license under the Structural Pest
Control Act [225 ILCS 235];
“Industrial Use” means use for or in a manufacturing, mining, or chemical process
or use in the operation of factories, processing plants, and similar sites
;
or
“Institutional Use” means use within the lines of, or on property necessary for the
operation of, buildings such as hospitals, schools, libraries, auditoriums, and
office complexes.
“Air Freshener” means any consumer product including, but not limited to, sprays, wicks,
powders, and crystals, designed for the purpose of masking odors, or freshening,
cleaning, scenting, or deodorizing the air. “Air Freshener” does not include products that
are used on the human body, products that function primarily as cleaning products as
indicated on a product label, “Toilet/Urinal Care Products”, disinfectant products
claiming to deodorize by killing germs on surfaces, or institutional and industrial
disinfectants when offered for sale solely through institutional and industrial channels of
distribution. “Air Freshener” does include spray disinfectants and other products that are
expressly represented for use as air fresheners, except institutional and industrial
disinfectants when offered for sale through institutional and industrial channels of
distribution. To determine whether a product is an air freshener, all verbal and visual
representations regarding product use on the label or packaging and in the product's
literature and advertising may be considered. The presence of, and representations about,
a product's fragrance and ability to deodorize (resulting from surface application) shall
not constitute a claim of air freshening.
“All Other Carbon-containing Compounds” means all other compounds that 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 that no form-specific VOM
standard is specified. Unless specified otherwise by the applicable VOM standard, “All
Other Forms” include, but is not limited to, solids, liquids, wicks, powders, crystals, and
cloth or paper wipes (towelettes).
“Alternative Control Plan” or “ACP” means any emissions averaging program approved
by the Agency pursuant to the provisions of this Subpart.
“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”, or “Rubbing Alcohol”.
47
“Antiperspirant” means any product, including, but not limited to, aerosols, roll-ons,
sticks, pumps, pads, creams, and squeeze-bottles, that is intended by the manufacturer to
be used to reduce perspiration in the human axilla by at least 20 percent in at least 50
percent of a target population.
“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 not limited to, bathroom and
kitchen fixtures, cabinets, concrete forms, doors, elevators, fences, hand railings, heating
equipment, air conditioning equipment, and other fixed mechanical equipment or
stationary tools, lampposts, partitions, pipes and piping systems, rain gutters and
downspouts, stairways, fixed ladders, catwalks and fire escapes, and window screens.
“Architectural Coating” means, for purposes of this Subpart, a coating to be applied to
stationary structures or the appurtenances at the site of installation, to portable buildings
at the site of installation, to pavements, or to curbs. Coatings applied in shop applications
or to non-stationary structures such as airplanes, ships, boats, railcars, and automobiles,
and adhesives are not considered “Architectural Coatings” for the purposes of this
Subpart.
“Astringent/Toner” means any product not regulated as a drug by the United States Food
and Drug Administration (FDA) that 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 that is designed to
protect and improve the appearance of automotive paint surfaces, and is a solid at room
temperature, and contains 0% water by formulation.
“Automotive Instant Detailer” means a product designed for use in a pump spray that is
applied to the painted surface of automobiles and wiped off prior to the product being
allowed to dry.
“Automotive Rubbing or Polishing Compound” means a product designed primarily to
remove oxidation, old paint, scratches or swirl marks, and other defects from the painted
surfaces of motor vehicles without leaving a protective barrier.
48
“Automotive Wax, Polish, Sealant, or Glaze” means a product designed to seal out
moisture, increase gloss, or otherwise enhance a motor vehicle’s painted surfaces. This
includes, but is not limited to, products designed for use in autobody repair shops and
drive-through car washes, as well as products designed for the general public. The term
does not include “Automotive Rubbing or Polishing Compounds”, automotive wash and
wax products, surfactant-containing car wash products, and products designed for use on
unpainted surfaces such as bare metal, chrome, glass, or plastic.
“Automotive Windshield Washer Fluid” means any liquid designed for use in a motor
vehicle windshield washer system either as an antifreeze or for the purpose of cleaning,
washing, or wetting the windshield. This does not include fluids placed by the
manufacturer in a new vehicle.
“Bathroom and Tile Cleaner” means a product designed to clean tile or surfaces in
bathrooms. The term does not include products designed primarily to clean toilet bowls,
toilet tanks or urinals.
“Bug and Tar Remover” means a product labeled to remove either or both of the
following from painted motor vehicle surfaces without causing damage to the finish:
biological-type residues such as insect carcasses, tree sap and road grime such as road tar,
roadway paint markings, and asphalt.
“Carburetor or Fuel-Injection Air Intake Cleaners” means a product designed to remove
fuel deposits, dirt, or other contaminants from a carburetor, choke, throttle body of a fuel-
injection system, or associated linkages, excluding products designed exclusively to be
introduced directly into the fuel lines or fuel storage tank prior to introduction into the
carburetor or fuel injectors.
“Carpet and Upholstery Cleaner” means a cleaning product designed for the purpose of
eliminating dirt and stains on rugs, carpeting, and the interior of motor vehicles and/or on
household furniture or objects upholstered or covered with fabrics such as wool, cotton,
nylon or other synthetic fabrics. This includes, but is not limited to, products that make
fabric protectant claims. The term does not include “General Purpose Cleaners”, “Spot
Removers”, vinyl or leather cleaners, dry cleaning fluids, or products designed
exclusively for use at industrial facilities engaged in furniture or carpet manufacturing.
“Charcoal Lighter Material” means any combustible material designed to be applied on,
incorporated in, added to, or used with charcoal to enhance ignition. The term does not
include any of the following: electrical starters and probes, metallic cylinders using paper
tinder, natural gas, propane, and fat wood.
“Colorant” means, for purposes of this Subpart, any pigment or coloring material used in
a consumer product for an aesthetic effect or to dramatize an ingredient.
“Construction, Panel, and Floor Covering Adhesive” means any one-component adhesive
that is designed exclusively for the installation, remodeling, maintenance, or repair of
49
structural and building components that include, but are not limited to, beams, trusses,
studs, paneling (including, but not limited to, drywall or drywall laminates, fiberglass
reinforced plastic (FRP), plywood, particle board, insulation board, pre-decorated
hardboard or tileboard), ceiling and acoustical tile, molding, fixtures, countertops or
countertop laminates, cove or wall bases, flooring or subflooring, or floor or wall
coverings (including, but 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 Subpart, “Consumer Product” shall also refer to
“Aerosol Adhesive”, including “Aerosol Adhesive” used for consumer, industrial or
commercial uses.
“Contact Adhesive” means an adhesive that is designed for application to both surfaces to
be bonded together, and is allowed to dry before the two surfaces are placed in contact
with each other, and forms an immediate bond that is impossible, or difficult, to
reposition after both adhesive-coated surfaces are placed in contact with each other, and
does not need sustained pressure or clamping of surfaces after the adhesive-coated
surfaces have been brought together using sufficient momentary pressure to establish full
contact between both surfaces. The term does not include rubber cements that are
primarily intended for use on paper substrates. “Contact Adhesive” also does not include
vulcanizing fluids that are designed and labeled for tire repair only.
“Contact Adhesive - General Purpose” means any contact adhesive that is not a “Contact
Adhesive - Special Purpose".
“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, or 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.
50
“Container/Packaging” means the part or parts of the consumer or institutional product
that serve only to contain, enclose, incorporate, deliver, dispense, wrap or store the
chemically formulated substance or mixture of substances that is solely responsible for
accomplishing the purposes for which the product was designed or intended. This
includes any article onto or into which the principal display panel and other
accompanying literature or graphics are incorporated, etched, printed or attached.
“Crawling Bug Insecticide” means any insecticide product that is designed for use against
ants, cockroaches, or other household crawling arthropods, including, but not limited to,
mites, silverfish or spiders, excluding products designed to be used exclusively on
humans or animals, or any house dust mite product. For the purposes of this definition
only:
“House dust mite product” means a product whose label, packaging, or
accompanying literature states that the product is suitable for use against house
dust mites, but does not indicate that the product is suitable for use against ants,
cockroaches, or other household crawling arthropods.
“House dust mite” means mites that 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 that date.
“Deodorant” means:
For products manufactured before JanuaryJuly 1, 2009: any product including,
but not limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-
bottles that is intended by the manufacturer to be used to minimize odor in the
human axilla by retarding the growth of bacteria that cause the decomposition of
perspiration.
For products manufactured on or after JanuaryJuly 1, 2009: any product
including, but not limited to, aerosols, 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 to the container or packaging, 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 to the container or packaging to the
container or packaging that it can be used on or applied to the human axilla, is a
“Deodorant”.
“Deodorant Body Spray” means:
51
For products manufactured before JanuaryJuly 1, 2009: a “Personal Fragrance
Product” with 20 percent or less fragrance.
For products manufactured on or after JanuaryJuly 1, 2009: a “Personal
Fragrance Product” with 20 percent or less fragrance that is designed for
application all over the human body to provide a scent. A “Deodorant Body
Spray” product that indicates or depicts on the container or packaging, or on any
sticker or label affixed to the container or packaging, that it can be used on or
applied to the human axilla, is a “Deodorant”
“Device” means any instrument or contrivance (other than a firearm) designed for
trapping, destroying, repelling, or mitigating any pest or any other form of plant or
animal life (other than man and other than bacterium, virus, or another microorganism on
or in living man or other living animals), but not including equipment used for the
application of pesticides when sold separately from the device.
“Disinfectant” means any product intended to destroy or irreversibly inactivate infectious
or other undesirable bacteria, pathogenic fungi, or viruses on surfaces or inanimate
objects and whose label is registered under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA, 7 USC 136 et seq.). “Disinfectant” does not include any of the
following products designed solely for use on humans or animals, products designed for
agricultural use, products designed solely for use in swimming pools, therapeutic tubs, or
hot tubs, products that, 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
contents in two or more distinct phases that require the product container to be shaken
before use to mix the phases, producing an emulsion.
“Dry Cleaning Fluid” means any non-aqueous liquid product designed and labeled
exclusively for use on fabrics that are labeled “dry clean only”, such as clothing or
drapery or “S-coded” fabrics. This includes, but is not limited to, those products used by
commercial dry cleaners and commercial businesses that clean fabrics such as draperies
at the customer’s residence or work place. The term does not include “Spot Remover” or
“Carpet and Upholstery Cleaner”. For the purposes of this definition, “S-coded fabric”
means an upholstery fabric designed to be cleaned only with water-free spot cleaning
products as specified by the Joint Industry Fabric Standards Committee.
“Dusting Aid” means a product designed to assist in removing dust and other soils from
floors and other surfaces without leaving a wax or silicone based coating. The term does
not include “Pressurized Gas Duster”.
“Electrical Cleaner” means a product labeled to remove heavy soils such as grease,
grime, or oil from electrical equipment, including, but not limited to, electric motors,
armatures, relays, electric panels, or generators. The term does not include “General
52
Purpose Cleaner”, “General Purpose Degreaser”, “Dusting Aid”, “Electronic Cleaner”,
“Energized Electrical Cleaner”, “Pressurized Gas Duster”, “Engine Degreaser”, “Anti-
Static Product”, or products designed to clean the casings or housings of electrical
equipment.
“Electronic Cleaner” means a product labeled for the removal of dirt, moisture, dust, flux
or oxides from the internal components of electronic or precision equipment such as
circuit boards, and the internal components of electronic devices, including, but not
limited to, radios, compact disc (CD) players, digital video disc (DVD) players, and
computers. “Electronic Cleaner” does not include “General Purpose Cleaner”, “General
Purpose Degreaser”, “Dusting Aid”, “Pressurized Gas Duster”, “Engine Degreaser”,
“Electrical Cleaner”, “Energized Electrical Cleaner”, “Anti-Static Product”, or products
designed to clean the casings or housings of electronic equipment.
“Energized Electrical Cleaner” means a product that meets both of the following criteria:
The product is labeled to clean and/or degrease electrical equipment, where
cleaning and/or degreasing is accomplished when electrical current exists, or
when there is a residual electrical potential from a component, such as a capacitor.
The product label clearly displays the statements: “Energized equipment use 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 JanuaryJuly 1, 2009, or any
subsequently introduced identical formulation.
“Fabric Protectant” means a product designed to be applied to fabric substrates to protect
the surface from soiling from dirt and other impurities or to reduce absorption of liquid
into the fabric's fibers. The term does not include waterproofers, products designed for
use solely on leather, or products designed for use solely on fabrics labeled “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, or clothing or on
household furniture or objects upholstered or covered with fabrics such as, but not limited
to, wool, cotton, or nylon. “Fabric Refresher” does not include “Anti-static Product”,
“Carpet and Upholstery Cleaner”, “Soft Household Surface Sanitizers”, “Footwear or
Leather Care Product”, “Spot Remover”, or “Disinfectant”, or products labeled for
application to both fabric and human skin.
53
For the purposes of this definition only, “Soft Household Surface Sanitizer”
means a product labeled to neutralize or eliminate odors on the listed surfaces
above whose label is registered as a sanitizer under the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA, 7 USC 136 et seq.).
“Facial Cleaner or Soap” means a cleaner or soap designed primarily to clean the face
including, but not limited to, facial cleansing creams, semisolids, liquids, lotions, and
substrate-impregnated forms. The term does not include prescription drug products,
“Antimicrobial Hand or Body Cleaner or Soap”, “Astringent/Toner”, “General-use Hand
or Body Cleaner or Soap”, “Medicated Astringent/Medicated Toner”, or “Rubbing
Alcohol.”
“Fat Wood” means pieces of wood kindling with high naturally-occurring levels of sap or
resin that enhance ignition of the kindling, excluding any kindling with substances added
to enhance flammability, such as wax-covered or wax-impregnated wood-based products.
“Faux Finishing Coating” means a coating labeled and formulated as a stain or a glaze to
create artistic effects including, but not limited to, dirt, old age, smoke damage, and
simulated marble and wood grain.
“Flea and Tick Insecticide” means any insecticide product that is designed for use against
fleas, ticks, their larvae, or their eggs. The term does not include products that are
designed to be used exclusively on humans or animals and their bedding.
“Flexible Flooring Material” means asphalt, cork, linoleum, no-wax, rubber, seamless
vinyl and vinyl composite flooring.
“Floor Coating” means an opaque coating that is labeled and formulated for application
to flooring, including, but not limited to, decks, porches, steps, and other horizontal
surfaces that may be subjected to foot traffic.
“Floor Polish or Wax” means a wax, polish, or any other product designed to polish,
protect, or enhance floor surfaces by leaving a protective coating that is designed to be
periodically replenished. The term does not include “Spray Buff Products”, products
designed solely for the purpose of cleaning floors, floor finish strippers, products
designed for unfinished wood floors, and coatings subject to architectural coatings
regulations.
“Floor Seam Sealer” means any product designed and labeled exclusively for bonding,
fusing, or sealing (coating) seams between adjoining rolls of installed flexible sheet
flooring.
“Floor Wax Stripper” means a product designed to remove natural or synthetic floor
polishes or waxes through breakdown of the polish or wax polymers, or by dissolving or
54
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 purposes of this definition only, “Moth-Proofing Product” means a product
whose label, packaging, or accompanying literature indicates that the product is
designed to protect fabrics from damage by moths, but does not indicate that the
product is suitable for use against flying insects or other flying arthropods.
“Footwear or Leather Care Product” means any product designed or labeled to be applied
to footwear or to other leather articles/components to maintain, enhance, clean, protect, or
modify the appearance, durability, fit, or flexibility of the footwear or leather
article/component. Footwear includes both leather and non-leather foot apparel.
“Footwear or Leather Care Product” does not include “Fabric Protectant”, “General
Purpose Adhesive”, “Contact Adhesive”, “Vinyl/Fabric/Leather/Polycarbonate Coating”,
“Rubber and Vinyl Protectant”, “Fabric Refresher”, products solely for deodorizing, or
sealant products with adhesive properties used to create external protective layers greater
than two millimeters thick.
“Fragrance” means a substance or complex mixture of aroma chemicals, natural essential
oils, and other functional components with a combined vapor pressure not in excess of
two mm of Hg at 20
o
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”, products
designed solely for the purpose of cleaning, and products designed to leave a permanent
finish such as stains, sanding sealers and lacquers.
“Furniture Coating” means any paint designed for application to room furnishings
including, but not limited to, cabinets (kitchen, bath and vanity), tables, chairs, beds, and
sofas.
“Gel” means a colloid in which the disperse phase has combined with the continuous
phase to produce a semisolid material, such as jelly.
“General Purpose Adhesive” means any non-aerosol adhesive designed for use on a
variety of substrates. The term does not include contact adhesives, construction, panel,
and floor covering adhesives, adhesives designed exclusively for application on one
specific category of substrates (i.e., substrates that are composed of similar materials,
such as different types of metals, paper products, ceramics, plastics, rubbers, or vinyls),
55
or adhesives designed exclusively for use on one specific category of articles (i.e., articles
that may be composed of different materials but perform a specific function, such as
gaskets, automotive trim, weather-stripping, or carpets).
“General Purpose Cleaner” means a product designed for general all-purpose cleaning, in
contrast to cleaning products designed to clean specific substrates in certain situations.
This includes products designed for general floor cleaning, kitchen or countertop
cleaning, and cleaners designed to be used on a variety of hard surfaces, and does not
include “General Purpose Degreasers” and “Electronic Cleaners”.
“General Purpose Degreaser” means any product labeled to remove or dissolve grease,
grime, oil and other oil-based contaminants from a variety of substrates, including
automotive or miscellaneous metallic parts. This does not include “Engine Degreaser”,
“General Purpose Cleaner”, “Adhesive Remover”, “Electronic Cleaner”, “Electrical
Cleaner”, “Energized Electrical Cleaner”, “Metal Polish/Cleanser”, products used
exclusively in “Solvent Cleaning Tanks or Related Equipment”, or products that are sold
exclusively to establishments that manufacture or construct goods or commodities, and
labeled “not for retail sale”.
“Solvent Cleaning Tanks or Related Equipment” includes, but is not limited to,
cold cleaners, vapor degreasers, conveyorized degreasers, film cleaning machines,
or products designed to clean miscellaneous metallic parts by immersion in a
container.
“General-Use Hand or Body Cleaner or Soap” means a cleaner or soap designed to be
used routinely on the skin to clean or remove typical or common dirt and soils, including,
but not limited to, hand or body washes, dual-purpose shampoo-body cleaners, shower or
bath gels, and moisturizing cleaners or soaps. The term does not include prescription
drug products, “Antimicrobial Hand or Body Cleaner or Soap”, “Astringent/Toner”,
“Facial Cleaner or Soap”, “Hand Dishwashing Detergent” (including antimicrobial),
“Heavy-duty Hand Cleaner or Soap”, “Medicated Astringent/Medicated Toner”, or
“Rubbing Alcohol.”
“Glass Cleaner” means a cleaning product designed primarily for cleaning surfaces made
of glass. The term does not include products designed solely for the purpose of cleaning
optical materials used in eyeglasses, photographic equipment, scientific equipment and
photocopying machines.
“Graffiti Remover” means a product labeled to remove spray paint, ink, marker, crayon,
lipstick, nail polish, or shoe polish from a variety of non-cloth or nonfabric substrates.
The term does not include “Paint Remover or Stripper”, “Nail Polish Remover”, or “Spot
Remover”. Products labeled for dual use as both a paint stripper and graffiti remover are
considered “Graffiti Removers.”
“Hair Mousse” means a hairstyling foam designed to facilitate styling of a coiffure and
provide limited holding power.
56
“Hair Shine” means any product designed for the primary purpose of creating a shine
when applied to the hair. This includes, but is not limited to, dual-use products designed
primarily to impart a sheen to the hair. The term does not include “Hair Spray”, “Hair
Mousse”, “Hair Styling Product”, "Hair Styling Gel”, or products whose primary purpose
is to condition or hold the hair.
“Hair Spray” means:
For products manufactured before JanuaryJuly 1, 2009: a consumer product
designed primarily for the purpose of dispensing droplets of a resin on and into a
hair coiffure that will impart sufficient rigidity to the coiffure to establish or retain
the style for a period of time.
For products manufactured on or after JanuaryJuly 1, 2009: a consumer product
that is applied to styled hair and is designed or labeled to provide sufficient
rigidity to hold, retain and/or finish the style of the hair for a period of time. This
includes aerosol hair sprays, pump hair sprays, spray waxes; color, glitter, or
sparkle hairsprays that make finishing claims; and products that are both a styling
and finishing product. This does not include spray products that are intended to
aid in styling but do 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 forming, sculpting, or manipulating the hair to temporarily alter
the hair's shape.
“Hair Styling Gel” means a consumer product manufactured before JanuaryJuly
1, 2009
that is a high viscosity, often gelatinous, product that contains a resin and is designed for
application to hair to aid in styling and sculpting of the hair coiffure.
“Hair Styling Product” means a consumer product manufactured on or after JanuaryJuly
1, 2009 that is designed or labeled for application to wet, damp or dry hair to aid in
defining, shaping, lifting, styling and/or sculpting of the hair. This includes, but is not
limited to, hair balm, clay, cream, creme, curl straightener, gel, liquid, lotion, paste,
pomade, putty, root lifter, serum, spray gel, stick, temporary hair straightener, wax, spray
products that aid in styling but do not provide finishing of a hairstyle, and leave-in
volumizers, detanglers and/or conditioners that make styling claims. This does not
include “Hair Mousse”, “Hair Shine”, “Hair Spray”, or shampoos and/or conditioners that
are rinsed from the hair prior to styling. For the purposes of this Subpart, “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 forming, sculpting, or
manipulating the hair to temporarily alter the hair's shape.
“Heavy-Duty Hand Cleaner or Soap” means a product designed to clean or remove
difficult dirt and soils such as oil, grease, grime, tar, shellac, putty, printer’s ink, paint,
graphite, cement, carbon, asphalt, or adhesives from the hand with or without the use of
57
water. The term does not include prescription drug products, “Antimicrobial Hand or
Body Cleaner or Soap”, “Astringent/Toner”, “Facial Cleaner or Soap”, “General-use
Hand or Body Cleaner or Soap”, “Medicated Astringent/Medicated Toner” or “Rubbing
Alcohol.”
“Herbicide” means a pesticide product designed to kill or retard a plant’s growth, but
excludes products that are for agricultural use, or restricted materials that require a permit
for use and possession.
“High Volatility Organic Material” or “HVOM” or “High Volatility Organic Compound”
means any volatile organic material or volatile organic compound that exerts a vapor
pressure greater than 80 millimeters of Mercury (mm Hg) when measured at 20
o
C.
“Household Product” means any consumer product that is primarily designed to be used
inside or outside of living quarters or residences that are occupied or intended for
occupation by individuals, including the immediate surroundings.
“Illinois Sales" means the sales (net pounds of product, less packaging and container, per
year) in Illinois for either the calendar year immediately prior to the year that the
registration is due or, if that data is not available, any consecutive 12 month period
commencing no earlier than two years prior to the due date of the registration. If direct
sales data for Illinois is not available, sales may be estimated by prorating national or
regional sales data by population.
“Industrial Use” means use for or in a manufacturing, mining, or chemical process or use
in the operation of factories, processing plants, and similar sites.
“Insecticide” means a pesticide product that is designed for use against insects or other
arthropods, but excluding products that are for agricultural use or for a use that requires a
structural pest control license under the Structural Pest Control Act [225 ILCS 235], or
restricted materials that require a permit for use and possession.
“Insecticide Fogger” means any insecticide product designed to release all or most of its
content, as a fog or mist, into indoor areas during a single application.
“Institutional Product” or “Industrial and Institutional (I&I) Product” means a consumer
product that is designed for use in the maintenance or operation of an establishment that
manufactures, transports, or sells goods or commodities, or provides services for profit,
or is engaged in the nonprofit promotion of a particular public, educational, or charitable
cause. “Establishments” include, but are not limited to, government agencies, factories,
schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile service and
parts centers, health clubs, theaters, or transportation companies. This does not include
household products and products that are incorporated into or used exclusively in the
manufacture or construction of the goods or commodities at the site of the establishment.
58
“Label” means any written, printed, or graphic matter affixed to, applied to, attached to,
blown into, formed into, molded into, embossed on, or appearing upon any consumer
product or consumer product package, for purposes of branding, identifying, or giving
information with respect to the product or to the contents of the package.
“Lacquer” means, for purposes of this Subpart, a clear or opaque wood coating, including
clear lacquer sanding sealers, formulated with cellulosic or synthetic resins to dry by
evaporation without chemical reaction and to provide a solid, protective film.
“Laundry Prewash” means a product that is designed for application to a fabric prior to
laundering and that supplements and contributes to the effectiveness of laundry
detergents and/or provides specialized performance.
“Laundry Starch Product” means a product that is designed for application to a fabric,
either during or after laundering, to impart and prolong a crisp, fresh look and may also
act to help ease ironing of the fabric. This includes, but is not limited to, fabric finish,
sizing, and starch.
“Lawn and Garden Insecticide” means an insecticide product labeled primarily to be used
in household lawn and garden areas to protect plants from insects or other arthropods.
Notwithstanding the requirements of Section 223.260, aerosol “Lawn and Garden
Insecticides” may claim to kill insects or other arthropods.
“Liquid” means a substance or mixture of substances that is capable of a visually
detectable flow as determined under ASTM D-4359-90, incorporated by reference in
Section 223.120, or an equivalent method approved by the California Air Resources
Board. This does not include powders or other materials that are composed entirely of
solid particles.
“Lubricant” means a product designed to reduce friction, heat, noise, or wear between
moving parts, or to loosen rusted or immovable parts or mechanisms. This does not
include automotive power steering fluids; products for use inside power generating
motors, engines, and turbines, and their associated power-transfer gearboxes; two cycle
oils or other products designed to be added to fuels; products for use on the human body
or animals; or products that are sold exclusively to establishments that manufacture or
construct goods or commodities, and labeled “not for retail sale.”
“LVP Content” means the total weight, in pounds, of LVP compounds in an ACP product
multiplied by 100 and divided by the product's total net weight (in pounds, excluding
container and packaging), expressed to the nearest 0.1.
“LVP-VOM” or “LVP-VOC” means a chemical material or mixture or compound that
contains at least one carbon atom and meets one of the following:
Has a vapor pressure less than 0.1 mm Hg at 20
o
C, as determined by CARB
Method 310, incorporated by reference in Section 223.120; or
59
Is a chemical material or compound with more than 12 carbon atoms, or a
chemical mixture comprised solely of material or a compound with more than 12
carbon atoms as verified by formulation data, and the vapor pressure and boiling
point are unknown; or
Is a chemical material or compound with a boiling point greater than 216
o
C, as
determined by CARB Method 310, incorporated by reference in Section 223.120;
or
Is the weight percent of a chemical mixture that boils above 216
o
C, as determined
by CARB Method 310, incorporated by reference in Section 223.120.
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 that is applied to the skin for the purpose of cleaning or tightening pores. This
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” or “MVOM” or “Medium Volatility Organic
Compound or “MVOC” means any volatile organic material or volatile organic
compound that exerts a vapor pressure greater than two mm Hg and less than or equal to
80 mm Hg when measured at 20
o
C.
“Metal Polish /Cleanser” means any product designed primarily to improve the
appearance of finished metal,
or metallic, or metallized surfaces by physical or chemical
action. To “improve the appearance” means to remove or reduce stains, impurities, or
oxidation from surfaces or to make surfaces smooth and shiny. This includes, but is not
limited to, metal polishes used on brass, silver, chrome, copper, stainless steel and other
ornamental metals. The term does not include “Automotive Wax, Polish, Sealant or
Glaze”, wheel cleaner, “Paint Remover or Stripper”, products designed and labeled
exclusively for automotive and marine detailing, or products designed for use in
degreasing tanks.
“Mist Spray Adhesive” means any aerosol which is not a special purpose spray adhesive
and that 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.
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“Multi-Purpose Dry Lubricant” means any lubricant designed and labeled to provide
lubricity by depositing a thin film of graphite, molybdenum disulfide (moly), or
polytetrafluoroethylene or closely related fluoropolymer (Teflon) on surfaces, and
designed for general purpose lubrication or for use in a wide variety of applications.
“Multi-Purpose Lubricant” means any lubricant designed for general purpose lubrication,
or for use in a wide variety of applications. The term does not include “Multi-purpose
Dry Lubricants”, “Penetrants”, or “Silicone-based Multi-purpose Lubricants.”
“Multi-Purpose Solvent” means any organic liquid designed to be used for a variety of
purposes, including cleaning or degreasing of a variety of substrates, or thinning,
dispersing or dissolving other organic materials. This includes solvents used in
institutional facilities, except for laboratory reagents used in analytical, educational,
research, scientific or other laboratories. This does not include solvents used in cold
cleaners, vapor degreasers, conveyorized degreasers or film cleaning machines, or
solvents that are incorporated into, or used exclusively in the manufacture or construction
of the goods or commodities at the site of the establishment.
“Nail Polish” means any clear or colored coating designed for application to the
fingernails or toenails, including but not limited to lacquers, enamels, acrylics, base coats
and top coats.
“Nail Polish Remover” means a product designed to remove nail polish and coatings
from fingernails or toenails.
“Non-Aerosol Product” means any consumer product that is not dispensed by a
pressurized spray system.
“Non-Carbon Containing Compound” means any compound that does not contain any
carbon atoms.
“Nonresilient Flooring” means flooring of a mineral content that 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, or liquefiable or mastic composition designed for
application to a substrate in a thin layer that is converted to an opaque solid film after
application and is used for protection, decoration or identification, or to serve some
functional purpose such as the filling or concealing of surface irregularities or the
modification of light and heat radiation characteristics.
61
“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”, paintbrush 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
labeled primarily to loosen bonded parts.
“Personal Fragrance Product” means any product that is applied to the human body or
clothing for the primary purpose of adding a scent or masking a malodor, including
cologne, perfume, aftershave, and toilet water. This does not include “Deodorant”,;
medicated products designed primarily to alleviate fungal or bacterial growth on feet or
other areas of the body; mouthwashes and breath fresheners and deodorizers; lotions,
moisturizers, powders or other skin care products used primarily to alleviate skin
conditions such as dryness and irritations; products designed exclusively for use on
human genitalia; soaps, shampoos, and products primarily used to clean the human body;
and fragrance products designed to be used exclusively on non-human animals.
“Pesticide” means and includes any substance or mixture of substances labeled, designed,
or intended for use in preventing, destroying, repelling or mitigating any pest, or any
substance or mixture of substances labeled, designed, or intended for use as a defoliant,
desiccant, or plant regulator, provided that the term “Pesticide” will not include any
substance, mixture of substances, or device 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 or changes
in gloss level, or to cover fingerprints.
“Pressurized Gas Duster” means a pressurized product labeled to remove dust from a
surface solely by means of mass air or gas flow, including surfaces such as photographs,
photographic film negatives, computer keyboards, and other types of surfaces that cannot
be cleaned with solvents. This does not include “Dusting Aid”.
“Principal Display Panel or Panels” means that part, or those parts, of a label that are so
designed as to most likely be displayed, presented, shown or examined under normal and
customary conditions of display or purchase. Whenever a principal display panel appears
more than once, all requirements pertaining to the “Principal Display Panel” shall pertain
to all such “Principal Display Panels.”
“Product Brand Name” means the name of the product exactly as it appears on the
principal display panel of the product.
62
“Product Category” means the applicable category, defined in this Section and limited in
Section 223.205(a), which best describes the product.
“Product Form” for the purpose of complying with Section 223.270 only, means the
applicable form that most accurately describes the product's dispensing form as follows:
A = Aerosol Product
S = Solid
P = Pump Spray
L = Liquid
SS = Semisolid
O = Other
“Product Line” means a group of products of identical form and function belonging to the
same product category or categories.
“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 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 the ACP product was “manufactured for” or
“distributed by”, as noted on the label.
“Restricted Materials” means pesticides established as restricted materials under
applicable Illinois statutes 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.
“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).
63
“Sanding Sealer” means, for purposes of this Subpart, a clear or semi-transparent wood
coating labeled and formulated for application to bare wood to seal the wood and to
provide a coat that can be abraded to create a smooth surface for subsequent applications
of coatings. A “Sanding Sealer” that also meets the definition of a “Lacquer” is not
included in this category, but it is included in the “Lacquer” category.
“Sealant and Caulking Compound” means any product with adhesive properties that is
designed to fill, seal, waterproof, or weatherproof gaps or joints between two surfaces.
This does not include roof cements and roof sealants, insulating foams, removable
caulking compounds, Clear/paintable/water resistant caulking compounds, floor seam
sealers, products designed exclusively for automotive uses, or sealers that are applied as
continuous coatings. The term also does not include units of product, less packaging, that
weigh more than one pound and consist of more than 16 fluid ounces.
For the purposes of this definition only, “removable caulking compounds” means
a compound that temporarily seals windows or doors for three to six month time
intervals. “Clear/paintable/water resistant caulking compound” means a
compound that contains no appreciable level of opaque fillers or pigments;
transmits most or all visible light through the caulk when cured; is paintable; and
is immediately resistant to precipitation upon application.
“Semisolid” means a product that, at room temperature, will not pour, but will spread or
deform easily, including but not limited to gels, pastes, and greases.
“Shaving Cream” means an aerosol product that dispenses a foam lather intended to be
used with a blade or cartridge razor, or other wet-shaving system, in the removal of facial
or other body 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 body hair. This does not include “Shaving Cream”.
“Silicone-Based Multi-Purpose Lubricant” means any lubricant 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
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 that does not require that the product
container be shaken before use.
“Solid” means a substance or mixture of substances that, either whole or subdivided
(such as the particles comprising a powder), is not capable of visually detectable flow as
determined under ASTM D4359-90, incorporated by reference in Section 223.120, or an
equivalent method approved by the California Air Resources Board.
64
“Special Purpose Spray Adhesive” means an aerosol adhesive that meets any of the
following definitions:
“Mounting Adhesive” means an aerosol adhesive designed to permanently mount
photographs, artwork, and any other drawn or printed media to a backing (paper,
board, cloth, etc.) without causing discoloration to the artwork.
“Flexible Vinyl Adhesive” means an aerosol adhesive designed to bond flexible
vinyl to substrates. Flexible vinyl means a nonrigid polyvinyl chloride plastic
with at least five percent, by weight, of plasticizer content. A plasticizer is a
material, such as a high boiling point organic solvent, that is incorporated into a
plastic to increase its flexibility, workability, or distensibility, and may be
determined using ASTM E260-96, incorporated by reference in Section 223.120,
or from product formulation data or an equivalent method approved by the
CARB.
“Polystyrene Foam Adhesive” means an aerosol adhesive designed to bond
polystyrene foam to substrates.
“Automobile Headliner Adhesive” means an aerosol adhesive designed to bond
together layers in motor vehicle headliners.
“Polyolefin Adhesive” means an aerosol adhesive designed to bond polyolefins to
substrates.
“Laminate Repair/Edgebanding Adhesive” means an aerosol adhesive designed
for:
The touch-up or repair of items laminated with high pressure laminates
(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 that consist of paper, fabric, or other core material that have been
laminated at temperatures exceeding 265° 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 to
275° F.
65
“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-purposePurpose Solvent.”
“Spray Buff Product” means a product designed to restore a worn floor finish in
conjunction with a floor buffing machine and special pad.
“Stick Product” means any antiperspirant or deodorant that contains active ingredients in
a solid matrix form, and that dispenses the active ingredients by frictional action on the
affected area.
“Structural Waterproof Adhesive” means an adhesive whose bond lines are resistant to
conditions of continuous immersion in fresh or salt water and that conforms with Federal
Specification MMM-A-181D (Type 1, Grade A), incorporated by reference in Section
223.120, and MIL-A-4605 (Type A, Grade A and Grade C), per the Federal Consumer
Products Regulation (40 CFR 59, subpart C), incorporated by reference in Section
223.120.
“Terrestrial” means to live on or grow from land.
“Tire Sealant and Inflation” means any pressurized product that is designed to
temporarily inflate and seal a leaking tire.
“Toilet/Urinal Care Product” means any product designed or labeled to clean and/or to
deodorize toilet bowls, toilet tanks, or urinals. Toilet bowls, toilet tanks, or urinals
include, but are not limited to, toilets or urinals connected to permanent plumbing in
buildings and other structures, portable toilets or urinals placed at temporary or remote
locations, and toilets or urinals in vehicles such as buses, recreational motor homes,
boats, ships, and aircraft. This does not include “Bathroom and Tile Cleaner” or
“General Purpose Cleaner.”
“Type A Propellant” means a compressed gas, such as CO
2
, N
2
, N
2
O, or compressed air
that is used as a propellant, and is either incorporated with the product or contained in a
separate chamber within the product's packaging.
“Type B Propellant” means any halocarbon that is used as a propellantpropellent
including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and
hydrofluorocarbons (HFCs).
“Type C Propellant” means any propellantpropellent that is not a Type A or Type B
propellant, including propane, isobutane, n-butane, and dimethyl ether (also known as
dimethyl oxide).
“Undercoating” means any aerosol product designed to impart a protective, non-paint
layer to the undercarriage, trunk interior, and/or firewall of motor vehicles to prevent the
66
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 that 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,
Certified Use Rate
VOC Content =
(Certified Emissions
x 100)
Certified
Emissions
=
The emissions level for products approved by the
Agency under Section 223.220, as determined pursuant to
South Coast Air Quality Management District Rule 1174,
Ignition Method Compliance Certification Protocol
(February 27, 1991), incorporated by reference in Section
223.120, expressed to the nearest 0.001 pound CH
2
per
start.
Certified
Use Rate
=
The usage level for products approved by the Agency under
Section 223.220, as determined pursuant to South Coast Air
Quality Management District Rule 1174, Ignition Method
Compliance Certification Protocol (February 27, 1991),
incorporated by reference in Section 223.120, expressed to
the nearest 0.001 pound certified product used per start.
For purposes of Subpart C of this Part, “VOM Content” means the weight of
VOM per volume of coating, calculated according to the procedures specified in
Section 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”.
67
“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 that 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.
“Wood Floor Wax” means wax-based products for use solely on wood floors.
Section 223.205
Standards
a)
Except as provided in Section 223.207, 223.230, 223.240, or 223.245, no person
shall sell, supply, offer for sale, or manufacture for sale in Illinois any consumer
product manufactured on or after JanuaryJuly 1, 2009 that contains VOMs in
excess of the limits specified in this subsection:
Affected Product
% VOM by Weight
1)
Adhesives – Spray
A)
Mist Spray
65
B)
Web Spray
55
C)
Special Purpose Spray Adhesives
i)
Mounting, Automotive Engine Compartment, and
Flexible Vinyl
70
ii)
Polystyrene Foam and Automotive Headliner
65
iii)
Polyolefin and Laminate Repair /Edgebanding
60
2)
Adhesives – Construction, Panel and Floor Contact
15
3)
Adhesives – General Purpose
10
68
4)
Adhesives – Structural Waterproof
15
5)
Air Fresheners
A)
Single-Phase Aerosol
30
B)
Double Phase Aerosol
25
C)
Liquids / Pump Sprays
18
D)
Solids / Gel
3
6)
Antiperspirants
A)
Aerosol
40 HVOM
10 MVOM
B)
Non-Aerosol
0 HVOM
0 MVOM
7)
Automotive Brake Cleaners
45
8)
Automotive Rubbing or Polishing Compound
17
9)
Automotive Wax, Polish, Sealant, or Glaze
A)
Hard Paste Waxes
45
B)
Instant Detailers
3
C)
All Other Forms
15
10)
Automotive Windshield Washer Fluids
35
11)
Bathroom and Tile Cleaners
A)
Aerosol
7
B)
All Other Forms
5
12)
Bug and Tar Remover
40
13)
Carburetor or Fuel-Injection Air Intake Cleaners
45
14)
Carpet and Upholstery Cleaners
69
A)
Aerosol
7
B)
Non-Aerosol (Dilutables)
0.1
C)
Non-Aerosol (Ready-to-Use)
3.0
15)
Charcoal Lighter Material
see Section 223.220
16)
Cooking Spray – Aerosol
18
17)
Deodorants
A)
Aerosol
0 HVOM
10 MVOM
B)
Non-Aerosol
0 HVOM
0 MVOM
18)
Dusting Aids
A)
Aerosol
25
B)
All Other Forms
7
19)
Engine Degreasers
A)
Aerosol
35
B)
Non-Aerosol
5
20)
Fabric Protectants
60
21)
Floor Polishes / Waxes
A)
Products for Flexible Flooring Materials
7
B)
Products for Nonresilient Flooring
10
C)
Wood Floor Wax
90
22)
Floor Wax Strippers
see Section 223.209
23)
Furniture Maintenance Products
A)
Aerosol
17
70
B)
All Other Forms Except Solid or Paste
7
24)
General Purpose Cleaners
A)
Aerosol
10
B)
Non-Aerosol
4
25)
General Purpose Degreasers
A)
Aerosol
50
B)
Non-Aerosol
4
26)
Glass Cleaners
A)
Aerosol
12
B)
Non-Aerosol
4
27)
Hair Mousses
6
28)
Hairshines
55
29)
Hairsprays
55
30)
Hair Styling Gels
6
31)
Heavy Duty Hand Cleaner or Soap
8
32)
Insecticides
A)
Crawling Bug (Aerosol)
15
B)
Crawling Bug (All Other Forms)
20
C)
Flea and Tick
25
D)
Flying Bug (Aerosol)
25
E)
Flying Bug (All Other Forms)
35
F)
Foggers
45
G)
Lawn and Garden (Aerosol)
20
H)
Lawn and Garden (All Other Forms)
3
71
I)
Wasp and Hornet
40
33)
Laundry Prewash
A)
Aerosols / Solids
22
B)
All Other Forms
5
34)
Laundry Starch Products
5
35)
Metal Polishes / Cleansers
30
36)
Multi-Purpose Lubricant
(Excluding Solid or Semi-Solid Products)
50
37)
Nail Polish Removers
75
38)
Non-Selective Terrestrial Herbicide - Non-Aerosol
3
39)
Oven Cleaners
A)
Aerosols / Pump Sprays
8
B)
Liquids
5
40)
Paint Removers or Strippers
50
41)
Penetrants
50
42)
Rubber and Vinyl Protectants
A)
Aerosol
10
B)
Non-Aerosol
3
43)
Sealants and Caulking Compounds
4
44)
Shaving Creams
5
45)
Silicone-Based Multi-Purpose Lubricants
(Excluding Solid or Semi-Solid Products)
60
46)
Spot Removers
A)
Aerosol
25
72
B)
Non-Aerosol
8
47)
Tire Sealants and Inflators
20
48)
Undercoatings – Aerosols
40
b)
No person shall sell, supply, offer for sale, or manufacture for sale in Illinois, on
or after JanuaryJuly 1, 2009, any antiperspirant or deodorant that contains any
compound listed below:
Benzene
Ethylene Dibromide
Ethylene Dichloride
Hexavalent Chromium
Asbestos
Cadmium (metallic cadmium and cadmium compounds)
Carbon Tetrachloride
Trichloroethylene
Chloroform
Vinyl Chloride
Inorganic Arsenic
Nickel (metallic nickel and inorganic nickel compounds)
Perchloroethylene
Formaldehyde
1,3-Butadiene
Inorganic Lead
Dibenzo-p-dioxins and dibenzofurans chlorinated in the 2,3,7 and 8
positions and containing 4,5,6 or 7 chlorine atoms
73
Section 223.206 Diluted Products
a)
For consumer products for which the label, packaging, or accompanying literature
specifically states that the product should be diluted with water or non-VOM
solvent prior to use, the limits specified in Section 223.205(a) must apply to the
product only after the minimum recommended dilution has taken place.
b)
For purposes of subsection (a) of this Section, the minimum recommended
dilution shall not include recommendations for incidental use of a concentrated
product to deal with limited special applications such as hard-to-remove soils or
stains.
c)
For consumer products for which the label, packaging, or accompanying literature
states that the product should be diluted with any VOM solvent prior to use, the
limits specified in Section 223.205(a) shall apply to the product only after the
maximum recommended dilution has taken place.
Section 223.207 Products Registered under FIFRA
For those consumer products that are registered under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA, 7 USC 136 through 136y), incorporated by reference in Section
223.120, the effective date of the VOM standards will be JanuaryJuly 1, 2010.
Section 223.208
Requirements for Aerosol Adhesives
a)
As specified in California Code § 41712(h)(2), incorporated by reference in
Section 223.120, the standards for aerosol adhesives apply to all uses of aerosol
adhesives, including consumer, industrial, and commercial uses. Except as
otherwise provided in Sections 223.207, 223.230, 223.240, and 223.245, no
person shall sell, supply, offer for sale, use or manufacture for sale in Illinois any
aerosol adhesive that, at the time of sale, use, or manufacture, contains VOMs in
excess of the specified standard.
b)
Special Purpose Spray Adhesive.
1)
In order to qualify as a Special Purpose Spray Adhesive the product must
meet one or more of the definitions for Special Purpose Spray Adhesive
specified in Section 223.203, but if the product label indicates that the
product is suitable for use on any substrate or application not listed in one
of the definitions for Special Purpose Spray Adhesive, then the product
shall be classified as either a Web Spray Adhesive or a Mist Spray
Adhesive.
2)
If a product meets more than one of the definitions specified in Section
223.203 for Special Purpose Spray Adhesive and is not classified as a
Web Spray Adhesive or Mist Spray Adhesive under Section 223.203, then
74
the VOC limit for the product shall be the lowest applicable VOM limit
specified in Section 223.205(a).
c)
Effective JanuaryJuly 1, 2009, no person shall sell, supply, offer for sale, or
manufacture for use in Illinois any aerosol adhesive that contains any of the
following compounds: methylene chloride, perchloroethylene, or
trichloroethylene.
d)
All aerosol adhesives must comply with the labeling requirements specified in
Section 223.265.
Section 223.209 Requirements for Floor Wax Strippers
On or after JanuaryJuly 1, 2009, no person shall sell, supply, offer for sale, or manufacture for
use in Illinois any floor wax stripper unless the following requirements are met:
a)
The label of each non-aerosol floor wax stripper must specify a dilution ratio for
light or medium build-up of polish that results in an as-used VOM concentration
of three percent by weight or less;
b)
If a non-aerosol floor wax stripper is also intended to be used for removal of
heavy build-up of polish, the label of that floor wax stripper must specify a
dilution ratio for heavy build-up of polish that results in an as-used VOM
concentration of 12% by weight or less; and
c)
The term “light build
-
up”, “medium build
-
up”, or “heavy build
-
up” is not
specifically required, as long as comparable terminology is used.
Section 223.210 Products Containing Ozone-Depleting Compounds
a)
For any consumer product for which standards are specified under Section
223.205(a), no person shall sell, supply, offer for sale, or manufacture for sale in
Illinois any consumer product that contains any of the following ozone-depleting
compounds:
1)
Trichlorofluoromethane (CFC-11);
2)
Dichlorodifluoromethane (CFC-12);
3)
1,1,1-trichloro-2,2,2-trifluoroethane (CFC-113);
4)
1-chloro-1,1-difluoro-2-chloro-2,2-difluoroethane (CFC-114);
5)
Chloropentafluoroethane (CFC-115);
6)
Bromochlorodifluoromethane (Halon 1211);
75
7)
Bromotrifluoromethane (Halon 1301);
8)
Dibromotetrafluoroethane (Halon 2402);
9)
Chlorodifluoromethane (HCFC-22);
10)
2,2-dichloro-1,1,1-trifluoroethane (HCFC-123);
11)
2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);
12)
1,1-dichloro-1-fluoroethane (HCFC-141b);
13)
1-chloro-1,1-difluoroethane (HCFC-142b);
14)
1,1,1-trichloroethane; and
15)
Carbon tetrachloride.
b)
The requirements in subsection (a) of this Section shall not apply to any product
formulation existing as of JanuaryJuly 1, 2009 that complies with Section
223.205(a) or is reformulated to meet Section 223.205(a), provided the ozone-
depleting compound content of the reformulated product does not increase.
c)
The requirements in subsection (a) of this Section shall not apply to any ozone
depleting compounds that may be present as impurities in a consumer product in
an amount equal to or less than 0.01% by weight of the product.
Section 223.220 Requirements for Charcoal Lighter Material
a)
No person shall sell, supply, or offer for sale on or after JanuaryJuly 1, 2009, any
charcoal lighter material product unless, at the time of the transaction, the
manufacturer can demonstrate that it has been issued an effective certification by
the CARB under the Consumer Products provisions under 17 California Code of
Regulations § 94509(h), incorporated by reference in Section 223.120. This
certification remains in effect for Illinois for as long as the CARB certification
remains in effect.
b)
Alternatively, the person may demonstrate that at the time of the transaction the
manufacturer had been issued a certification by an air pollution agency of another
state and USEPA that was current at the time of the transaction.
c)
Upon request by the Agency, a manufacturer claiming to have a certification as
specified in subsection (a) of this Section, must submit to the Agency a copy of
the certification decision, including all conditions applicable to the certification
established by CARB or the air pollution agency of another state and USEPA.
76
Section 223.230
Exemptions
a)
This Subpart shall not apply to any consumer product manufactured in Illinois for
shipment and use outside of Illinois, as long as the manufacturer or distributor can
demonstrate both that the consumer product is intended for shipment and use
outside of Illinois, and that the manufacturer or distributor has taken reasonable,
prudent precautions to assure that the consumer product is not distributed to
Illinois. This exemption shall not apply to consumer products that are sold,
supplied, or offered for sale by any person to retail outlets in Illinois.
b)
For antiperspirants or deodorants, ethanol shall not be considered a medium
volatility organic material (MVOM) for purposes of the content standards
specified in Section 223.205(a).
c)
The VOM limits specified in Section 223.205(a) shall not apply to fragrances up
to a combined level of two percent by weight contained in any consumer product
and shall not apply to colorants up to a combined level of two percent by weight
contained in any antiperspirant or deodorant.
d)
The requirements of Section 223.205(a) for antiperspirants or deodorants shall not
apply to those volatile organic materials that contain more than 10 carbon atoms
per molecule and for which the vapor pressure is unknown, or that have a vapor
pressure of two mm Hg or less at 20
o
C.
e)
The VOM limits specified in Section 223.205(a) shall not apply to any LVP-
VOM.
f)
The requirements of Section 223.250 shall not apply to consumer products
registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA,
7 USC 136 through 136y).
g)
The VOM limits specified in Section 223.205(a) shall not apply to air fresheners
that are comprised entirely of fragrance, less compounds not defined as VOMs
under Section 211.7150 or exempted under subsection (f).
h)
The VOM limits specified in Section 223.205(a) shall not apply to air fresheners
and insecticides containing at least 98% para-dichlorobenzene.
i)
The VOM limits specified in Section 223.205(a) shall not apply to adhesives sold
in containers of one fluid ounce or less.
j)
The VOM limits specified in Section 223.205(a) shall not apply to bait station
insecticides. For the purpose of this section, bait station insecticides are
containers enclosing an insecticidal bait that is not more than 0.5 ounce by
77
weight, when the bait is designed to be ingested by insects and is composed of
solid material feeding stimulants with less than five percent active ingredients.
Section 223.240 Innovative Product Exemption
a)
Any manufacturer of consumer products which have been granted an Innovative
Product exemption by the CARB under the Innovative Products provisions in 17
California Code of Regulations § 94511 or 94503.5, both 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 Innovative Products exemption
remains in effect, provided that all consumer products within the CARB
Innovative Products exemption are contained in the limits in Section 223.205(a).
Any manufacturer claiming such an exemption on this basis must submit to the
Agency a copy of the CARB Innovative Product exemption decision (i.e.
,
the
Executive Order), including all conditions established by the CARB applicable to
the exemption.
b)
Recordkeeping and Availability of Requested Information.
1)
All information specified in the Innovative Product exemption approving
an Innovative Product application shall be maintained by the responsible
party for a minimum of three years after the expiration of the exemption.
The records shall be clearly legible and maintained in good condition
during this period.
2)
The records specified in subsection (b)(1) shall be made available to the
Agency, or its authorized representative, upon request.
Section 223.245 Alternative Compliance Plans
a)
The purpose of this Section is to provide an alternative method to comply with the
limits in Section 223.205(a). This alternative is provided by allowing responsible
ACP parties the option of voluntarily entering into separate ACPs for consumer
products, as specified in this Subpart. Only responsible ACP parties for consumer
products may enter into an ACP.
b)
Any manufacturer of consumer products that has been granted an ACP
Agreement by the CARB under the provisions in 17 CCR §§ 94540-94555,
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). Any manufacturer
claiming such an ACP Agreement on this basis must submit to the Agency a copy
of the CARB ACP decision (i.e., the Executive Order), including all conditions
established by the CARB applicable to the exemption.
78
c)
Recordkeeping and Availability of Requested Information.
1)
All information specified in the ACP Agreement approving an ACP shall
be maintained by the responsible ACP party for a minimum of three years
after the expiration of the ACP. The records shall be clearly legible and
maintained in good condition during this period.
2)
The records specified in subsection (c)(1) shall be made available to the
Agency or its authorized representative upon request.
Section 223.250 Product Dating
a)
Each manufacturer of a consumer product subject to Section 223.205(a) shall
clearly display on each consumer product container or package the day, month,
and year on which the product was manufactured, or a code indicating such date.
b)
A manufacturer who uses the following code to indicate the date of manufacture
shall not be subject to the requirements of Section 223.255(a), if the code is
represented separately from other codes on the product container so that it is
easily recognizable:
YY DDD = year year day day day
Where:
YY = Two digits representing the year in which the product was
manufactured
DDD = Three digits representing the day of the year on which
the product was manufactured, with “001” representing
the first day of the year, “002” representing the second
day of the year, and so forth (i.e., the “Julian date”)
c)
This date or code shall be displayed on each consumer product container or
package no later than the effective date of the applicable standard specified in
Section 223.205(a).
d)
The date or date-code information shall be located on the container or inside the
cover/cap so that it is readily observable or obtainable by simply removing the
cap/cover without irreversibly disassembling any part of the container or
packaging. For the purposes of this subsection, information may be displayed on
the bottom of a container as long as it is clearly legible without removing any
product packaging.
e)
The requirements of this Section shall not apply to products containing no VOMs
(as defined in Section 223.203), or containing VOMs at 0.10% by weight or less.
79
Section 223.255 Additional Product Dating Requirements
a)
No person shall erase, alter, deface, or otherwise remove or make illegible any
date or code indicating the date of manufacture from any regulated product
container without the express authorization of the manufacturer. No manufacturer
shall affix a date-code that is not true for the date the item was manufactured.
b)
Date-code explanations for codes indicating the date of manufacture are public
information and may not be claimed as confidential.
Section 223.260 Most Restrictive Limit
a)
Products manufactured before JanuaryJuly 1, 2009, and FIFRA-registered
Insecticides manufactured before JanuaryJuly 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 JanuaryJuly 1, 2009, or any FIFRA-registered insecticide manufactured
before JanuaryJuly 1, 2010, any representation is made that the product may be
used as, or is suitable for use as, a consumer product for which a lower VOC limit
is specified in Section 223.205(a), then the lowest VOC limit shall apply. This
requirement does not apply to general purpose cleaners, antiperspirant/deodorant
products and insecticide foggers.
b)
Products manufactured on or after JanuaryJuly 1, 2009, and FIFRA-registered
insecticides manufactured on or after JanuaryJuly
1, 2010.
Notwithstanding the definition of product category in Section 223.203, if
anywhere on the container or packaging of any consumer product manufactured
on or after JanuaryJuly
1, 2009, or any FIFRA-registered insecticide
manufactured on or after JanuaryJuly
1, 2010, or on any sticker or label affixed to
the container or packaging, any representation is made that the product may be
used as, or is suitable for use as, a consumer product for which a lower VOC
limit is specified in Section 223.205(a), then the lowest VOM limit shall apply.
This requirement does not apply to general purpose cleaners,
antiperspirant/deodorant products and insecticide foggers.
Section 223.265 Additional Labeling Requirements for Aerosol Adhesives, Adhesive
Removers, Electronic Cleaners, Electrical Cleaners, Energized Electrical
Cleaners, and Contact Adhesives
a)
In addition to the requirements specified in Sections 223.250, 223.260, and
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 Subpart shall ensure that all
80
products clearly display the following information on each product container
manufactured on or after JanuaryJuly 1, 2009.
1)
The product category as specified in Section 223.205(a) or an abbreviation
of the category shall be displayed.
2)
The applicable VOM standard for the product that is specified in Section
223.205(a) except for energized electrical cleaner, expressed as a
percentage by weight, shall be displayed unless the product is included in
an alternative control plan approved by the Agency, as provided in
Sections 223.240 and 223.245, and the product exceeds the applicable
VOM standard.
3)
If the product is included in an alternative control plan approved by the
Agency, and the product exceeds the applicable VOM standard specified
in Section 223.205(a), the product shall be labeled with the term “ACP” or
“ACP product”.
4)
If the product is classified as a special purpose spray adhesive, the
applicable substrate and/or application or an abbreviation of the substrate
and/or application that qualifies the product as special purpose shall be
displayed.
5)
If the manufacturer or responsible party uses an abbreviation as allowed
by this Section, an explanation of the abbreviation must be filed with the
Agency before the abbreviation is used.
b)
The information required in Section 223.250(a) shall be displayed on the product
container such that it is readily observable without removing or disassembling any
portion of the product container or packaging. For the purposes of this
subsection, information may be displayed on the bottom of a container as long as
it is clearly legible without removing any product packaging.
c)
No person shall remove, alter, conceal, or deface the information required in
subsection (a) prior to final sale of the product.
Section 223.270 Reporting Requirements
a)
Within 90 days after written request by the agencyAgency, a responsible party
must submit to the Agency any of the following information within 90 days of a
request by the Agency:
1)
The name, address, and telephone number of the responsible party and the
name and telephone number of the party's designated contact person;
2)
For each product subject to Section 223.205(a):
81
A)
The product brand name;
B)
The product label;
C)
The product category to which the consumer product belongs;
D)
The applicable product form(s) listed separately; and
E)
An identification of the product as a household product,
institutional product, or both;
3)
Separate Illinois sales in pounds per year, to the nearest pound, and the
method used to calculate Illinois sales for each product form;
4)
For information submitted by multiple companies, an identification of
each company that is submitting relevant data separate from that submitted
by the responsible party. All information from each company shall be
submitted by the date requested by the Agency;
5)
For each product brand name and form, the net percent by weight of the
total product, less container and packaging, comprised of the following,
rounded to the nearest 0.1%:
A)
Total Section 223.205(a) compounds;
B)
Total LVP-VOMs that are not fragrances;
C)
Total all other carbon-containing compounds that are not
fragrances;
D)
Total all non-carbon-containing compounds;
E)
Total fragrance;
F)
For products containing greater than 2% by weight fragrance:
i)
The percent of fragrance that is LVP-VOMs; and
ii)
The percent of fragrance that is all other carbon-containing
compounds; and
G)
Total paradichlorobenzene;
82
6)
For each product brand name and form, the identity, including the specific
chemical name and associated Chemical Abstract Services (CAS) number,
of the following:
A)
Each Section 223.205(a) compound; and
B)
Each LVP-VOM that is not a fragrance; and
7)
If the product includes a propellant, the following:
A)
The weight percent comprised of propellant for each product; and
B)
An identification of the type of propellant, such as Type A, Type
B, Type C, or a blend of the different types.
b)
In addition to the requirements of subsection (a)(6), the responsible party shall
report or shall arrange to have reported to the Agency, upon request, the net
percent by weight of each ozone-depleting compound that is:
1)
Listed in Section 223.210(a); and
2)
Contained in a product subject to reporting under subsection (a) any
amount greater than 0.1% by weight.
c)
In addition, all manufacturers must submit to the Agency, upon request, the
information requested in subsections (a) and (b) above upon commencement of
the selling of each such product in Illinois.
Section 223.275 Special Recordkeeping Requirements for Consumer Products that
Contain Perchloroethylene or Methylene Chloride
a)
The requirements of this Section shall apply to all responsible parties for
consumer products that are subject to Section 223.205(a) and contain
perchloroethylene or methylene chloride and energized electrical cleaners as
defined in Section 223.203 that contain perchloroethylene or methylene chloride.
For the purposes of this Section, a product “contains perchloroethylene or
methylene chloride” if the product contains 1.0% or more by weight (exclusive of
the container or packaging) of either perchloroethylene or methylene chloride.
b)
For each consumer product that contains perchloroethylene or methylene chloride,
within 90 days after a written request by the agencyAgency, the responsible party
shall report the following information for products sold in Illinois:
1)
The product brand name and a copy of the product label with legible usage
instructions;
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2)
The product category to which the consumer product belongs;
3)
The applicable product forms (listed separately);
4)
For each product form listed in subsection (b)(3), the total sales in Illinois
during the calendar year to the nearest pound (exclusive of the container or
packaging), and the method used for calculating the Illinois sales; and
5)
The weight percent, to the nearest 0.10%, of perchloroethylene and
methylene chloride in the consumer product.
Section 223.280 Calculating Illinois Sales
If direct sales data for Illinois are not available, sales may be estimated by prorating national or
regional sales data by population.
Section 223.285 Test Methods
a)
Testing to determine compliance with the requirements of this Subpart shall be
performed using CARB Method 310, Determination of Volatile Organic Materials
(VOM) in Consumer Products, which is incorporated by reference in Section
223.120.
b)
Compliance with the requirements of this Subpart may also be demonstrated
through calculation of the VOM content from records of the amounts of
constituents used to make the product pursuant to the following criteria:
1)
Accurate manufacturing records shall be kept for each day of production
of the amount and chemical composition of the individual product
constituents;
2)
Records required by subsection (b)(1) shall be kept for at least three years;
3)
For subsection (b)(4), the following shall apply:
A)
“A” means the total net weight of unit excluding container and
packaging;
B)
“B” means the total weight of all VOMs per unit; and
C)
“C” means the total weight of all exempted VOMs per unit;
4)
For the purposes of this section, the VOM content shall be calculated by
subtracting the total weight of VOMs exempted under Section 223.230 per
unit from the total weight of all VOMs per unit, divided by the total net
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weight of unit excluding container and packaging and the product,
multiplied by 100 as in the formula below:
VOM Content = B - C x 100
A
5)
If product records appear to demonstrate compliance with the VOM limits,
but these records are contradicted by product testing performed using
CARB Method 310, the results of CARB Method 310 shall take
precedence over the product records and may be used to establish a
violation of the requirements of this Subpart.
c)
Testing to determine whether a product is a liquid or solid shall be performed
using ASTM D4359-90, which is incorporated by reference in Section 223.120, or
an equivalent method approved by the CARB.
d)
Testing to determine compliance with the certification requirements for charcoal
lighter material shall be performed using the procedures specified in the
SCAQMD Test Protocol Rule 1174, Ignition Method Compliance Certification
Protocol, dated February 28, 1991, which is incorporated by reference in Section
223.120.
e)
Testing to determine distillation points of petroleum distillate-based charcoal
lighter materials shall be performed using ASTM D86-07b, which is incorporated
by reference in Section 223.120, or an equivalent method
approved by the CARB.
f)
No person shall create, alter, falsify, or otherwise modify records in such a way
that the records do not accurately reflect the constituents used to manufacture a
product, the chemical composition of the individual product, and any other test,
processes, or records used in connection with product manufacture.
SUBPART C: ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS
Section 223.300 Purpose
The purpose of this Subpart is to limit emissions of VOMs by requiring reductions in the VOM
content of architectural and industrial maintenance coatings and required work practices to
minimize VOM emissions in the application of architectural and industrial maintenance coatings
to surfaces.
Section 223.305 Applicability
This Subpart is applicable to any person who supplies, sells, offers for sale, or manufactures any
architectural coating for use within the State of Illinois, as well as any person who applies or
solicits the application of any architectural coating within Illinois. This Subpart does not apply
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to:
a)
Any architectural coating that is sold or manufactured for use outside of the State
of Illinois or for shipment to other manufacturers for reformulation or
repackaging.
b)
Any aerosol coating product.
c)
Any architectural coating that is sold in a container with a volume of one liter
(1.057 quart) or less.
Section 223.307 Definitions for Subpart C
The definitions contained in this Section apply only to the provisions of this Subpart. Unless
otherwise defined in this Section, the definitions of terms used in this Subpart shall have the
meanings specified for those terms in 35 Ill. Adm. Code 211.
“Adhesive” means any chemical substance that is applied for the purpose of bonding two
surfaces together other than by mechanical means.
“Aerosol Coating Product” means a pressurized coating product containing pigments or
resins that dispenses product ingredients by means of a propellant, and is packaged in a
disposable can for hand-held application or for use in specialized equipment for ground
traffic/marking applications.
“Antenna Coating” means a coating labeled and formulated exclusively for application to
equipment and associated structural appurtenances that are used to receive or transmit
electromagnetic signals.
“Antifouling Coating” means a coating labeled and formulated for application to
submerged stationary structures and their appurtenances to prevent or reduce the
attachment of marine or freshwater biological organisms. To qualify as an “Antifouling
Coating”, the coating must be registered with USEPA under the Federal Insecticide,
Fungicide and Rodenticide Act (7 USC 136 et seq.)
“Appurtenance” means any accessory to a stationary structure coated at the site of
installation, whether installed or detached, including, but not limited to, bathroom and
kitchen fixtures, cabinets, concrete forms, doors, elevators, fences, hand railings, heating
equipment, air conditioning equipment, and other fixed mechanical equipment or
stationary tools, lampposts, partitions, pipes and piping systems, rain gutters and
downspouts, stairways, fixed ladders, catwalks and fire escapes, and window screens.
“Architectural Coating” means a coating to be applied to stationary structures or the
appurtenances at the site of installation, to portable buildings at the site of installation, to
pavements, or to curbs. Coatings applied in shop applications or to non-stationary
structures, such as airplanes, ships, boats, railcars, and automobiles, and adhesives are not
86
considered architectural coatings for the purposes of this Subpart.
“Bitumens” means black or brown materials including, but not limited to, asphalt, tar,
pitch, and asphaltite that are soluble in carbon disulfide, consist mainly of hydrocarbons,
and are obtained from natural deposits or as residues from the distillation of crude
petroleum or coal.
“Bituminous Roof Coating” means a coating that incorporates “Bitumens” that is labeled
and formulated exclusively for roofing.
“Bituminous Roof Primer” means a primer that incorporates “Bitumens” that is labeled
and formulated exclusively for roofing.
“Bond Breaker” means a coating labeled and formulated for application between layers
of concrete to prevent a freshly poured top layer of concrete from bonding to the layer
over which it is poured.
“Calcamine Recoaters” means a flat solvent bornborne coatings formulated and
recommended specifically for recoating calcamine-painted ceilings and other calcamine-
painted substrates.
“Clear Brushing Lacquers” means clear wood finishes, excluding clear lacquer sanding
sealers, formulated with nitrocellulose or synthetic resins to dry by solvent evaporation
without chemical reaction and to provide a solid, protective film, which are intended
exclusively for application by brush and which are labeled as specified in Section
223.320(e).
“Clear Wood Coatings” means clear and semi-transparent coatings, including lacquers
and varnishes, applied to wood substrates to provide a transparent or translucent solid
film.
“Coating” means, for purposes of this Subpart
a material applied onto or impregnated
into a substrate for protective, decorative, or functional purposes. Such materials include,
but are not limited to, paints, varnishes, sealers, and stains.
“Colorant” means, for purposes of this Subpart,
concentrated pigment dispersion in
water, solvent, and/or binder that is added to an architectural coating after packaging in
sale units to produce the desired color.
“Concrete Curing Compound” means, for purposes of this Subpart a coating labeled and
formulated for application to freshly poured concrete to retard the evaporation of water.
“Concrete Surface Retarder” means a mixture of retarding ingredients such as extender
pigments, primary pigments, resin, and solvent that interact chemically with the cement
to prevent hardening on the surface where the retarder is applied, allowing the retarded
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mix of cement and sand at the surface to be washed away to create an exposed aggregate
finish.”
“Conversion Varnish” means a clear acid-curing coating with an alkyd or other resin
blended with amino resins and supplied as a single component or two-component
product. Conversion varnishes produce a hard, durable, clear finish designed for
professional application to wood flooring. Film formation is the result of an acid-
catalyzed condensation reaction, affecting a transetherification at the reactive ethers of
the amino resins.
“Dry Fog Coating” means a coating labeled and formulated only for spray application
such that overspray droplets dry before subsequent contact with incidental surfaces in the
vicinity of the surface coating activity.
“Exempt Compound” means a compound identified as exempt under the definition of
Volatile Organic Material (VOM) in Part 211.7150. The exempt compound content of a
coating shall be determined by USEPA Method 24 or South Coast Air Quality
Management District (SCAQMD) Method 303-91 (Revised February 1993), incorporated
by reference in Section 223.120.
“Faux Finishing Coating” means a coating labeled and formulated as a stain or a glaze to
create artistic effects including, but not limited to, dirt, old age, smoke damage, and
simulated marble and wood grain.
“Fire-Resistive Coating” means an opaque coating labeled and formulated to protect the
structural integrity by increasing the fire endurance of interior or exterior steel and other
structural materials that has been fire tested and rated by a testing agency and approved
by building code officials for use in bringing assemblies of structural materials into
compliance with federal, State, and local building code requirements. The fire-resistive
coating and the testing agency must be approved by building code officials. The fire-
resistive coating shall be tested in accordance with ASTM E119-98, incorporated by
reference in Section 223.120.
“Fire-Retardant Coating” means a coating labeled and formulated to retard ignition and
flame spread, that has been fire tested and rated by a testing agency approved by building
code officials for use in bringing building and construction materials into compliance
with federal State, and local building code requirements. The fire-retardant coating and
the testing agency must be approved by building code officials. The fire-retardant
coating shall be tested in accordance with ASTM E84-07, incorporated by reference in
Section 223.120.
“Flat Coating” means a coating that is not defined under any other definition in this
Section and that registers gloss less than 15 on an 85-degree meter or less than five on a
60-degree meter according to ASTM Designation D 523-89 (1999), incorporated by
reference in Section 223.120.
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“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, that may be subjected to foot traffic.
“Flow Coating” means a coating labeled and formulated exclusively for use by electric
power companies or their subcontractors to maintain the protective coating systems
present on utility transformer units.
“Form-Release Compound” means a coating labeled and formulated for application to a
concrete form to prevent the freshly poured concrete from bonding to the form. The form
may consist of wood, metal, or some material other than concrete.
“Graphic Arts Coating or Sign Paint” means a coating labeled and formulated for hand-
application by artists using brush or roller techniques to indoor and outdoor signs
(excluding structural components) and murals, including letter enamels, poster colors,
copy blockers, and bulletin enamels.
“High-Temperature Coating” means a high performance coating, excluding engine paint,
labeled and formulated for application to substrates exposed continuously or
intermittently to temperatures above 204°C (400°F).
“Impacted Immersion Coating” means a high performance maintenance coating
formulated and recommended for application to steel structures subject to immersion in
turbulent, debris-laden water. These coatings are specifically resistant to high-energy
impact damage by floating ice or debris.
“Industrial Maintenance Coating” means a high performance architectural coating,
including primers, sealers, undercoaters, intermediate coats, and topcoats, formulated for
application to substrates exposed to one or more of the following extreme environmental
conditions, and labeled as specified in Section 223.320(d):
Immersion in water, wastewater, or chemical solutions (aqueous and non-aqueous
solutions), or chronic exposures of interior surfaces to moisture condensation;
Acute or chronic exposure to corrosive, caustic, or acidic agents, or to chemicals,
chemical fumes, or chemical mixtures or solutions;
Repeated exposure to temperatures above 121°C (250°F);
Repeated (frequent) heavy abrasion, including mechanical wear and repeated
(frequent) scrubbing with industrial solvents, cleansers, or scouring agents; or
Exterior exposure of metal structures and structural components.
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“Lacquer” means, for purposes of this Subpart, a clear or opaque wood coating, including
clear lacquer sanding sealers, formulated with cellulosic or synthetic resins to dry by
evaporation without chemical reaction and to provide a solid, protective film.
“Low-Solids Coating” means a coating containing 0.12 kilogram or less of solids per liter
(1 pound or less of solids per gallon) of coating material.
“Magnesite Cement Coating” means a coating labeled and formulated for application to
magnesite cement decking to protect the magnesite cement substrate from erosion by
water.
“Mastic Texture Coating” means a coating labeled and formulated to cover holes and
minor cracks and to conceal surface irregularities, and is applied in a single coat of at
least 10 mils (0.010 inch) dry film thickness.
“Metallic Pigmented Coating” means a coating containing at least 48 grams of elemental
metallic pigment per liter of coating as applied (0.4 pounds per gallon), when tested in
accordance with SCAQMD Method 318-95, incorporated by reference in Section
223.120.
“Multi-Color Coating” means a coating that is packaged in a single container and that
exhibits more than one color when applied in a single coat.
“Non-flat Coating” means a coating that is not defined under any other definition in this
Section and that registers a gloss of 15 or greater on an 85-degree meter and five or
greater on a 60-degree meter according to ASTM D523-89, incorporated by reference in
Section 223.120 or an equivalent method approved by the California Air Resources
Board.
“Non-Flat High-Gloss Coating” means a non-flat coating that registers a gloss of 70 or
above on a 60-degree meter according to ASTM D523-89 (1999), incorporated by
reference into Section 223.120, or an equivalent method approved by the CARB.
“Nonindustrial Use” means any use of architectural coatings except in the construction or
maintenance of any of the following: facilities used in the manufacturing of goods and
commodities; transportation infrastructure, including highways, bridges, airports and
railroads; facilities used in mining activities, including petroleum extraction; utilities
infrastructure, including power generation and distribution; and water treatment and
distribution systems.
“Nuclear Coating” means a protective coating formulated and recommended to seal
porous surfaces such as steel (or concrete) that otherwise would be subject to intrusions
by radioactive materials. These coatings must be resistant to long-term (service life)
cumulative radiation exposure (ASTM D4082-02), incorporated by reference in Section
223.120), relatively easy to decontaminate, and resistant to various chemicals to which
the coatings are likely to be exposed (ASTM Method D 3912-95, incorporated by
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reference in Section 223.120).
“Post-Consumer Coating” means a finished coating that would have been disposed of in a
landfill, having completed its usefulness to a consumer, and does not include
manufacturing wastes.
“Pre-Treatment Wash Primer” means a primer that contains a minimum of 0.5 acid, by
weight, when tested in accordance with ASTM D1613-03, incorporated by reference into
Section 223.120, or an equivalent method approved by the CARB that is labeled and
formulated for application directly to bare metal surfaces to provide corrosion resistance
and to promote adhesion of subsequent topcoats.
“Primer” means, for the purposes of this Subpart, a coating labeled and formulated for
application to a substrate to provide a firm bind between the substrate and subsequent
coats.
“Quick-Dry Enamel” means a non-flat coating that is labeled as specified in Section
223.320(h) and that is formulated to have the following characteristics:
Is capable of being applied directly from the container under normal conditions
with ambient temperatures between 16 and 27°C (60 and 80°F); and
When tested in accordance with ASTM D1640-03, incorporated by reference in
Section 223.120, or an equivalent method approved by the CARB, sets to touch in
two hours or less, is tack free in four hours or less, and dries hard in eight hours or
less by the mechanical test method; and
Has a dried film gloss of 70 or above on a 60-degree meter.
“Quick-Dry Primer Sealer and Undercoater” means a “Primer”, “Sealer”, or
“Undercoater” that is dry to the touch in 30 minutes and can be recoated in two hours
when tested in accordance with ASTM D1640-03, incorporated by reference in Section
223.120, or an equivalent method approved by the CARB.
“Recycled Coating” means an architectural coating formulated such that not less than 50
percent of the total weight consists of secondary and post-consumer coating, with not less
than 10 percent of the total weight consisting of post-consumer coating.
“Residence” means areas where people reside or lodge, including, but not limited to,
single and multiple family dwellings, condominiums, mobile homes, apartment
complexes, motels, and hotels.
“Roof Coating” means a nonbituminous coating labeled and formulated exclusively for
application to roofs for the primary purpose of preventing penetration of the substrate by
water or reflecting heat and ultraviolet radiation. Metallic pigmented roof coatings that
91
qualify as metallic pigmented coatings, shall not be considered in this category, but shall
be considered to be in the metallic pigmented coatings category.
“Rust Preventive Coating” means a coating formulated exclusively for nonindustrial use
to prevent the corrosion of metal surfaces and labeled as specified in Section 223.320(f).
“Sanding Sealer” means, for purposes of this Subpart, a clear or semi-transparent wood
coating labeled and formulated for application to bare wood to seal the wood and to
provide a coat that can be abraded to create a smooth surface for subsequent applications
of coatings. A “Sanding Sealer” that also meets the definition of a “Lacquer” is not
included in this category, but it is included in the “Lacquer” category.
“Sealer” means, for purposes of this Subpart, a coating labeled and formulated for
application to a substrate for one or more of the following purposes: to prevent
subsequent coatings from being absorbed by the substrate, or to prevent harm to
subsequent coatings by materials in the substrate.
“Secondary Coating (Rework)” means a fragment of a finished coating or a finished
coating from a manufacturing process that has converted resources into a commodity of
real economic value, but does not include excess virgin resources of the manufacturing
process.
“Shellac” means a clear or opaque coating formulated solely with the resinous secretions
of the lac beetle (Laciffer lacca), thinned with alcohol, and formulated to dry by
evaporation without a chemical reaction.
“Shop Application” means the application of a coating to a product or a component of a
product in or on the premises of a factory or a shop as part of a manufacturing,
production or repairing process (e.g., original equipment manufacturing coatings).
“Solicit” means to require for use or to specify by written or oral contract.
“Specialty Primer, Sealer, and Undercoater” means a coating labeled as specified in
Section 223.320(g) and that is formulated for application to a substrate to seal fire,
smoke, or water damage; to condition excessively chalky surfaces; to seal in
efflorescence, or to block stains. An excessively chalky surface is one that is defined as
having a chalk rating of four or less as determined by ASTM D4214-98, incorporated by
reference in Section 223.120, or an equivalent method approved by the CARB.
“Stain” means a clear, semitransparent, or opaque coating labeled and formulated to
change the color of a surface, but not conceal the grain pattern or texture.
“Stone Consolidant” means a coating that is labeled and formulated for application to
stone substrates to repair historical structures that have been damaged by weathering or
other decay mechanisms “Stone Consolidants” must penetrate into stone substrates to
create bonds between particles and consolidate deteriorated material. “Stone
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Consolidants” must be specified and used in accordance with ASTM E2167-01,
incorporated by reference in Section 223.120. “Stone Consolidants” are for professional
use only and must be labeled as such, in accordance with the labeling requirements in
Section 223.320.
“Swimming Pool Coating” means a coating labeled and formulated to coat the interior of
swimming pools and to resist swimming pool chemicals.
“Swimming Pool Repair and Maintenance Coating” means a rubber-based coating
labeled and formulated to be used over existing rubber-based coatings for the repair and
maintenance of swimming pools.
“Temperature-Indicator Safety Coating” means a coating labeled and formulated as a
color-changing indicator coating for the purpose of monitoring the temperature and safety
of the substrate, underlying piping, or underlying equipment, and for application to
substrates exposed continuously or intermittently to temperatures above 204°C (400°F).
“Thermoplastic Rubber Coating and Mastics” means a coating or mastic formulated and
recommended for application to roofing or other structural surfaces and that incorporates
no less than 40 percent by weight of thermoplastic rubbers in the total resin solids and
may also contain other ingredients, including, but not limited to, fillers, pigments and
modifying resins.
“Tint Base” means an architectural coating to which colorant is added after packaging in
sale units to produce a desired color.
“Traffic Marking Coating” means a coating labeled and formulated for marking and
striping streets, highways, or other traffic surfaces, including, but not limited to, curbs,
berets, driveways, parking lots, sidewalks, and airport runways.
“Undercoater” means a coating labeled and formulated to provide a smooth surface for
subsequent coatings.
“Varnish” means a clear or semitransparent wood coating, excluding lacquers and
shellacs, formulated to dry by chemical reaction on exposure to air. Varnishes may
contain small amounts of pigment to color a surface, or to control the final sheen or gloss
of the finish.
“VOC Content” shall have the same meaning as “VOM Content.”
“VOM Content” means the weight of VOM per volume of coating, calculated according
to the procedures specified in Section 223.340(a).
“Waterproofing Concrete/Masonry Sealers” means clear or pigmented sealers that are
formulated for sealing concrete and masonry to provide resistance against water, alkalis,
acids, ultraviolet light, or staining.
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“Waterproofing Sealer” means a coating labeled and formulated for application to a
porous substrate for the primary purpose of preventing the penetration of water.
“Wood Preservative” means a coating labeled and formulated to protect exposed wood
from decay or insect attack that is registered with both the USEPA under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 USC 136, et seq.).
Section 223.310
Standards
a)
VOM Content Limits: Except as provided in subsection (c), no person shall
manufacture, blend, or repackage for sale within Illinois, supply, sell, or offer for
sale within Illinois, or solicit for application or apply within Illinois, any
architectural coating manufactured on or after JanuaryJuly 1, 2009 that contains a
VOM content in excess of the corresponding limit specified below:
VOM Content Limit
Grams/Liter (Pounds/Gallon)
Coating Category
1)
Flat Coatings
100
(0.8)
2)
Non-Flat Coatings
150
(1.3)
3)
Non-Flat-High-Gloss Coatings
250
(2.1)
Specialty Coatings
4)
Antenna Coatings
530
(4.4)
5)
Antifouling Coatings
400
(3.3)
6)
Bituminous Roof Coatings
300
(2.5)
7)
Bituminous Roof Primers
350
(2.9)
8)
Bond Breakers
350
(2.9)
9)
Calcamine Recoaters
475
(4.0)
10)
Clear Wood Coatings
A)
Clear Brushing Lacquers
680
(5.7)
B)
Lacquers
(including lacquer sanding sealers)
550
(4.6)
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C)
Sanding Sealers
(other than lacquer sanding sealers)
350
(2.9)
D)
Varnishes
350
(2.9)
11)
Concrete Curing Compounds
350
(2.9)
Concrete Surface Retarder
780g/l (6.5)
12)
Conversion Varnish
725
(6.0)
13)
Dry Fog Coatings
400
(3.3)
14)
Faux Finishing Coatings
350
(2.9)
15)
Fire-Resistive Coatings
350
(2.9)
16)
Fire-Retardant Coatings
A)
Clear
650
(5.4)
B)
Opaque
350
(2.9)
17)
Floor Coatings
250
(2.1)
18)
Flow Coatings
420
(3.5)
19)
Form-Release Compounds
250
(2.1)
20)
Graphic Arts Coatings (Sign Paints)
500
(4.2)
21)
High-Temperature Coatings
420
(3.5)
22)
Impacted Immersion Coating
780
(6.5)
23)
Industrial Maintenance Coatings
340
(2.8)
24)
Low-Solids Coatings
120
(1.0)
25)
Magnesite Cement Coatings
450
(3.8)
26)
Mastic Texture Coatings
300
(2.5)
27)
Metallic Pigmented Coatings
500
(4.2)
95
28)
Multi-Color Coatings
250
(2.1)
29)
Nuclear Coating
450
(3.8)
30)
Pre-Treatment Wash Primers
420
(3.5)
31)
Primers, Sealers, and Undercoaters
200
(1.7)
32)
Quick-Dry Enamels
250
(2.1)
33)
Quick-Dry Primers, Sealers and Undercoaters
200
(1.7)
34)
Recycled Coatings
250
(2.1)
35)
Roof Coatings
250
(2.1)
36)
Rust Preventive Coatings
400
(3.3)
37)
Shellacs
A)
Clear
730
(6.1)
B)
Opaque
550
(4.6)
38)
Specialty Primers, Sealers, and Undercoaters
350
(2.9)
39)
Stains
250
(2.1)
40)
Stone Consolidants
450
(3.8)
41)
Swimming Pool Coatings
340
(2.8)
42)
Swimming Pool Repair and Maintenance Coatings 340
(2.8)
43)
Temperature-Indicator Safety Coatings
550
(4.6)
44)
Thermoplastic Rubber Coatings and Mastics
550
(4.6)
45)
Traffic Marking Coatings
150
(1.3)
46)
Waterproofing Concrete/Masonry Sealers
400
(3.3)
47)
Waterproofing Sealers
250
(2.1)
48)
Wood Preservatives
350
(2.9)
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BOARD NOTE: Conversion factor: one pound VOM per gallon (U.S.) = 119.95
grams per liter.
b)
Limits are expressed in grams of VOM per liter of coating thinned to the
manufacturer's maximum recommendation, excluding the volume of any water,
exempt compounds, or colorant added to tint bases. “Manufacturers maximum
recommendation” means the maximum recommendation for thinning that is
indicated on the label or lid of the coating container.
c)
Most Restrictive VOM Limit. If anywhere on the container of any architectural
coating, or any label or sticker affixed to the container, or in any sales,
advertising, or technical literature supplied by a manufacturer or anyone acting on
the manufacturer’s behalf, any representation is made that indicates that the
coating meets the definition of or is recommended for use for more than one of
the coating categories listed in subsection (a), then the most restrictive VOM
content limit shall apply. This provision does not apply to the coating categories
specified in subsections (c)(1) through (c)(21):
1)
Lacquer coatings (including lacquer sanding sealers);
2)
Metallic pigmented coatings;
3)
Shellacs;
4)
Fire-retardant coatings;
5)
Pretreatment wash primers;
6)
Industrial maintenance coatings;
7)
Low-solids coatings;
8)
Wood preservatives;
9)
High-temperature coatings;
10)
Temperature-indicator safety coatings;
11)
Antenna coatings;
12)
Antifouling coatings;
13)
Flow coatings;
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14)
Bituminous roof primers;
15)
Specialty primers, sealers, and undercoaters;
16)
Conversion varnish;
17)
Calcimine recoaters;
18)
Impacted immersion coatings;
19)
Nuclear coatings;
20)
Thermoplastic rubber coating and mastics;
21)
Concrete surface retarder.
d)
Painting Practices. All architectural coating containers used to apply their
contents to a surface directly from the container by pouring, siphoning, brushing,
rolling, padding, ragging, or other means shall be closed when not in use. These
architectural coatings containers include, but are not limited to, drums, buckets,
cans, pails, trays, or other application containers. Containers of any VOM-
ontaining materials used for thinning and cleanup shall also be closed when not in
use.
e)
Thinning. No person who applies or solicits the application of any architectural
coating shall apply a coating that is thinned to exceed the applicable VOM limit
specified in subsection (a).
f)
Rust Preventive Coatings. No person shall apply or solicit the application of any
rust preventive coating for industrial use unless the rust preventive coating
complies with the industrial maintenance coating VOM limit specified in
subsection (a). If the coating is also regulated under another Part, the more
restrictive limit shall apply.
g)
Coatings Not Listed in Subsection (a). For any coating that does not meet any of
the definitions for the specialty coatings categories listed in subsection (a), the
VOM content limit shall be determined by classifying the coating as a flat
coating, a non-flat coating, or a non-flat high-gloss coating, based on its gloss, as
defined in Section 223.307, and the corresponding flat or non-flat coating limit
shall apply.
Section 223.320 Container Labeling Requirements
Each manufacturer of any architectural coatings subject to this Subpart shall display the
information listed in subsections (a) through (j) on the coating container in which the coating is
sold or distributed (or on its label).
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a)
Date-codeDate-Code. The date the coating was manufactured, or a date-code
representing the date, shall be indicated on the label, lid or bottom of the
container. If the manufacturer uses a date-code for any coating, the manufacturer
shall file an explanation of each code with the Agency upon request.
b)
Thinning Recommendations. A statement of the manufacturer's recommendation
regarding thinning of the coating shall be indicated on the label or lid of the
container. This requirement does not apply to the thinning of architectural
coatings with water. If thinning of the coating prior to use is not necessary, the
recommendation must specify that the coating is to be applied without thinning.
c)
VOM or VOC Content. Each container of any coating subject to this Subpart
shall display either the maximum or the actual VOM content of the coating, as
supplied, or the actual VOM content including the maximum thinning as
recommended by the manufacturer. VOM content shall be displayed in grams of
VOM per liter of coating. VOM content displayed shall be calculated using
product formulation data, or shall be determined using the test methods in Section
223.340(b). The equations in Section 223.340(a) shall be used to calculate VOM
content. In each of the above cases, the term “VOC content” shall have the same
meaning as “VOM content”.
d)
Industrial Maintenance Coatings. In addition to the information specified in
subsections (a), (b), and (c), each manufacturer of any industrial maintenance
coating subject to this Subpart shall display on the label or the lid of the container
in which the coating is sold or distributed one or more of the following
descriptions:
1)
"For industrial use only”,
2)
"For professional use only”,
3)
"Not for residential use" or "Not intended for residential use”.
e)
Clear Brushing Lacquers. The labels of all clear brushing lacquers shall promi-
nently display the statements “For brush application only” and “This product must
not be thinned or sprayed”.
f)
Rust Preventive Coatings. The labels of all rust preventive coatings shall promi-
nently display the statement “For Metal Substrates Only.”
g)
Specialty Primers, Sealers, and Undercoaters. The labels of all specialty primers,
sealers, and undercoaters shall prominently display one or more of the following
descriptions.
1)
“For blocking stains;”
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2)
“For fire-damaged substrates;”
3)
“For smoke-damaged substrates;”
4)
“For water-damaged substrates;”
5)
“For excessively chalky substrates.”
h)
Quick-Dry Enamels. The labels of all quick dry enamels shall prominently
display the words “Quick Dry” and the dry hard time.
i)
Non-Flat High-Gloss Coatings. The labels of all non-flat high-gloss
coatings shall prominently display the words “High Gloss.”
j)
Stone Consolidants. Effective JanuaryJuly 1, 2010, the labels of all stone
consolidants shall prominently display the statement “Stone Consolidant - For
Professional Use Only”.
Section 223.330 Reporting Requirements
a)
Clear Brushing Lacquers. Within 90 days after written request by the Agency,
each manufacturer of clear brushing lacquers shall report the following
information for products sold in Illinois:
1)
The number of gallons of clear brushing lacquers sold in the State during
the preceding calendar year; and
2)
The method used by the manufacturer to calculate State sales.
b)
Rust Preventive Coatings. Within 90 days after written request by the Agency,
each manufacturer of rust preventive coatings shall report the following
information for products sold in Illinois.
1)
The number of gallons of rust preventive coatings sold in the State during
the preceding calendar year; and
2)
The method used by the manufacturer to calculate State sales.
c)
Specialty Primers, Sealers, and Undercoaters. WithWithin 90 days after written
request by the Agency, each manufacturer of specialty primers, sealers, and
undercoaters shall report the following information for products sold in Illinois:
1)
The number of gallons of specialty primers, sealers, and undercoaters sold
in the State during the preceding calendar year; and
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2)
The method used by the manufacturer to calculate State sales.
d)
Toxic Exempt Compounds. For each architectural coating that contains
perchloroethylene or methylene chloride, within 90 days after written request by
the Agency, the manufacturer shall report the following information for products
sold in Illinois:
1)
The product brand name and a copy of the product label with legible usage
instructions;
2)
The product category listed in Section 223.310(a) to which the coating
belongs;
3)
The total sales in Illinois, during the calendar year, to the nearest gallon;
and
4)
The volume percent, to the nearest 0.10 percent, of perchloroethylene and
methylene chloride in the coating.
e)
Recycled Coatings.
1)
Within 90 days after written request by the Agency, manufacturers of
recycled coatings must submit a letter to the Agency self-certifying their
status as a Recycled Paint Manufacturer.
2) Within 90 days after written request by the Agency, each recycled coatings
manufacturer shall report the following information for products sold in
Illinois:
A)
The number of gallons of recycled coatings sold in the State during
the preceding calendar year; and
B)
The method used by the manufacturer to calculate State sales.
f)
Bituminous Coatings. Within 90 days after written request by the Agency, each
manufacturer of bituminous roof coatings or bituminous roof primers shall report
the following information for products sold in Illinois.
1)
The number of gallons of bituminous roof coatings or bituminous roof
primers sold in the State during the preceding calendar year; and
2)
The method used by the manufacturer to calculate State sales.
Section 223.340 Compliance Provisions and Test Methods
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a)
Calculation of VOM Content. For the purpose of determining compliance with
the VOM content limits in Section 223.310(a), the VOM content of a coating
shall be determined by using the procedures described in subsection (a)(1) or
(a)(2), as appropriate. The VOM content of a tint base shall be determined
without colorant that is added after the tint base is manufactured.
1)
With the exception of low solids coatings, determine the VOM content in
grams of VOM per liter of coating thinned to the manufacturer's maximum
recommendation, excluding the volume of any water and exempt
compounds. Determine the VOM content as follows:
VOM Content =
(Ws - Ww - Wem)
(Vm - Vw - Vem)
Where:
VOM content = grams of VOM per liter of coating
Ws
= weight of volatiles, in grams
Ww
= weight of water, in grams
Wem
= weight of exempt materials, in grams
Vm
= volume of coating, in liters
Vw
= volume of water, in liters
Vem
= volume of exempt materials, in liters
2)
For low solids coatings, determine the VOM content in units of grams of
VOM per liter of coating thinned to the manufacturer's maximum
recommendation, including the volume of any water and exempt
compounds. Determine the VOM content as follows:
VOM Content (ls) = (Ws - Ww – Wem
(Vm)
Where:
VOM content (ls) = the VOM content of a low solids coating in grams per liter
of coating
Ws
= weight of volatile, in grams
Ww
= weight of water, in grams
Wem
= weight of exempt materials, in grams
Vm
= volume of coating, in liters
b)
VOM Content of Coatings. To determine the physical properties of a coating in
order to perform the calculations in subsection (a), the reference method for VOM
content is USEPA Method 24, incorporated by reference in Section 223.120,
except as provided in sections 223.350 and 223.360. An alternative method to
determine the VOM content of coatings is SCAQMD Method 304-91,
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incorporated by reference in Section 223.120. The exempt compounds content
shall be determined by SCAQMD Method 303-91, incorporated by reference in
Section 223.120. To determine the VOM content of a coating, the manufacturer
may use USEPA Method 24, or an equivalent alternative method, as provided in
Section 223.350, formulation data, or any other reasonable means for predicting
that the coating has been formulated as intended (e.g., quality assurance checks,
recordkeeping). However, if there are any inconsistencies between the results of a
Method 24 test and any other means for determining VOM content, the Method
24 results will govern, except when an equivalent alternative method is approved
as specified in Section 223.350. The Agency may require the manufacturer to
conduct a Method 24 analysis.
Section 223.350
Alternative Test Methods
Other test methods demonstrated to provide results that are acceptable for purposes of deter-
mining compliance with Section 223.340(b), after review, and approval in writing by the Agency
and USEPA, may also be used.
Section 223.360
Methacrylate Traffic Coating Markings
Analysis of methacrylate multi-component coatings used as traffic marking coatings shall be
conducted according to a modification of USEPA Method 24, incorporated by reference in
Section 223.120, or an equivalent method approved by the CARB. This method has not been
approved for methacrylate multi-component coatings used for purposes other than as traffic
marking coatings or for other classes of multi-component coatings.
Section 223.370
Test Methods
The following test methods are incorporated by reference in Section 223.120, and shall be used
to test coatings subject to the provisions of this Subpart:
a)
Flame Spread Index. The flame spread index of a fire-retardant coating shall be
determined by ASTM E84-07, Standard Test Method for Surface Burning
Characteristics of Building Materials (see Section 223.307, Fire-Retardant
Coating) or an equivalent method approved by the CARB.
b)
Fire-Resistance Rating. The fire-resistance rating of a fire-resistive coating shall
be determined by ASTM E119-98E119-05a, Standard Test Methods for Fire Tests
of Building Construction Materials (see Section 223.307, Fire-Resistive Coating),
or an equivalent method approved by the CARB.
c)
Gloss Determination. The gloss of a coating shall be determined by ASTM
D523-89, Standard Test Method for Specular Gloss (see Section 223.307, Flat
Coating, Non-Flat Coating, Non-Flat High-Gloss Coating, and Quick-Dry
Enamel), or an equivalent method approved by the CARB.
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d)
Metal Content of Coatings. The metallic content of a coating shall be determined
by SCAQMD Method 318-95, Determination of Weight Percent Elemental Metal
in Coatings by X-Ray Diffraction, SCAQMD Laboratory Methods of Analysis for
Enforcement Samples (see Section 223.307, Metallic Pigmented Coating).
e)
Acid Content of Coatings. The acid content of a coating shall be determined by
ASTM D1613-03, Standard Test Method for Acidity in Volatile Solvents and
Chemical Intermediates Used in Paint, Varnish, Lacquer and Related Products
(see Section 223.307, Pre-Treatment Wash Primer), or an equivalent method
approved by the CARB.
f)
Drying Times. The set-to-touch, dry-hard, dry-to-touch and dry-to-recoat times
of a coating shall be determined by ASTM Designation D 1640-03, Standard
Methods for Drying, Curing, or Film Formation of Organic Coatings at Room
Temperature (see Section 223.307, Quick-Dry Enamel and Quick-Dry Primer,
Sealer, and Undercoater). The tack free time of a quick-dry enamel coating shall
be determined by the Mechanical Test Method of ASTM D1640-03, or an
equivalent method approved by the CARB.
g)
Surface Chalkiness. The chalkiness of a surface shall be determined using ASTM
D4214-98 Standard Test Methods for Evaluating the Degree of Chalking of
Exterior Paint Films (see Section 223.307, Specialty Primer, Sealer, and
Undercoater), or an equivalent method approved by the CARB.
h)
Exempt Compounds – Siloxanes. Exempt compounds that are cyclic, branched,
or linear, completely methylated siloxanes shall be analyzed as exempt
compounds for compliance with Section 223.340 by BAAQMD Method 43,
Determination of Volatile Methylsiloxanes in Solvent-Based Coatings, Inks, and
Related Materials, BAAQMD Manual of Procedures, Volume III, (see Section
223.307, VOM content, and Section 223.340(b)).
i)
Exempt Compounds - Parachlorobenzotrifluoride (PCBTF). The exempt
compound parachlorobenzotrifluoride shall be analyzed as an exempt compound
for compliance with Section 223.340 by BAAQMD Method 41, Determination of
Volatile Organic Compounds in Solvent-Based Coatings and Related Materials
Containing Parachlorobenzotrifluoride, BAAQMD Manual of Procedures,
Volume III (see Section 223.307, VOM Vontent, and Section 223.340(b)).
j)
Exempt Compounds. The content of compounds exempt under USEPA Method
24 shall be analyzed by SCAQMD Method 303-91, Determination of Exempt
Compounds, SCAQMD Laboratory Methods of Analysis for Enforcement
Samples (see Section 223.307, VOM Content, and Section 223.340(b)).
k)
VOM Content of Coatings. The VOM content of a coating shall be determined
by USEPA Method 24 as it exists in Appendix A of 40 CFR 60, Determination of
Volatile Matter Content, Water Content, Density, Volume Solids, and Weight
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Solids of Surface Coatings (see Section 223.340(b)), or an equivalent method
approved by the CARB.
l)
Alternative VOM Content of Coatings. The VOM content of coatings may be
analyzed by either USEPA Method 24 or SCAQMD Method 304-91,
Determination of Volatile Organic Compounds (VOC) in Various Materials,
SCAQMD Laboratory Methods of Analysis for Enforcement Samples (see
Section 223.340(b)
m)
Methacrylate Traffic Marking Coatings. The VOM content of methacrylate
muticomponent coatings used as traffic marking coatings shall be analyzed by the
procedures in 40 CFR 59, subpart D, appendix A, Determination of Volatile
Matter Content of Methacrylate Multicomponent Coatings Used as Traffic
Marking Coatings (see Section 223.360), or an equivalent method approved by
the CARB.
IT IS SO ORDERED.
I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
the Board adopted the above opinion and order on March 19, 2009, by a vote of 5-0.
___________________________________
John T. Therriault, Assistant Clerk
Illinois Pollution Control Board
