ILLINOIS POLLUTION CONTROL BOARD

ILLINOIS POLLUTION CONTROL BOARD
PROCEDURAL HISTORY
1. CONCLUSION
  1. Section 223.245 Alternative Compliance Plans
  2. SUBPART C: ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS
    1. Specialty Coatings
      - Section 223.330 Reporting Requirements
      - Section 223.340 Compliance Provisions and Test Methods

May 7, 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)

Adopted Rule. Final Order.

OPINION AND ORDER OF THE BOARD (by A.S. Moore):

The Illinois Environmental Protection Agency (Agency or IEPA or Illinois EPA) initiated

this rulemaking on January 2, 2008, by proposing a new Part 223, Standards and Limitations for

Organic Material Emissions for Area Sources. The Agency stated that the original proposed

regulations would reduce emissions of volatile organic material (VOM or VOC

In the 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.”

) 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). 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 opinion. Proposed

New 35 Ill. Adm. Code Part 223 Standards and Limitations for Organic Material Emissions for

Area Sources, 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.

On March 19, 2009, the Board issued its second-notice opinion and order, which

extended the implementation date of the proposed regulations to July 1, 2009, but did not

otherwise substantively change the rules proposed by the Board’s first-notice opinion and order.

Today, the Board adopts these rules in its final order, finding that they are technically

feasible and economically reasonable. The Board makes only three specific technical changes

recommended by the Joint Committee on Administrative Rules (JCAR). JCAR voted on April

21, 2009 to issue a certificate of no objection to these proposed rules.

In this opinion and order, the Board provides the procedural history of this rulemaking

and a brief summary of the rule. The Board then summarizes the technical feasibility and

economic reasonableness of the regulations. Finally, the order following the opinion sets forth

the adopted rule.

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 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 proposal from 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.

The first hearing in this proceeding took place as scheduled on April 30, 2008, in

Springfield (Tr.1). 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.

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 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 (Tr.2). 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)

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). The Board received the transcript of the second

hearing 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. 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).

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);

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).

On March 19, 2009, the Board issued its second-notice opinion and order. As noted

above, the Board extended the implementation date of the proposed regulations to July 1, 2009,

but did not otherwise substantively change the rules proposed in the Board’s first-notice opinion

and order.

At its meeting on April 21, 2009, JCAR considered the Board’s second-notice proposal

and issued its “Certificate of No Objection to Proposed Rulemaking.” JCAR proposed three

second notice changes, each of which the Board considers to be non-substantive in nature.

SUMMARY OF RULE

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

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.

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.”

. 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).

During the first-notice comment period, the Board received 18 public comments

addressing the issue of extending the implementation date.

E.g.

, PC 7. Although the Agency

filed a comment during this period, it did not address the requested extension.

See

PC 23. In its

second-notice opinion and order on March 19, 2009, the Board extended the implementation date

to July 1, 2009, but did not otherwise substantively change the rules proposed in the Board’s

first-notice opinion and order. The second-notice opinion includes a section-by-section summary

of the proposed rule. 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 12-38 (Oct. 16,

2008).

SUMMARY OF 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.

In its first-notice opinion and order, the Board addressed the technical feasibility and

economic reasonableness of the Agency’s proposal by considering a number of issues: the

federal regulatory background, the sources of the Agency’s original proposal, potentially

affected sources, technical feasibility, projected reductions in VOM emissions, and the cost-

effectiveness of the proposed controls. Proposed New 35 Ill. Adm. Code Part 223 Standards and

Limitations for Organic Material Emissions for Area Sources, R08-17, slip op. at 32-46 (Oct. 16,

2008).

Since adopting its first-notice opinion and order, the only substantive change adopted by

the Board is a six-month extension of the implementation date addressed in a number of first-

notice comments. Thus, as it did in its first-notice opinion and order, the Board finds the

proposed regulations technically feasible and economically reasonable.

CONCLUSION

The Board finds that the record supports proceeding to final notice with the Agency’s

proposal, as it has been amended by

errata

sheets and by the Board. The Board finds that the

record establishes that the rule is both technically feasible and economically reasonable.

Therefore, the Board proceeds to final adoption of the rule.

ORDER

The Board adopts the proposed amendments to its air pollution regulations set forth

below for final notice and directs the Clerk to cause the rules to be filed with the Secretary of

State for publication in the

Illinois Register

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

Abbreviations and Acronyms

223.120

Incorporations by Reference

SUBPART B: CONSUMER AND COMMERCIAL PRODUCTS

Definitions for Subpart B

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

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

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

ASTM

American Society for Testing and Materials

BAAQMD

Bay Area Air Quality Management District

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

Nitrogen

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.

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).

40 CFR 59, subpart C, National Volatile Organic Compound Emission Standards

for Consumer Products, 69 Fed. Reg. 18803 (April 4, 2004).

40 CFR 60, appendix A, Method 24, Determination of Volatile Matter Content,

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

36 Fed. Reg. 24877 (December 23, 1971).

40 CFR 82, subpart A, appendix A, Class I controlled Substances, 68 Fed. Reg.

42892 (July 18, 2003) and appendix B, Class II Controlled Substances, 68 Fed.

Reg. 2859 (January 21, 2003).

29 CFR 1910.1200(d)(4), Hazard Communication, 61 Fed. Reg. 9245 (March 7,

1996).

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

PA 19428-2959.

ASTM E119-05a, Standard Test Methods for Fire Tests of Building

Construction and Materials, approved November 1, 2005.

ASTM D523-89 (1999), Standard Test Method for Specular Gloss,

approved May 10, 1999.

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

Formation of Organic Coatings at Room Temperature, approved

December 1, 2003.

ASTM D3912-95 (2001), Test Method for Chemical Resistance of

Coating Used in Light-Water Nuclear Power Plants, reapproved 2001.

ASTM D4082-02, Test Method for Effects of Radiation on Coatings Used

in Light-Water Nuclear Power Plants, approved 2002.

ASTM D4214-98, Standard Test Methods for Evaluating the Degree of

Chalking of Exterior Paint Films, approved August 10, 1998.

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

and Chemical Intermediates Used in Paint, Varnish, Lacquer, and Related

Products, approved October 1, 2003.

ASTM E84-07, Standard Test Method for Surface Burning Characteristics

of Building Materials, approved 2007.

ASTM D4359-90 (2006), Standard Test Method for Determining Whether

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

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

Products at Atmospheric Pressure, approved 2007.

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

CA 91765.

South Coast Air Quality Management District (SCAQMD) Method 304-

91, Determination of Volatile Organic Compounds in Various Materials,

revised February 1996.

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

February 1993.

SCAQMD Method 318-95, Determination of Weight Percent Elemental

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

SCAQMD Rule 1174, Ignition Method Compliance Certification Protocol

(adopted October 5, 1990).

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

CA 94109.

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.

BAAQMD Method 41, Determination of Volatile Organic Compounds in

Solvent-Based Coatings and Related Materials Containing

Parachlorobenzotrifluoride, proposed amendment February 4, 2004.

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

Organic Compounds in Consumer Products and Reactive Organic Compounds in

Aerosol Coating Products, amended May 5, 2005. California Air Resources

Board, 1001 I Street, PO Box 2815, Sacramento, CA 95812.

California Code of Regulations (CCR) title 17 § 94509(h), Standards for

Consumer Products (2005).

California Code, Health and Safety Code, § 41712(h)(2) (2005).

17 CCR, Article 4, Alternate Control Plan §§ 94540-94555 (1996).

17 CCR § 94511, Innovative Products (1997).

17 CCR § 94503.5, Innovative Products (1996).

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.

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 July 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 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.

“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;

“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

;

“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”.

“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 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.

“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 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

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.

“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 July 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 July 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:

For products manufactured before July 1, 2009: a “Personal Fragrance Product”

with 20 percent or less fragrance.

For products manufactured on or after July 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

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 July 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.

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

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

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),

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.

“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 July 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 July 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 July 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 July 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

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

“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.

“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 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

C, as determined by CARB

Method 310, incorporated by reference in Section 223.120; or

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

C, as

determined by CARB Method 310, incorporated by reference in Section 223.120;

Is the weight percent of a chemical mixture that boils above 216

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

“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.

“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.

“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.

“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:

“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).

“Sanding Sealer” means 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.

“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.

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

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

does not require subsequent laundering to achieve stain removal. This does not include

“Dry Cleaning Fluid”, “Laundry Prewash”, or “Multi-Purpose Solvent.”

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

conjunction with 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

, N

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 propellant including

chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and

hydrofluorocarbons (HFCs).

“Type C Propellant” means any propellant 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

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

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”.

“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

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 July 1, 2009 that contains VOMs in excess of

the limits specified in this subsection:

Special Purpose Spray Adhesives

Mounting, Automotive Engine Compartment, and

Flexible Vinyl

ii)

Polystyrene Foam and Automotive Headliner

iii)

Polyolefin and Laminate Repair /Edgebanding

Adhesives – Construction, Panel and Floor Contact

Adhesives – General Purpose

Adhesives – Structural Waterproof

Air Fresheners

Single-Phase Aerosol

Double Phase Aerosol

Liquids / Pump Sprays

Automotive Brake Cleaners

Automotive Rubbing or Polishing Compound

Automotive Wax, Polish, Sealant, or Glaze

Automotive Windshield Washer Fluids

11)

Bathroom and Tile Cleaners

Carburetor or Fuel-Injection Air Intake Cleaners

14)

Carpet and Upholstery Cleaners

Aerosol

Non-Aerosol (Dilutables)

0.1

Non-Aerosol (Ready-to-Use)

3.0

15)

Charcoal Lighter Material

see Section 223.220

16)

Cooking Spray – Aerosol

Floor Polishes / Waxes

Products for Flexible Flooring Materials

Products for Nonresilient Flooring

Furniture Maintenance Products

Aerosol

All Other Forms Except Solid or Paste

24)

General Purpose Cleaners

Aerosol

Non-Aerosol

25)

General Purpose Degreasers

Heavy Duty Hand Cleaner or Soap

32)

Insecticides

Crawling Bug (Aerosol)

Crawling Bug (All Other Forms)

Flea and Tick

Flying Bug (Aerosol)

Flying Bug (All Other Forms)

Foggers

Lawn and Garden (Aerosol)

Lawn and Garden (All Other Forms)

Laundry Starch Products

35)

Metal Polishes / Cleansers

36)

Multi-Purpose Lubricant

(Excluding Solid or Semi-Solid Products)

37)

Nail Polish Removers

38)

Non-Selective Terrestrial Herbicide - Non-Aerosol

39)

Oven Cleaners

Aerosols / Pump Sprays

Liquids

40)

Paint Removers or Strippers

41)

Penetrants

42)

Rubber and Vinyl Protectants

Aerosol

Non-Aerosol

43)

Sealants and Caulking Compounds

44)

Shaving Creams

45)

Silicone-Based Multi-Purpose Lubricants

(Excluding Solid or Semi-Solid Products)

Tire Sealants and Inflators

48)

Undercoatings – Aerosols

No person shall sell, supply, offer for sale, or manufacture for sale in Illinois, on

or after July 1, 2009, any antiperspirant or deodorant that contains any compound

Cadmium (metallic cadmium and cadmium compounds)

Nickel (metallic nickel and inorganic nickel compounds)

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

positions and containing 4,5,6 or 7 chlorine atoms

Section 223.206 Diluted Products

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

specifically states that the product should 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.

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.

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 July 1, 2010.

Section 223.208

Requirements for Aerosol Adhesives

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.

Special Purpose Spray Adhesive.

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.

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

223.203 for Special Purpose Spray Adhesive and is not classified as a

Web Spray Adhesive or Mist Spray Adhesive under Section 223.203, then

the VOC limit for the product shall be the lowest applicable VOM limit

specified in Section 223.205(a).

Effective July 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.

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 July 1, 2009, no person shall sell, supply, offer for sale, or manufacture for use in

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

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

light or medium build-up of polish that results in an as-used VOM concentration

of three percent by weight or less;

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

heavy build-up of polish, the label of that floor wax stripper must specify a

dilution ratio for heavy build-up of polish that results in an as-used VOM

concentration of 12% by weight or less; and

The 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

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:

Trichlorofluoromethane (CFC-11);

Dichlorodifluoromethane (CFC-12);

1,1,1-trichloro-2,2,2-trifluoroethane (CFC-113);

1-chloro-1,1-difluoro-2-chloro-2,2-difluoroethane (CFC-114);

Chloropentafluoroethane (CFC-115);

Bromochlorodifluoromethane (Halon 1211);

Bromotrifluoromethane (Halon 1301);

Dibromotetrafluoroethane (Halon 2402);

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.

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

formulation existing as of July 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.

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

No person shall sell, supply, or offer for sale on or after July 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.

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.

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.

Section 223.230

Exemptions

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.

For antiperspirants or deodorants, ethanol shall not be considered a medium

volatility organic material (MVOM) for purposes of the content standards

specified in Section 223.205(a).

The VOM limits specified in Section 223.205(a) shall not apply to fragrances up

to a combined level of two percent by weight contained in any consumer product

and shall not apply to colorants up to a combined level of two percent by weight

contained in any antiperspirant or deodorant.

The requirements of Section 223.205(a) for antiperspirants or deodorants shall not

apply to those volatile organic materials that contain more than 10 carbon atoms

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

pressure of two mm Hg or less at 20

The VOM limits specified in Section 223.205(a) shall not apply to any LVP-

VOM.

The requirements of Section 223.250 shall not apply to consumer products

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

7 USC 136 through 136y).

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

that are comprised entirely of fragrance, less compounds not defined as VOMs

under Section 211.7150 or exempted under subsection (f).

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

and insecticides containing at least 98% para-dichlorobenzene.

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

in containers of one fluid ounce or less.

The VOM limits specified in Section 223.205(a) shall not apply to bait station

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

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

Section 223.240 Innovative Product Exemption

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.

Recordkeeping and Availability of Requested Information.

All information specified in the Innovative Product exemption approving

an Innovative Product application shall be maintained by the responsible

party for a minimum of three years after the expiration of the exemption.

The records shall be clearly legible and maintained in good condition

during this period.

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

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.

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.

Recordkeeping and Availability of Requested Information.

All information specified in the ACP Agreement approving an ACP shall

be maintained by the responsible ACP party for 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.

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

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.

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”)

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).

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.

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.

Section 223.255 Additional Product Dating Requirements

No person shall erase, alter, deface, or otherwise remove or make illegible any

date or code indicating the date of manufacture from any regulated product

container without the express authorization of the manufacturer. No manufacturer

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

Date-code explanations for codes indicating the date of manufacture are public

information and may not be claimed as confidential.

Section 223.260 Most Restrictive Limit

Products manufactured before July 1, 2009, and FIFRA-registered Insecticides

manufactured before July 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 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. This requirement

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

insecticide foggers.

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

insecticides manufactured on or after July 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 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 VOM limit shall apply. This requirement does not

apply to general purpose cleaners, antiperspirant/deodorant products and

insecticide foggers.

Section 223.265 Additional Labeling Requirements for Aerosol Adhesives, Adhesive

Removers, Electronic Cleaners, Electrical Cleaners, Energized Electrical

Cleaners, and Contact Adhesives

In addition to the requirements specified in Sections 223.250, 223.260, and

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

products clearly display the following information on each product container

manufactured on or after July 1, 2009.

The product category as specified in Section 223.205(a) or an abbreviation

of the category shall be displayed.

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.

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”.

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.

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.

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.

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

Within 90 days after written request by the Agency, a responsible party must

submit to the Agency any of the following information within 90 days of a request

by the Agency:

The name, address, and telephone number of the responsible party and the

name and telephone number of the party's designated contact person;

For each product subject to Section 223.205(a):

The product brand name;

The product label;

The product category to which the consumer product belongs;

The applicable product form(s) listed separately; and

An identification of the product as a household product,

institutional product, or both;

Separate Illinois sales in pounds per year, to the nearest pound, and the

method used to calculate Illinois sales for each product form;

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;

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%:

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 2% by weight fragrance:

The percent of fragrance that is LVP-VOMs; and

ii)

The percent of fragrance that is all other carbon-containing

compounds; and

Total paradichlorobenzene;

For each product brand name and form, the identity, including the specific

chemical name and associated Chemical Abstract Services (CAS) number,

of the following:

Each Section 223.205(a) compound; and

Each LVP-VOM that is not a fragrance; and

If the product includes a propellant, the following:

The weight percent comprised of propellant for each product; and

An identification of the type of propellant, such as Type A, Type

B, Type C, or a blend of the different types.

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:

Listed in Section 223.210(a); and

Contained in a product subject to reporting under subsection (a) any

amount greater than 0.1% by weight.

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

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.

For each consumer product that contains perchloroethylene or methylene chloride,

within 90 days after a written request by the Agency, the responsible party shall

report the following information for products sold in Illinois:

The product brand name and a copy of the product label with legible usage

instructions;

The product category to which the consumer product belongs;

The applicable product forms (listed separately);

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

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

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.

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:

Accurate manufacturing records shall be kept for each day of production

of the amount and chemical composition of the individual product

constituents;

Records required by subsection (b)(1) shall be kept for at least three years;

For subsection (b)(4), the following shall apply:

“A” means the total net weight of unit excluding container and

packaging;

“B” means the total weight of all VOMs per unit; and

“C” means the total weight of all exempted VOMs per unit;

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

weight of unit excluding container and packaging and the product,

multiplied by 100 as in the formula below:

VOM Content = B - C x 100

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.

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.

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, which is incorporated by reference in Section 223.120.

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.

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

to:

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.

Any aerosol coating product.

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

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 born 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 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 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 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

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.

“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.

“Lacquer” means 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

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 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

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 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 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

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.

“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

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 July 1, 2009 that contains a VOM

content in excess of the corresponding limit specified below:

VOM Content Limit

Grams/Liter (Pounds/Gallon)

Non-Flat-High-Gloss Coatings

250

(2.1)

Specialty Coatings

Bituminous Roof Coatings

300

(2.5)

Bituminous Roof Primers

Clear Brushing Lacquers

680

(5.7)

Lacquers

(including lacquer sanding sealers)

550

(4.6)

Sanding Sealers

(other than lacquer sanding sealers)

Concrete Curing Compounds

350

(2.9)

Concrete Surface Retarder

Faux Finishing Coatings

350

(2.9)

15)

Fire-Resistive Coatings

350

(2.9)

16)

Fire-Retardant Coatings

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

Magnesite Cement Coatings

450

(3.8)

26)

Mastic Texture Coatings

300

(2.5)

27)

Metallic Pigmented Coatings

Pre-Treatment Wash Primers

420

(3.5)

31)

Primers, Sealers, and Undercoaters

Quick-Dry Primers, Sealers and Undercoaters

Rust Preventive Coatings

Specialty Primers, Sealers, and Undercoaters

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

BOARD NOTE: Conversion factor: one pound VOM per gallon (U.S.) = 119.95

grams per liter.

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.

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):

Lacquer coatings (including lacquer sanding sealers);

Metallic pigmented coatings;

Shellacs;

Fire-retardant coatings;

Pretreatment wash primers;

Industrial maintenance coatings;

Low-solids coatings;

Wood preservatives;

High-temperature coatings;

10)

Temperature-indicator safety coatings;

11)

Antenna coatings;

12)

Antifouling coatings;

13)

Flow coatings;

14)

Bituminous roof primers;

15)

Specialty primers, sealers, and undercoaters;

Impacted immersion coatings;

19)

Nuclear coatings;

20)

Thermoplastic rubber coating and mastics;

21)

Concrete surface retarder.

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-

containing materials used for thinning and cleanup shall also be closed when not

in use.

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).

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.

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).

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

the date, shall be indicated on the label, lid or bottom of the container. If the

manufacturer uses a date-code for any coating, the manufacturer shall file an

explanation of each code with the Agency upon request.

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.

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”.

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:

"For industrial use only”,

"For professional use only”,

"Not for residential use" or "Not intended for residential use”.

Clear Brushing Lacquers. The labels of all clear brushing lacquers shall

prominently display the statements “For brush application only” and “This

product must not be thinned or sprayed”.

Rust Preventive Coatings. The labels of all rust preventive coatings shall promi-

nently display the statement “For Metal Substrates Only.”

Specialty Primers, Sealers, and Undercoaters. The labels of all specialty primers,

sealers, and undercoaters shall prominently display one or more of the following

descriptions.

“For blocking stains;”

“For fire-damaged substrates;”

“For smoke-damaged substrates;”

“For water-damaged substrates;”

“For excessively chalky substrates.”

Quick-Dry Enamels. The labels of all quick dry enamels shall prominently

display the words “Quick Dry” and the dry hard time.

Non-Flat High-Gloss Coatings. The labels of all non-flat high-gloss

coatings shall prominently display the words “High Gloss.”

Stone Consolidants. Effective July 1, 2010, the labels of all stone consolidants

shall prominently display the statement “Stone Consolidant - For Professional Use

Only”.

Section 223.330 Reporting Requirements

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:

The number of gallons of clear brushing lacquers sold in the State during

the preceding calendar year; and

The method used by the manufacturer to calculate State sales.

Rust Preventive Coatings. 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.

The number of gallons of rust preventive coatings sold in the State during

the preceding calendar year; and

The method used by the manufacturer to calculate State sales.

Specialty Primers, Sealers, and Undercoaters. Within 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:

The number of gallons of specialty primers, sealers, and undercoaters sold

in the State during the preceding calendar year; and

The method used by the manufacturer to calculate State sales.

Toxic Exempt Compounds. For each architectural coating that contains

perchloroethylene or methylene chloride, within 90 days after written request by

the Agency, the manufacturer shall report the following information for products

sold in Illinois:

The product brand name and a copy of the product label with legible usage

instructions;

The product category listed in Section 223.310(a) to which the coating

belongs;

The total sales in Illinois, during the calendar year, to the nearest gallon;

and

The volume percent, to the nearest 0.10 percent, of perchloroethylene and

methylene chloride in the coating.

Recycled Coatings.

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.

Within 90 days after written request by the Agency, each recycled

coatings manufacturer shall report the following information for products

sold in Illinois:

The number of gallons of recycled coatings sold in the State during

the preceding calendar year; and

The method used by the manufacturer to calculate State sales.

Bituminous Coatings. 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.

The number of gallons of bituminous roof coatings or bituminous roof

primers sold in the State during the preceding calendar year; and

The method used by the manufacturer to calculate State sales.

Section 223.340 Compliance Provisions and Test Methods

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.

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 = grams of VOM per liter of coating

= weight of volatiles, in grams

= weight of water, in grams

Wem

= weight of exempt materials, in grams

= volume of coating, in liters

= volume of water, in liters

Vem

= volume of exempt materials, in liters

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

= weight of volatile, in grams

= weight of water, in grams

Wem

= weight of exempt materials, in grams

= volume of coating, in liters

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,

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:

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.

Fire-Resistance Rating. The 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.

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.

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).

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.

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.

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.

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)).

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)).

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)).

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

Solids of Surface Coatings (see Section 223.340(b)), or an equivalent method

approved by the CARB.

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

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

Determination of Volatile Organic Compounds (VOC) in Various Materials,

SCAQMD Laboratory Methods of Analysis for Enforcement Samples (see

Section 223.340(b)

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 May 7, 2009, by a vote of 5-0.

___________________________________

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board