RECEIVED
CLERK’S
OFFICE
JUN
162009
STATE
OF
ILLINOIS
Pollution
Control
Board
OFFICE OF THE SECRETARY
OF STATE
JESSE
WHITE. Secretary of
State
June 12, 2009
POLLUTION CONTROL BOARD
JOHN THERRIAULT ASSISTANT CLERK
100 W
RANDOLPH
ST, STE
11-500
CHICAGO, IL 60601
Dear
JOHN
THERRIAULT ASSISTANT CLERK
Your rules Listed below met
our codification standards and have been published in
Volume 33,
Issue 25 of the Illinois Register, dated
6/19/2009.
ADOPTED RULES
Standards and Limitations for Organic
Material Emissions for Area Sources
35
Ill. Adm. Code 223
8224
Point of
Contact: Nancy Miller
If you
have any questions, you
may contact the Administrative Code Division at
(217) 782 - 7017.
Index
Department
- Administrative Code Division
- 111 East Monroe Springfield, IL 62756
JUN
162009
ILLINOIS
REGISTER
,ttW1cfliCOntr
STATE
OF
IL’
‘NO
Rpd
,Jir’
\(
POLLUTION CONTROL
BOARD
NOTICE
OF ADOPTED RULE
1)
Heading of the Part:
Standards and
Limitations
for
Organic
Material
Emissions for Area
Sources
2)
Code
Citation:
35
Iii.
Adm. Code
223
3)
Section
Numbers:
Adopted
Action:
223.100
New Section
223.105
New
Section
223.120
New
Section
223.200
New
Section
223.201
New
Section
223.203
New
Section
223.205
New
Section
223.206
New
Section
223.207
New
Section
223.208
New
Section
223.209
New
Section
223.2
10
New
Section
223.220
New
Section
223.230
New
Section
223.240
New Section
223.245
New
Section
223.250
New
Section
223.255
New
Section
223.260
New
Section
223.265
New
Section
223.270
New
Section
223.275
New
Section
223.280
New
Section
223.285
New
Section
223.300
New
Section
223.305
New
Section
223.307
New Section
223.3
10
New
Section
223.320
New Section
223.330
New Section
223.340
New Section
223.350
New
Section
ECiVo
223.360
New Section
JUN —
SOS-OCii
PIV
ILLINOIS
REGISTER
POLLUTION CONTROL BOARD
NOTICE
OF
ADOPTED
RULE
223.370
New Section
4)
Statutory Authority: 415 ILCS 5/27
and 28
5)
Effective
Date of Amendments:
JUN
- 8
2009
6)
Does this rulemaking contain an automatic repeal date?
No
7)
Do these amendments contain incorporations
by reference? No
8)
The adopted amendments, including
any material incorporated by reference, are on
file in
the Board’s Chicago office at the James R. Thompson Center, 100 W. Randolph,
Suite
11-500 and are available for public inspection.
9)
Notice of Proposal Published in Illinois Register:
November
7, 2008, 32 Ill. Reg17301
10)
Has JCAR issued a Statement of Objections to these amendments? No
11)
Differences between proposal
and final version:
Since First Notice publication in the Illinois Register, the
proposal has been amended
only
to
reflect changes made in response
to comments and testimony received
by
the
Board at hearing
12)
Have all the changes agreed upon by the agency and JCAR
been made as indicated in
the
agreements
letter
issued by
JCAR?
Yes
13)
Will
these amendments replace emergency amendments currently in effect? No
14)
Are there any amendments pending on this Part? No
15)
Summary and
Purpose
of Amendments:
These regulations were
adopted
in order
to attain the new USEPA ozone NAAQS
by 2010
and to protect the health of Illinois citizens. The regulations
seek to reduce volatile
organic material emissions (“VOM”) from various consumer products, architectural
and
industrial maintenance products. If adopted,
the rule
will
take effect on July 1, 2009.
These products represent significant, yet widely diffuse, sources
of
VOM
and are
comprised of the various forms of consumer products
used by
individual
households and
small businesses.
Together,
these items emit about 10% of the total anthropogenic
VOM
emissions from sources in Illinois.
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF ADOPTED
RULE
16)
Information
and questions
regarding
these
adopted
amendments
shall
be directed
to:
Tim
Fox
Illinois Pollution
Control
Board
100
W.
Randolph
11-500
Chicago,
IL 60601
312-814-6085
Copies
of
the Board’s
opinions
and
orders
may
be requested
from
the
Clerk of
the Board
at the
address
listed in #8
above
or by
calling 312/814-3620.
Please
refer to the
Docket
number
R08-17
in
your
request. The
Board
order is also
available
from
the Board’s
Web
site
(www.ipcb.state.il.us)
The full
text of the
Adopted
Rule
begins
on
the next page:
ILLINOIS REGISTER
POLLUTION
CONTROL BOARD
NOTICE OF ADOPTED
RULES
TITLE 35: ENVIRONMENTAL
PROTECTION
SUBTITLE B: AIR
POLLUTION
CHAPTER
I: POLLUTION
CONTROL BOARD
SUBCHAPTER C: EMISSION
STANDARDS
AND LIMITATIONS
FOR STATIONARY
SOURCES
PART 223
STANDARDS
AND LIMITATIONS
FOR ORGANIC
MATERIAL EMISSIONS
FOR AREA
SOURCES
SUBPART
A: GENERAL PROVISIONS
Section
223.100
Severability
223.105
Abbreviations
and Acronyms
223.120
Incorporations
by Reference
SUBPART B:
CONSUMER AND COMMERCIAL
PRODUCTS
Section
223.200
Purpose
223.201
Applicability
223.203
Definitions for
Subpart B
223.205
Standards
223.206
Diluted Products
223.207
Products Registered
under FIFRA
223.208
Requirements for Aerosol
Adhesives
223.209
Requirements
for Floor Wax Strippers
223.210
Products Containing Ozone-Depleting
Compounds
223.220
Requirements
for Charcoal Lighter
Material
223.230
Exemptions
223.240
Innovative
Product Exemption
223.245
Alternative
Compliance Plans
223.250
Product
Dating
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
Contact
Adhesives
223.270
Reporting
Requirements
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
223.275
Special
Recordkeeping
Requirements
for
Consumer
Products
that Contain
Perchioroethylene
or
Methylene
Chloride
223.280
Calculating
Illinois
Sales
223.285
Test
Methods
SUBPART
C:
ARCHITECTURAL
AND
INDUSTRIAL
MAINTENANCE
COATINGS
Section
223.300
Purpose
223.305
Applicability
223.307
Definitions
for
Subpart
C
223.3
10
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
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
ASTM
American
Society for
Testing
and Materials
BAAQMD
Bay Area
Air Quality
Management
District
CARB
California
Air Resources
Board
Degrees
Celsius
CFCs
Chiorofluorocarbons
CO
2
Carbon
Dioxide
Degrees
Fahrenheit
FDA
United
States Food
and Drug
Administration
FIFRA
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(7
USC
136
through
l36y)
FRP
Fiberglass
reinforced
plastic
HVOM
High
Volatility
Organic Material
HCFCs
Hydrochlorofluorocarbons
HFCs
Hydrofluorocarbons
LVP-VOM
Low
Vapor Pressure-Volatile
Organic
Material
MVOM
Medium
Volatility
Organic
Material
N
2
Nitrogen
N20
Nitrous
Oxide
OER
Original
Equipment
Manufacturer
PCBTF
Parachlorobenzotrifluoride
ROC
Reactive
Organic
Compound
ROG
Reactive
Organic
Gas
SCAQMD
South
Coast Air
Quality Management
District
USEPA
United
States
Environmental
Protection
Agency
VOM
Volatile
Organic
Material
Section 223.120
Incorporations
by
Reference
The
following
materials
are incorporated
by
reference.
These incorporations
do
not include
any
later amendments
or editions.
a)
40
CFR 59, subpart
D, appendix
A,
Determination
of
Volatile
Matter
Content
of
Methacrylate
Multicomponent
Coatings
Used
as Traffic
Marking
Coatings,
64
Fed.
Reg. 35002
(June
30, 1999).
b)
40
CFR 59, subpart
C, National
Volatile
Organic
Compound
Emission
Standards
for
Consumer
Products,
69 Fed.
Reg. 18803
(April
4, 2004).
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
c)
40 CFR
60,
appendix
A, Method
24, Determination
of
Volatile Matter
Content,
Water Content,
Density,
Volume
Solids,
and Weight
Solids of
Surface Coatings,
36
Fed.
Reg. 24877
(December
23, 1971).
d)
40
CFR
82, subpart
A, appendix
A, Class
I Controlled
Substances,
68 Fed.
Reg.
42892
(July 18,
2003) and
appendix
B, Class II
Controlled
Substances,
68 Fed.
Reg.
2859
(January
21,
2003).
e)
29
CFR 1910.1200(d)(4),
Hazard
Communication,
61
Fed. Reg.
9245 (March
7,
1996).
f)
ASTM
International,
100 Barr
Harbor
Drive, P0
Box C700,
West
Conshohocken
PA
19428-2959.
1)
ASTM
El 19-05a,
Standard
Test
Methods
for Fire
Tests
of Building
Construction
and
Materials,
approved
November
1,
2005.
2)
ASTM
D523-89
(1999),
Standard
Test Method
for
Specular Gloss,
approved
May 10,
1999.
3)
ASTM
D1640-03,
Standard
Test
Methods
for
Drying,
Curing, or
Film
Formation
of Organic
Coatings
at Room
Temperature,
approved
December
1, 2003.
4)
ASTM
D3912-95
(2001),
Test Method
for
Chemical
Resistance
of
Coating
Used
in Light-Water
Nuclear Power
Plants,
reapproved
2001.
5)
ASTM D4082-02,
Test Method
for Effects
of Radiation
on Coatings
Used
in Light-Water
Nuclear
Power Plants,
approved
2002.
6)
ASTM
D4214-98,
Standard
Test Methods
for
Evaluating
the
Degree of
Chalking
of Exterior
Paint Films,
approved
August
10, 1998.
7)
ASTM
D1613-03,
Standard
Test Method
for
Acidity
in Volatile
Solvents
and
Chemical
Intermediates
Used in Paint,
Varnish,
Lacquer,
and Related
Products,
approved
October
1, 2003.
8)
ASTM
E84-07,
Standard
Test Method
for Surface
Burning
Characteristics
of
Building
Materials,
approved
2007.
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
9)
ASTM
D4359-90
(2006),
Standard
Test
Method
for Determining
Whether
a Material
is
a
Liquid
or
a Solid,
reapproved
2006.
10)
ASTM
E260-96
(2006),
Standard
Practice
for
Packed
Column
Gas
Chromatography,
reapproved
2006.
11)
ASTM
E2167-01,
Standard Guide
for
Selection
and
Use of
Stone
Consolidants
(see
section 4,
Stone Consolidant),
approved 2001.
12)
ASTM
C836-06,
Specification
for High
Solids
Content,
Cold
Liquid-
Applied
Elastomeric
Waterproofing
Membrane
for Use
with
Separate
Wearing
Course,
approved
2006.
13)
ASTM
D86-07b,
Standard
Test Method
for Distillation
of Petroleum
Products
at
Atmospheric
Pressure,
approved
2007.
g)
South
Coast Air
Quality
Management
District,
21865
Copley
Dr.,
Diamond Bar
CA
91765.
1)
South
Coast Air
Quality Management
District (SCAQMD)
Method
304-
91, Determination
of
Volatile
Organic
Compounds
in Various
Materials,
revised
February
1996.
2)
SCAQMD
Method
303-9 1,
Determination
of
Exempt
Compounds,
revised
February
1993.
3)
SCAQMD
Method
318-95, Determination
of
Weight
Percent
Elemental
Metal
in Coatings
by
X-Ray
Diffraction,
approved
July 1996.
4)
SCAQMD
Rule
1174, Ignition
Method
Compliance
Certification
Protocol
(adopted
October
5, 1990).
h)
Bay
Area Air
Quality
Management
District
Office,
939
Ellis Street,
San Francisco
CA 94109.
1)
Bay Area
Air
Quality
Management
District
(BAAQMD)
Method 43,
Determination
of
Volatile
Methylsiloxanes
in
Solvent-Based
Coatings,
Inks,
and Related
Materials,
proposed
amendment
February
4, 2004.
ILLINOIS REGISTER
POLLUTION
CONTROL BOARD
NOTICE OF ADOPTED RULES
2)
BAAQMD Method 41, Determination
of Volatile Organic
Compounds in
Solvent-Based
Coatings and Related
Materials Containing
Parachlorobenzotrifluoride,
proposed amendment
February 4, 2004.
i)
California
Air Resources Board (CARB)
Method 310, Determination
of
Volatile
Organic Compounds in
Consumer Products and Reactive
Organic Compounds
in
Aerosol
Coating Products, amended
May 5, 2005. California Air
Resources
Board, 1001 I Street,
P0 Box 2815, Sacramento
CA 95812.
j)
California
Code of Regulations (CCR), title
17
§
94509(h), Standards
for
Consumer Products (2005).
k)
California Code, Health and
Safety Code,
§
417 12(h)(2) (2005).
1)
17 CCR Article 4, Alternate
Control Plan
§
94540-94555 (1996).
m)
17 CCR
§
94511, Innovative Products
(1997).
n)
17 CCR
§
94503.5, Innovative Products
(1996).
o)
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.
p)
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
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF ADOPTED
RULES
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
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE OF ADOPTED
RULES
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];
ILLINOIS
REGISTER
POLLUTION
CONTROL BOARD
NOTICE
OF ADOPTED
RULES
“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 which 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 that 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
ILLINOIS
REGISTER
POLLUTION
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NOTICE
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RULES
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,
“AstringentlToner”,
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.
ILLINOIS
REGISTER
POLLUTION
CONTROL BOARD
NOTICE
OF ADOPTED
RULES
“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.
ILLINOIS REGISTER
POLLUTION
CONTROL BOARD
NOTICE OF ADOPTED
RULES
“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.
ILLINOIS
REGISTER
POLLUTION CONTROL
BOARD
NOTICE
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“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
an
“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.
ILLINOIS REGISTER
POLLUTION
CONTROL BOARD
NOTICE
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RULES
“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 that 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,
that it can be
used on or
applied
to the
human
axilla is a “Deodorant”.
“Deodorant
Body
Spray”
means:
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
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ADOPTED
RULES
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
ILLINOIS
REGISTER
POLLUTION CONTROL
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NOTICE
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ADOPTED RULES
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”.
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
“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
ILLINOIS
REGISTER
POLLUTION
CONTROL BOARD
NOTICE OF ADOPTED
RULES
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.
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
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ADOPTED
RULES
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
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
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”,
“AstringentlToner”,
“Facial
Cleaner
or
Soap”,
“Hand
Dishwashing
Detergent”
(including
antimicrobial), “Heavy-duty
Hand
Cleaner
or
Soap”,
“Medicated
AstringentJMedicated
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.
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE OF ADOPTED
RULES
“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.
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
“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”
or
“HVOC”
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°C.
“Household
Product”
means
any consumer
product
that is
primarily
designed
to
be
used
inside or
outside
of
living quarters
or residences
that
are occupied
or
intended
for occupation
by
individuals,
including
the
immediate
surroundings.
“Illinois
Sales”
means the
sales (net pounds
of product,
less
packaging
and
container,
per
year) in Illinois
for either
the calendar
year
immediately
prior
to
the
year
that the registration
is due
or, if
that data is
not available,
any consecutive
12
month
period
commencing
no earlier
than two
years prior
to
the
due
date of the
ILLINOIS
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NOTICE
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ADOPTED
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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’
t
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.
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
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RULES
‘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
ILLINOIS
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NOTICE OF ADOPTED
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Is
a
chemical material or
compound with
a boiling point
greater than
2 16°C, as determined
by CARB Method
310,
incorporated
by
reference
in
Section
223.120; or
Is the
weight percent
of a chemical mixture
that
boils
above
2
16°C, as
determined by CARB
Method 310,
incorporated by reference
in Section
223. 120.
For the purposes
of this definition, 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°C.
“Metal
PolishlCleanser” means
any product
designed primarily
to
improve
the
appearance
of finished
metal or metallic or
metalized 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 that 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.
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF ADOPTED
RULES
“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.
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE OF ADOPTED
RULES
“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”,
paint
brush
cleaners,
products
designed and
labeled exclusively
as “Graffiti
Removers”,
and hand cleaner products
that claim
to
remove
paints
and other related coatings
from skin.
“Penetrant”
means
a lubricant
designed
and labeled primarily
to
loosen metal
parts that have bonded
together due to rusting,
oxidation,
or other
causes.
The
term does not
include “Multi-purpose
Lubricants” that claim
to
have penetrating
qualities, but are not
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
ILLINOIS
REGISTER
POLLUTION CONTROL
BOARD
NOTICE
OF ADOPTED RULES
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),
that best describes the product.
“Product Form” for the
purpose of complying with Section 223.270
only, means
the applicable form that most accurately
describes the product’s dispensing
form,
as follows:
A
=
Aerosol Product
S
=
Solid
P
Pump Spray
L
=
Liquid
SS =
Semisolid
O
=
Other
“Product
Line” means a group of products
of identical form and function
belonging to the same product
category or categories.
ILLINOIS
REGISTER
POLLUTION
CONTROL BOARD
NOTICE
OF
ADOPTED RULES
“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
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
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
compound”
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
that
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
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF ADOPTED
RULES
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.
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
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
that
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,
ILLINOIS
REGISTER
POLLUTION
CONTROL BOARD
NOTICE
OF ADOPTED
RULES
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 C02,,2
N N
2
0,
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),
hydrochiorofluorocarbons
(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,
VOC Content
= (Certified
Emissions
x
100)
Certified
Use
Rate
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
at Section
223.120,
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
expressed
to the
nearest
0.00 1
pound CH
2
per start.
Certified
Use
Rate =
The usage
level
for products
approved
by
the Agency
under
Section
223.220,
as determined
pursuant
to South
Coast
Air
Quality Management
District Rule
1174,
Ignition
Method
Compliance
Certification
Protocol
(February
27, 1991),
incorporated
by reference
at Section
223.120,
expressed
to
the
nearest
0.00
1
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.
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF ADOPTED
RULES
Section 223.205
Standards
a)
Except
as
provided
in Section
223.207,
223.230, 223.240,
or
223.245,
no person
shall
sell,
supply,
offer for
sale,
or
manufacture
for sale in
Illinois
any
consumer
product
manufactured
on
or
after July 1,
2009
that
contains VOMs
in excess of
the
limits
specified
in this
subsection:
Affected Product
% VOM
by
Weight
1)
Adhesives
— Spray
A)
Mist
Spray
65
B)
WebSpray
55
C)
Special
Purpose
Spray Adhesives
i)
Mounting,
Automotive
Engine
70
Compartment,
and
Flexible Vinyl
ii)
Polystyrene
Foam
and Automotive
65
Headliner
iii)
Polyolefin
and Laminate
60
Repair/Edgebanding
2)
Adhesives
— Construction,
Panel,
and Floor
Contact
15
3)
Adhesives
— General
Purpose
10
4)
Adhesives
—
Structural
Waterproof
15
5)
Air
Fresheners
A)
Single Phase
Aerosol
30
B)
Double
Phase Aerosol
25
ILLINOIS
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NOTICE
OF
ADOPTED
RULES
C)
Liquids/Pump
Sprays
18
D)
Solids/Gel
3
6)
Antiperspirants
A)
Aerosol
40
HVOM
10
HVOM
B)
Non-Aerosol
0
MVOM
0
MVOM
7)
Automotive
Brake
Cleaners
45
8)
Automotive
Rubbing
or
Polishing
Compound
17
9)
Automotive
Wax, Polish,
Sealant,
or Glaze
A)
Hard
Paste
Waxes
45
B)
Instant
Detailers
3
C’)
All OtherForms
15
10)
Automotive
Windshield
Washer
Fluids
35
11)
Bathroom
and Tile
Cleaners
A)
Aerosol
7
B)
All
Other
Forms
5
12)
Bug and
Tar
Remover
40
13)
Carburetor
or Fuel-Injection
Air
Intake
Cleaners
45
14)
Carpet
and Upholstery
Cleaners
A)
Aerosol
7
ILLINOIS REGISTER
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CONTROL BOARD
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RULES
B)
Non-Aerosol
(Dilutables)
0.1
C)
Non-Aerosol (Ready-to-Use)
3.0
15)
Charcoal
Lighter Material
see
Section
223.220
16)
Cooking Spray — Aerosol
18
17)
Deodorants
A)
Aerosol
0
HVOM
10
HVOM
B)
Non-Aerosol
0
MVOM
0
MVOM
18)
Dusting Aids
A)
Aerosol
25
B)
All Other
Forms
7
19)
Engine
Degreasers
A)
Aerosol
35
B)
Non-Aerosol
5
20)
Fabric Protectants
60
21)
Floor
Polishes/Waxes
A)
Products
for Flexible Flooring
Materials
7
B)
Products for Nonresilient
Flooring
10
C)
Wood Floor
Wax
90
22)
Floor Wax Strippers
see Section 223.209
ILLINOIS
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RULES
23)
Furniture
Maintenance
Products
A)
Aerosol
17
B)
All
Other
Forms
Except
Solid
or Paste
7
24)
General
Purpose
Cleaners
A)
Aerosol
10
B)
Non-Aerosol
4
25)
General
Purpose
Degreasers
A)
Aerosol
50
B)
Non-Aerosol
4
26)
Glass
Cleaners
A)
Aerosol
12
B)
Non-Aerosol
4
27)
Hair
Mousses
6
28)
Hairshines
55
29)
Hairsprays
55
30)
Hair Styling
Gels
6
31)
Heavy
Duty Hand
Cleaner
or Soap
8
32)
Insecticides
A)
Crawling
Bug
(Aerosol)
15
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REGISTER
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RULES
B)
Crawling
Bug
(All
Other Forms)
20
C)
Flea
and
Tick
25
D)
Flying Bug (Aerosol)
25
E)
Flying Bug
(All
Other Forms)
35
F)
Foggers
45
G)
Lawn and
Garden (Aerosol)
20
H)
Lawn and
Garden (All
Other Forms)
3
I)
Wasp
and Hornet
40
33)
Laundry Prewash
A)
Aerosols/Solids
22
B)
All Other Forms
5
34)
Laundry Starch
Products
5
35)
Metal
Polishes/Cleansers
30
36)
Multi-Purpose Lubricant
(Excluding
Solid
or Semi-Solid
Products)
50
37)
Nail Polish
Removers
75
38)
Non-Selective
Terrestrial Herbicide
— Non-Aerosol
3
39)
Oven Cleaners
A)
Aerosols/Pump
Sprays
8
ILLINOIS
REGISTER
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NOTICE
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RULES
B)
Liquids
5
40)
Paint Removers
or
Strippers
50
41)
Penetrants
50
42)
Rubber
and Vinyl Protectants
A)
Aerosol
10
B)
Non-Aerosol
3
43)
Sealants
and
Caulking Compounds
4
44)
Shaving
Creams
5
45)
Silicone-Based
Multi-Purpose Lubricants
(Excluding
Solid
or Semi-Solid
Products)
60
46)
Spot
Removers
A)
Aerosol
23
B)
Non-Aerosol
8
47)
Tire Sealants
and Inflators
20
48)
Undercoatings
— Aerosols
40
b)
No person
shall
sell, supply,
offer for sale,
or manufacture
for sale in
Illinois,
on
or
after July 1, 2009, any
antiperspirant
or deodorant that
contains
any
compound
listed below:
B enzene
Ethylene Dibromide
Ethylene Dichloride
ILLINOIS REGISTER
POLLUTION
CONTROL BOARD
NOTICE OF
ADOPTED
RULES
Hexavalent
Chromium
Asbestos
Cadmium (metallic
cadmium and
cadmium compounds)
Carbon
Tetrachioride
Trichioroethylene
Chloroform
Vinyl Chloride
Inorganic
Arsenic
Nickel (metallic
nickel and inorganic
nickel
compounds)
Perchioroethylene
Formaldehyde
1 ,3-Butadiene
Inorganic
Lead
Dibenzo-p-dioxins
and
dibenzofurans
chlorinated
in the 2,3,7 and
8
positions
and
containing
4,5,6
or 7 chlorine atoms
Section 223.206
Diluted
Products
a)
For consumer
products
for which
the label, packaging,
or
accompanying
literature
specifically
states
that the product
should
be
diluted with
water
or
non-VOM
solvent
prior to use, the limits
specified in
Section 223.205(a)
must
apply
to the
product
only after
the minimum
recommended
dilution has
taken
place.
b)
For
purposes of subsection
(a) of this Section,
the
minimum
recommended
dilution
shall not
include recommendations
for incidental use
of a
concentrated
product
to deal
with
limited
special applications
such as hard-to-remove
soils or
stains.
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
c)
For consumer
products
for
which
the label,
packaging,
or
accompanying
literature
states
that
the product
should
be diluted
with any
VOM solvent
prior
to use,
the
limits
specified in
Section 223.205(a)
shall apply
to the
product
only
after the
maximum
recommended
dilution
has
taken place.
Section 223.207
Products
Registered
under
FIFRA
For those
consumer
products that
are registered
under
the Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(FIFRA,
7
USC 136 through
136y),
incorporated
by
reference
in
Section
223.120,
the
effective
date of the
VOM standards
will
be July
1, 2010.
Section 223.208
Requirements
for Aerosol
Adhesives
a)
As
specified
in
California
Code
§
417
12(h)(2),
incorporated
by reference
in
Section
223.120,
the standards
for
aerosol adhesives
apply
to all uses
of aerosol
adhesives,
including
consumer,
industrial,
and
commercial
uses.
Except as
otherwise
provided
in Sections
223.207,
223.230,
223.240,
and 223.245,
no
person
shall sell,
supply,
offer
for sale,
use
or
manufacture
for sale
in Illinois
any
aerosol
adhesive
that, at
the time of
sale, use,
or manufacture,
contains
VOMs
in
excess
of the specified
standard.
b)
Special
Purpose
Spray Adhesive.
1)
In order
to
qualify
as a
Special
Purpose
Spray
Adhesive
the
product
must
meet
one
or more
of the
definitions
for
Special Purpose
Spray
Adhesive
specified
in Section
223.203,
but if
the
product
label
indicates
that the
product
is suitable
for use on
any substrate
or application
not
listed
in one
of the definitions
for
Special Purpose
Spray
Adhesive,
then
the product
shall be
classified
as either
a Web Spray
Adhesive
or a Mist
Spray
Adhesive.
2)
If
a
product meets
more
than
one of
the definitions
specified
in Section
223.203
for
Special
Purpose
Spray Adhesive
and is
not
classified as
a
Web
Spray Adhesive
or Mist
Spray
Adhesive under
Section
223.203,
then
the VOC
limit
for the
product
shall
be the lowest
applicable
VOM
limit
specified
in Section
223.205(a).
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
c)
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.
d)
All
aerosol
adhesives
must
comply
with
the labeling
requirements
specified in
Section
223.265.
Section 223.209
Requirements
for
Floor Wax
Strippers
On or
after 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:
a)
The
label of
each non-aerosol
floor
wax stripper
must specify
a dilution
ratio for
light
or medium
build-up
of
polish that
results in
an
as-used
VOM concentration
of
three percent
by weight
or less;
b)
If a
non-aerosol
floor wax
stripper
is also intended
to be
used for
removal
of
heavy
build-up
of polish,
the
label of
that floor
wax stripper
must specify
a
dilution
ratio
for
heavy
build-up
of
polish that
results in
an as-used
VOM
concentration
of
12%
by
weight
or less;
and
c)
The
term “light
build-up”,
“medium build-up”,
or “heavy build-up”
is
not
specifically
required,
as
long as
comparable
terminology
is used.
Section
223.210
Products
Containing
Ozone-Depleting
Compounds
a)
For
any consumer
product
for
which
standards
are
specified
under Section
223.205(a),
no
person
shall sell,
supply,
offer for
sale,
or
manufacture
for sale in
Illinois
any consumer
product
that
contains any
of the following
ozone-depleting
compounds:
1)
Trichiorofluoromethane
(CFC-1
1);
2)
Dichlorodifluoromethane
(CFC- 12);
3)
1,1,1
-trichloro-2,2,2-trifluoroethane
(CFC- 113);
4)
1 -chloro-
1,1 -difluoro-2-chloro-2,2-difluoroethane
(CFC-
114);
5)
Chloropentafluoroethane
(CFC-1 15);
ILLINOIS REGISTER
POLLUTION
CONTROL BOARD
NOTICE OF ADOPTED RULES
6)
Bromochiorodifluoromethane
(Halon 1211);
7)
Bromotrifluoromethane (Halon
1301);
8)
Dibromotetrafluoroethane
(Halon 2402);
9)
Chiorodifluoromethane
(HCFC-22);
10)
2,2-dichioro-
1,1,1 -trifluoroethane (HCFC- 123);
11)
2-chloro-
1,1,1 ,2-tetrafluoroethane (HCFC- 124);
12)
1,1 -dichioro-
1 -fluoroethane (HCFC- 14 lb);
13)
1 -chioro- 1,1
-difluoroethane (HCFC- 1 42b);
14)
1,1,1 -trichioroethane;
and
15)
Carbon tetrachioride.
b)
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.
c)
The requirements in subsection (a) of this
Section shall not apply to any ozone
depleting compounds
that may be present as impurities in
a
consumer
product in
an amount equal to or less than 0.0 1%
by
weight
of the product.
Section 223.220 Requirements for Charcoal Lighter
Material
a)
No person shall sell, supply,
or offer for sale on or after 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.
ILLINOIS
REGISTER
POLLUTION
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NOTICE
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ADOPTED
RULES
b)
Alternatively,
the
person may
demonstrate
that,
at the time
of the transaction,
the
manufacturer
had been
issued a certification
by
an air pollution
agency
of another
state
and USEPA
that
was
current at
the time
of the
transaction.
c)
Upon
request
by the Agency,
a
manufacturer
claiming
to
have
a
certification
as
specified
in subsection
(a) of
this Section
must submit
to
the Agency
a copy
of the
certification
decision,
including
all conditions
applicable
to the certification
established
by CARB
or the air
pollution
agency of
another
state
and USEPA.
Section
223.230
Exemptions
a)
This Subpart
shall not
apply to
any consumer
product
manufactured
in Illinois
for
shipment and
use outside
of
Illinois,
as long
as
the manufacturer
or distributor
can
demonstrate
both that
the consumer
product
is intended
for
shipment
and
use
outside of
Illinois, and
that
the
manufacturer
or distributor
has taken
reasonable,
prudent
precautions
to assure that
the consumer
product
is
not
distributed
to
Illinois. This
exemption
shall
not
apply to
consumer products
that
are sold,
supplied,
or offered
for sale by
any
person
to retail
outlets
in Illinois.
b)
For
antiperspirants
or
deodorants,
ethanol
shall not be
considered
a medium
volatility organic
material
(MVOM)
for purposes
of the
content standards
specified
in Section
223.205(a).
c)
The
VOM limits
specified
in
Section
223.205(a)
shall
not
apply to
fragrances
up
to a
combined
level of
two percent
by weight
contained
in
any consumer
product
and shall
not
apply
to colorants
up
to
a combined
level
of
two percent
by
weight
contained in
any antiperspirant
or
deodorant.
d)
The
requirements
of Section
223.205(a)
for
antiperspirants
or deodorants
shall not
apply to
those
volatile
organic
materials
that
contain
more
than 10
carbon
atoms
per
molecule
and for which
the
vapor
pressure
is unknown,
or that
have
a
vapor
pressure
of two mm
Hg or less
at 20°C.
e)
The
VOM
limits specified
in Section
223.205(a)
shall
not apply
to any LVP
VOM.
f)
The
requirements
of Section
223.250 shall
not apply
to consumer
products
registered
under the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(FIFRA,
7
USC
136 through
136y).
ILLINOIS REGISTER
POLLUTION
CONTROL BOARD
NOTICE OF
ADOPTED RULES
g)
The VOM
limits specified
in
Section 223.205(a)
shall not apply
to air fresheners
that
are comprised entirely
of fragrance, less
compounds
not defined
as VOMs
under Section 211.7150
or exempted under
subsection
(f).
h)
The VOM limits specified
in Section 223.205(a)
shall
not apply to air
fresheners
and insecticides
containing
at least 98%
para-dichlorobenzene.
i)
The VOM limits
specified in Section
223.205(a) shall
not apply to
adhesives
sold
in containers
of
one
fluid
ounce
or less.
j)
The
VOM
limits specified in Section
223.205(a) shall
not
apply to
bait station
insecticides.
For
the purpose of this
Section,
bait
station insecticides
are
containers
enclosing
an insecticidal
bait that is not more
than
0.5
ounce by
weight, when
the
bait is designed
to be
ingested
by
insects and is composed
of
solid material
feeding
stimulants
with less than
five
percent
active ingredients.
Section 223.240
Innovative Product
Exemption
a)
Any manufacturer
of consumer
products that have been
granted
an
Innovative
Product exemption
by the CARB under
the Innovative
Products
provisions
in 17
California
Code of
Regulations
§
94511 or 94503.5, both
incorporated by
reference in Section
223.120, shall be
exempt
from
the limits in
Section
223.205(a)
for the
period
of time
that the CARB Innovative
Products exemption
remains in
effect,
provided that all consumer
products
within the
CARB
Innovative
Products
exemption
are contained in the limits
in Section
223.205(a).
Any manufacturer
claiming such an
exemption
on
this basis must
submit to
the
Agency a
copy of
the
CARB
Innovative
Product exemption
decision
(i.e., the
Executive
Order),
including all conditions
established
by the CARB
applicable
to
the exemption.
b)
Recordkeeping
and
Availability
of Requested Information.
1)
All
information specified
in the Innovative
Product exemption
approving
an
Innovative
Product
application shall
be
maintained
by the
responsible
party for a
minimum
of
three
years after
the expiration of the
exemption.
The records shall be
clearly legible and maintained
in
good
condition
during this
period.
2)
The records specified
in subsection (b)(1)
shall
be
made
available
to the
Agency,
or its authorized
representative,
upon request.
ILLINOIS
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POLLUTION
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BOARD
NOTICE
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ADOPTED
RULES
Section
223.245
Alternative
Compliance
Plans
a)
The
purpose
of
this Section
is to
provide
an alternative
method
to comply
with the
limits
in
Section 223.205(a).
This alternative
is provided
by
allowing responsible
ACP
parties
the
option of
voluntarily
entering into
separate
ACPs for
consumer
products,
as specified
in
this
Subpart. Only
responsible
ACP
parties for
consumer
products
may enter
into
an ACP.
b)
Any
manufacturer
of
consumer
products
that has
been
granted
an ACP
Agreement
by
the CARB
under the
provisions
in 17 CCR
§
94540-94555,
incorporated
by
reference
in
Section
223.120, shall
be
exempt
from the
limits
in
Section
223.205(a)
for the
period of
time that
the CARB
ACP
Agreement
remains
in
effect,
provided
that
all ACP
products
used for
emissions
credits within
the
CARB
ACP
Agreement
are contained
in Section
223.205(a).
Any
manufacturer
claiming
such an
ACP Agreement
on
this basis
must submit
to the Agency
a
copy
of
the CARB
ACP decision
(i.e.,
the
Executive
Order),
including
all
conditions
established
by the
CARB
applicable
to the exemption.
c)
Recordkeeping
and Availability
of Requested
Information.
1)
All information
specified
in the
ACP Agreement
approving
an
ACP
shall
be
maintained
by
the
responsible
ACP
party for a
minimum
of three
years
after the
expiration
of
the ACP.
The records
shall
be
clearly legible
and
maintained
in good
condition
during
this
period.
2)
The records
specified
in
subsection
(c)(1)
shall be
made
available
to the
Agency
or its
authorized
representative
upon
request.
Section
223.250
Product
Dating
a)
Each
manufacturer
of
a
consumer
product
subject
to
Section
223.205(a)
shall
clearly
display
on each consumer
product
container
or package
the
day, month,
and
year
on
which the
product
was
manufactured,
or a
code
indicating
such
date.
b)
A
manufacturer
who uses
the following
code
to indicate
the
date
of manufacture
shall
not
be subject
to the
requirements
of
Section
223.255(a),
if the
code
is
represented
separately
from other
codes on
the product
container
so that it is
easily
recognizable:
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
YY
DDD
= year
year day
day
day
Where:
YY
= Two
digits
representing
the year in
which
the product
was
manufactured
DDD
= Three
digits representing
the day of
the year on
which the
product
was
manufactured,
with “001’
representing
the
first
day of the
year,
“002” representing
the
second
day of the
year,
and
so forth
(i.e., the “Julian
date”)
c)
This
date or
code shall
be displayed
on each
consumer
product
container
or
package
no later
than
the
effective
date of the
applicable
standard specified
in
Section 223.205(a).
d)
The
date or
date-code
information
shall be
located on
the
container
or
inside
the
cover/cap
so
that it is readily
observable
or obtainable
by
simply
removing
the
cap/cover without
ineversibly
disassembling
any part
of
the
container
or
packaging.
For
the purposes
of
this
subsection,
information
may be
displayed
on
the
bottom
of a container
as long
as
it
is
clearly
legible
without
removing
any
product
packaging.
e)
The
requirements
of this
Section shall
not apply
to products
containing
no VOMs
(as
defined
in Section
223.203),
or
containing
VOMs
at
0.10%
by weight
or
less.
Section
223.255
Additional
Product
Dating
Requirements
a)
No
person
shall erase,
alter,
deface, or
otherwise
remove or
make illegible
any
date
or code
indicating
the date
of
manufacture
from
any
regulated
product
container without
the
express authorization
of the
manufacturer.
No
manufacturer
shall
affix
a date-code
that is
not true
for the
date the
item
was manufactured.
b)
Date-code
explanations
for codes
indicating
the date
of
manufacture
are
public
information
and
may
not be
claimed
as confidential.
Section
223.260
Most
Restrictive
Limit
a)
Products
manufactured
before
July 1, 2009,
and
FIFRA-registered
insecticides
manufactured
before
July
1,
2010.
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE OF
ADOPTED
RULES
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.
b)
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
a)
In addition
to
the requirements
specified in Sections
223.250, 223.260,
and
223.270,
both the
manufacturer
and responsible party
for
each
aerosol
adhesive,
adhesive remover,
electronic cleaner,
electrical
cleaner, energized
electrical
cleaner,
and
contact
adhesive
product subject to this
Subpart shall
ensure
that
all
products clearly
display the following
information
on each product
container
manufactured
on
or after
July
1, 2009.
1)
The product category
as specified in Section
223.205(a)
or an
abbreviation
of the
category shall
be displayed.
2)
The
applicable VOM
standard for the
product
that
is specified
in Section
223
.205(a)
except for
energized electrical
cleaner, expressed
as a
percentage by
weight,
shall be displayed
unless the
product is
included
in
an
alternative control
plan approved
by the Agency,
as
provided in
Sections
223.240
and 223.245,
and the product exceeds
the applicable
VOM standard.
ILLINOIS
REGISTER
POLLUTION
CONTROL BOARD
NOTICE OF
ADOPTED
RULES
3)
If the product is
included
in
an
alternative
control plan
approved by the
Agency,
and
the product exceeds
the applicable
VOM standard specified
in Section
223.205(a),
the product
shall
be
labeled with the term
“ACP” or
“ACP product”.
4)
If
the
product
is
classified
as a special purpose
spray
adhesive, the
applicable
substrate and/or
application or
an abbreviation
of
the
substrate
and/or
application
that qualifies
the product
as special purpose
shall
be
displayed.
5)
If the
manufacturer
or responsible party uses
an
abbreviation as
allowed
by
this
Section,
an explanation
of the abbreviation
must
be
filed
with
the
Agency
before the abbreviation
is used.
b)
The information
required in
Section 223.250(a) shall
be
displayed
on
the
product
container
such that it is readily
observable without removing
or disassembling
any
portion of the
product container
or packaging. For
the
purposes
of
this
subsection,
information
may be
displayed on
the bottom of a
container
as long as
it is clearly legible
without removing
any product
packaging.
c)
No person
shall
remove, alter, conceal,
or deface
the information required
in
subsection
(a)
prior
to
final
sale
of the product.
Section 223.270
Reporting
Requirements
a)
Within
90
days
after
written
request
by the Agency,
a responsible
party
must
submit
to the
Agency
any of the following
information:
1)
The
name,
address, and
telephone number
of the responsible party
and
the
name
and telephone number
of the
party’s
designated contact
person;
2)
For
each
product subject
to Section 223.205(a):
A)
The product
brand name;
B)
The product
label;
C)
The
product
category to which
the consumer
product belongs;
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
D)
The applicable
product
forms listed
separately;
and
E)
An
identification
of the
product
as a
household
product,
institutional
product,
or both;
3)
Separate
Illinois
sales in
pounds
per
year, to
the
nearest
pound,
and
the
method
used to
calculate
Illinois sales
for each
product form;
4)
For
information
submitted
by multiple
companies,
an identification
of
each
company
that is
submitting
relevant
data
separate
from that submitted
by the
responsible
party.
All information
from
each company
shall
be
submitted
by
the date requested
by
the Agency;
5)
For
each product
brand
name
and
form, the net
percent
by
weight
of the
total
product, less
container
and packaging,
comprised
of
the following,
rounded
to the
nearest
0.1%:
A)
Total
Section
223.205(a)
compounds;
B)
Total LVP-VOMs
that
are
not fragrances;
C)
Total
all other
carbon-containing
compounds
that are
not
fragrances;
D)
Total all
non-carbon-containing
compounds;
E)
Total fragrance;
F)
For products
containing
greater
than 2%
by
weight
fragrance:
i)
The percent
of fragrance
that
is
LVP-VOMs;
and
ii)
The
percent
of fragrance
that
is all
other carbon-containing
compounds;
and
G)
Total
paradichlorobenzene;
6)
For
each
product
brand
name
and form,
the
identity,
including
the specific
chemical name
and associated
Chemical
Abstract
Services
(CAS)
number,
of the
following:
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF ADOPTED
RULES
A)
Each Section 223.205(a)
compound;
and
B)
Each LVP-VOM
that is
not a fragrance; and
7)
If the
product
includes
a propellant,
the following:
A)
The weight
percent
comprised
of propellant
for each
product;
and
B)
An
identification
of the
type of propellant,
such as Type
A,
Type
B,
Type
C, or a blend
of the different
types.
b)
In addition to the
requirements
of
subsection (a)(6), the
responsible party shall
report
or
shall
arrange
to have reported
to the Agency,
upon request,
the
net
percent by weight
of each ozone-depleting
compound
that is:
1)
Listed in Section
223.210(a);
and
2)
Contained
in
a product subject
to reporting under
subsection (a) in
any
amount greater
than
0.1% by
weight.
c)
In
addition,
all
manufacturers
must
submit to the
Agency, upon
request, the
information requested
in subsections
(a) and (b) upon
commencement of the
selling
of each
such product
in Illinois.
Section
223.275 Special Recordkeeping
Requirements
for Consumer
Products
that
Contain
Perchioroethylene
or Methylene Chloride
a)
The requirements of
this Section shall
apply to all responsible
parties
for
consumer
products that
are subject to
Section 223.205(a)
and contain
perchloroethylene
or methylene
chloride and energized
electrical
cleaners
as
defined in Section
223.203
that contain
perchioroethylene
or methylene
chloride.
For the
purposes
of
this Section,
a product “contains
perchloroethylene or
methylene chloride”
if the product
contains 1.0%
or more
by
weight (exclusive
of
the container
or
packaging)
of either
perchloroethylene
or methylene
chloride.
b)
For each consumer
product that
contains
perchioroethylene
or methylene
chloride,
within
90 days
after written
request by the Agency,
the responsible
party
shall
report the
following information
for products
sold in Illinois:
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
1)
The product
brand
name
and
a
copy
of the
product
label with
legible
usage
instructions;
2)
The
product
category
to
which
the consumer
product
belongs;
3)
The
applicable
product
forms (listed
separately);
4)
For
each product
form listed
in
subsection
(b)(3),
the
total sales
in
Illinois
during
the
calendar
year
to the
nearest
pound
(exclusive
of
the
container
or
packaging),
and
the
method
used
for calculating
the
Illinois
sales; and
5)
The
weight
percent,
to
the
nearest
0.1%,
of
perchioroethylene
and
methylene
chloride
in
the consumer
product.
Section
223.280
Calculating Illinois
Sales
If direct
sales
data
for Illinois
are
not
available,
sales
may be
estimated
by
prorating
national
or
regional
sales
data
by population.
Section
223.285
Test
Methods
a)
Testing
to
determine
compliance
with
the requirements
of this
Subpart
shall
be
performed
using
CARB
Method
310,
Determination
of
Volatile
Organic
Materials
(VOM)
in
Consumer
Products,
which is
incorporated
by reference
in
Section
223.
120.
b)
Compliance
with
the
requirements
of
this
Subpart
may
also
be
demonstrated
through
calculation
of the
VOM
content
from
records
of the
amounts
of
constituents
used
to
make
the
product
pursuant
to the
following
criteria:
1)
Accurate
manufacturing
records
shall
be kept
for
each
day
of
production
of the
amount
and
chemical
composition
of
the
individual
product
constituents;
2)
Records
required
by
subsection
(b)(1)
shall
be
kept
for at least
three
years;
3)
For
subsection
(b)(4),
the
following
shall
apply:
A)
“A”
means
the
total
net
weight
of
unit
excluding
container
and
packaging;
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE OF ADOPTED
RULES
B)
“B’ means the total
weight
of
all VOMs per unit;
and
C)
“C”
means
the total weight of
all
exempted
VOMs
per
unit;
4)
For the
purposes
of this Section, the VOM
content
shall be
calculated
by
subtracting
the total
weight
of VOMs
exempted
under Section
223.230
per
unit from the total
weight of all VOMs
per unit, divided
by
the total net
weight
of
unit excluding
container
and
packaging
and the
product,
multiplied by 100
as in the
formula
below:
VOM
Content
= B
C
X
100
A
5)
If product
records appear
to demonstrate
compliance with
the
VOM
limits,
but these
records
are
contradicted
by
product
testing
performed
using
CARB
Method 310, the
results
of CARB
Method 310 shall
take
precedence
over
the
product records and
may be used
to
establish
a
violation
of the requirements
of this Subpart.
c)
Testing
to
determine whether a
product
is a liquid
or solid shall
be
performed
using
ASTM
D4359-90,
which
is incorporated
by
reference
in
Section
223.120,
or
an equivalent
method approved
by the
CARB.
d)
Testing to
determine compliance
with
the certification
requirements
for charcoal
lighter
material
shall be
performed
using the procedures
specified
in
the
SCAQMD
Test Protocol Rule 1174,
Ignition
Method Compliance
Certification
Protocol,
which is
incorporated
by reference in
Section 223.120.
e)
Testing
to
determine
distillation
points of petroleum
distillate-based
charcoal
lighter
materials
shall be performed
using ASTM
D86-07b, which
is
incorporated
by
reference
in Section 223.120,
or
an
equivalent
method approved
by
the CARB.
f)
No person
shall
create, alter,
falsify,
or otherwise
modify records
in
such a way
that
the records do
not
accurately reflect the
constituents used
to
manufacture
a
product, the
chemical composition
of the
individual
product,
and any
other test,
processes,
or records used
in connection
with product manufacture.
SUBPART
C:
ARCHITECTURAL
AND
INDUSTRIAL
MAINTENANCE
COATINGS
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF ADOPTED
RULES
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:
a)
Any architectural
coating that
is sold
or
manufactured for use
outside of the
State
of
Illinois or for shipment
to other manufacturers
for
reformulation
or
repackaging.
b)
Any aerosol
coating product.
c)
Any architectural
coating that
is sold in
a container with a volume
of one liter
(1.057
quart) or
less.
Section
223.307
Definitions
for
Subpart
C
The definitions contained
in this
Section
apply only to the provisions
of
this Subpart.
Unless
otherwise defined in
this Section, the definitions
of terms
used in this Subpart
shall have the
meanings specified
for those terms
in
35
Ill.
Adm. Code 211.
“Adhesive”
means any
chemical substance that
is applied
for the purpose of
bonding
two surfaces together
other than
by mechanical means.
“Aerosol Coating
Product”
means a pressurized
coating
product
containing
pigments
or
resins that
dispenses
product
ingredients
by
means
of a
propellant,
and is packaged in
a disposable
can for hand-held
application
or for
use in
specialized
equipment
for ground
traffic/marking
applications.
ILLINOIS REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF ADOPTED
RULES
“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.
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
“Calcamine
Recoaters”
means
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,
seaTers,
and stains.
“Colorant”
means
a
concentrated
pigment
dispersion
in
water,
solvent,
andlor
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.
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
“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
303-9 1
(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
El 19-98,
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
D523-89 (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.
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
“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);
ILLINOIS
REGISTER
POLLUTION
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NOTICE
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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
(0.0 10 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
3 18-95,
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 CARB.
“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,
incorporated
by
reference
into Section 223.120,
or an equivalent
method
approved
by
the
CARB.
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
“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
D3912-
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
conosion
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
ILLINOIS
REGISTER
POLLUTION
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BOARD
NOTICE
OF
ADOPTED
RULES
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.
ILLINOIS REGISTER
POLLUTION
CONTROL BOARD
NOTICE
OF ADOPTED RULES
“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).
ILLINOIS
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NOTICE OF ADOPTED
RULES
“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
USEPA under the Federal Insecticide,
Fungicide, and Rodenticide
Act (7 USC 136 et seq.).
Section
223.310 Standards
ILLINOIS REGISTER
POLLUTION
CONTROL
BOARD
NOTICE OF ADOPTED
RULES
a)
VOM Content
Limits: Except
as
provided
in
subsection (c), no
person
shall
manufacture,
blend, or repackage
for
sale
within
Illinois, supply,
sell, or offer for
sale
within
Illinois, or
solicit for application
or apply within
Illinois,
any
architectural
coating manufactured
on or
after July 1, 2009
that
contains a VOM
content
in excess of the
conesponding
limit specified
below:
VOM Content
Limit
Grams/Liter
Coating Category
(Pounds/Gallon)
1)
Flat
Coatings
100
(0.8)
2)
Non-Flat
Coatings
150
(1.3)
3)
Non-Flat
High-Gloss
Coatings
250
(2.1)
Specialty Coatings
4)
Antenna
Coatings
530
(4.4)
5)
Antifouling
Coatings
400
(3.3)
6)
Bituminous
Roof
Coatings
300
(2.5)
7)
Bituminous
Roof Primers
350
(2.9)
8)
Bond
Breakers
350
(2.9)
9)
Calcamine
Recoaters
475
(4.0)
10)
Clear
Wood Coatings
A)
Clear Brushing
Lacquers
680
(5.7)
B)
Lacquers
(including
lacquer
sanding sealers)
550
(4.6)
C)
Sanding Sealers
(other
than
lacquer sanding sealers)
350
(2.9)
D)
Varnishes
350
(2.9)
ILLINOIS
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RULES
11)
Concrete
Curing
Compounds
350
(2.9)
Concrete Surface Retarder
780
(6.5)
12)
Conversion Varnish
725
(6.0)
13)
Dry
Fog
Coatings
400
(3.3)
14)
Faux Finishing
Coatings
350
(2.9)
15)
Fire-Resistive
Coatings
350
(2.9)
16)
Fire-Retardant
Coatings
A)
Clear
650
(5.4)
B)
Opaque
350
(2.9)
17)
Floor Coatings
250
(2.1)
18)
Flow Coatings
420
(3.5)
19)
Form-Release
Compounds
250
(2.1)
20)
Graphic
Arts Coatings
(Sign Paints)
500
(4.2)
21)
High-Temperature
Coatings
420
(3.5)
22)
Impacted
Immersion
Coating
780
(6.5)
23)
Industrial
Maintenance
Coatings
340
(2.8)
24)
Low-Solids
Coatings
120
(1.0)
25)
Magnesite
Cement
Coatings
450
(3.8)
26)
Mastic
Texture
Coatings
300
(2.5)
27)
Metallic
Pigmented
Coatings
500
(4.2)
ILLINOIS REGISTER
POLLUTION
CONTROL BOARD
NOTICE OF
ADOPTED
RULES
28)
Multi-Color Coatings
250
(2.1)
29)
Nuclear
Coating
450
(3.8)
30)
Pre-Treatment
Wash Primers
420
(3.5)
31)
Primers,
Sealers, and Undercoaters
200
(1.7)
32)
Quick-Dry
Enamels
250
(2.1)
33)
Quick-Dry
Primers, Sealers
and Undercoaters
200
(1.7)
34)
Recycled
Coatings
250
(2.1)
35)
Roof
Coatings
250
(2.1)
36)
Rust
Preventive
Coatings
400
(3.3)
37)
Shellacs
A)
Clear
730
(6.1)
B)
Opaque
550
(4.6)
38)
Specialty
Primers, Sealers,
and
Undercoaters
350
(2.9)
39)
Stains
250
(2.1)
40)
Stone
Consolidants
450
(3.8)
41)
Swimming
Pool
Coatings
340
(2.8)
42)
Swimming Pool Repair
and Maintenance
Coatings
340
(2.8)
43)
Temperature-Indicator
Safety Coatings
550
(4.6)
44)
Thermoplastic Rubber
Coatings and
Mastics
550
(4.6)
45)
Traffic
Marking Coatings
150
(1.3)
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
46)
Waterproofing
Concrete/Masonry
Sealers
400
(3.3)
47)
Waterproofing
Sealers
250
(2.1)
48)
Wood
Preservatives
350
(2.9)
BOARD
NOTE:
Conversion
factor: one
pound VOM
per gallon
(U.S.)
= 119.95
grams
per
liter.
b)
Limits are
expressed
in grams
of VOM
per
liter
of coating
thinned
to
the
manufacturer’s
maximum
recommendation,
excluding
the
volume
of any
water,
exempt compounds,
or colorant
added
to
tint
bases.
“Manufacturers
maximum
recommendation”
means the
maximum
recommendation
for
thinning that
is
indicated
on the
label or lid
of
the coating
container.
c)
Most
Restrictive
VOM
Limit.
If anywhere
on the
container
of
any
architectural
coating,
or any label
or sticker
affixed to
the container,
or in
any sales,
advertising,
or technical
literature
supplied
by a
manufacturer
or
anyone
acting on
the
manufacturer’s
behalf, any
representation
is made
that
indicates
that
the
coating
meets
the
definition
of
or is recommended
for use
for more
than
one of
the coating
categories
listed
in subsection
(a), then
the most restrictive
VOM
content limit
shall
apply.
This
provision
does not
apply
to the
coating
categories
specified
in subsections
(c)(1)
through
(c)(21):
1)
Lacquer
coatings
(including
lacquer
sanding
sealers);
2)
Metallic pigmented
coatings;
3)
Shellacs;
4)
Fire-retardant
coatings;
5)
Pretreatment
wash primers;
6)
Industrial
maintenance
coatings;
7)
Low-solids
coatings;
8)
Wood
preservatives;
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
9)
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;
16)
Conversion
varnish;
17)
Calcimine
recoaters;
18)
Impacted
immersion
coatings;
19)
Nuclear coatings;
20)
Thermoplastic
rubber
coating and
mastics;
21)
Concrete
surface
retarder.
d)
Painting
Practices.
All architectural
coating
containers
used
to apply their
contents
to a surface
directly
from
the container
by pouring,
siphoning,
brushing,
rolling,
padding,
ragging, or
other means
shall be
closed
when
not in use.
These
architectural
coatings
containers
include,
but are
not
limited
to, drums,
buckets,
cans,
pails,
trays,
or other application
containers.
Containers
of any VOM
containing
materials
used
for
thinning
and cleanup
shall
also
be closed
when
not
in
use.
e)
Thinning.
No
person
who applies
or solicits
the
application
of any
architectural
coating
shall apply
a coating
that is thinned
to exceed
the
applicable
VOM
limit
specified
in subsection
(a).
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
f)
Rust
Preventive
Coatings.
No
person
shall
apply or
solicit
the application
of
any
rust
preventive
coating
for
industrial
use unless
the
rust
preventive
coating
complies with
the industrial
maintenance
coating
VOM
limit specified
in
subsection
(a). If the
coating is
also
regulated
under
another
Part, the
more
restrictive
limit
shall
apply.
g)
Coatings
Not
Listed
in
Subsection
(a).
For any coating
that does
not meet
any of
the
definitions
for the
specialty
coatings categories
listed
in subsection
(a),
the
VOM
content limit
shall be
determined
by classifying
the
coating
as a flat
coating,
a non-flat
coating,
or a
non-flat high-gloss
coating,
based
on its gloss,
as
defined
in Section
223.307,
and the corresponding
flat or non-flat
coating
limit
shall
apply.
Section
223.320
Container
Labeling
Requirements
Each manufacturer
of any
architectural
coatings
subject
to this
Subpart
shall display
the
information
listed
in
subsections
(a) through
(j)
on the
coating container
in
which
the coating
is
sold or distributed
(or on
its label).
a)
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.
b)
Thinning
Recommendations.
A statement
of the
manufacturers
recommendation
regarding
thinning
of the coating
shall be
indicated
on the
label
or lid of the
container.
This requirement
does
not
apply
to the
thinning
of architectural
coatings
with water.
If thinning
of the coating
prior
to
use is not
necessary,
the
recommendation
must specify
that
the coating
is to
be
applied without
thinning.
c)
VOM or
VOC Content.
Each
container
of any coating
subject
to this Subpart
shall
display
either
the
maximum
or the
actual VOM
content of
the coating,
as
supplied,
or the actual
VOM
content including
the
maximum
thinning as
recommended
by
the manufacturer.
VOM content
shall be
displayed
in grams of
VOM
per liter
of coating.
VOM
content
displayed
shall
be calculated
using
product
formulation
data,
or shall be
determined
using the
test methods
in Section
223.340(b).
The
equations
in
Section 223.340(a)
shall be
used
to calculate
VOM
content.
In each
of the above
cases, the
term “VOC
content”
shall have
the same
meaning
as “VOM
content”.
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
d)
Industrial
Maintenance
Coatings.
In addition
to
the
information
specified
in
subsections
(a),
(b), and (c),
each manufacturer
of any industrial
maintenance
coating
subject
to this Subpart
shall
display on
the label
or the
lid of
the container
in
which
the coating
is
sold or
distributed
one
or more
of
the
following
descriptions:
1)
“For industrial
use only”;
2)
“For professional
use
only”;
3)
“Not
for residential
use”
or
“Not intended
for
residential
use”.
e)
Clear
Brushing
Lacquers.
The
labels
of all
clear brushing
lacquers
shall
prominently
display the
statements
“For brush
application
only” and
“This
product
must
not be
thinned or
sprayed”.
f)
Rust
Preventive
Coatings.
The
labels
of all
rust
preventive
coatings
shall
prominently
display the
statement
“For Metal
Substrates
Only”.
g)
Specialty
Primers,
Sealers,
and Undercoaters.
The labels
of
all
specialty
primers,
sealers,
and undercoaters
shall
prominently
display
one
or
more of
the following
descriptions:
1)
“For
blocking
stains”;
2)
“For
fire-damaged
substrates”;
3)
“For
smoke-damaged
substrates”;
4)
“For
water-damaged
substrates”;
5)
“For
excessively
chalky substrates”.
h)
Quick-Dry
Enamels.
The
labels
of all quick
dry enamels
shall prominently
display
the
words “Quick
Dry”
and the dry
hard time.
i)
Non-Flat
High-Gloss
Coatings.
The labels
of all non-flat
high-gloss
coatings
shall
prominently
display the
words “High
Gloss.”
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
j)
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
a)
Clear
Brushing
Lacquers. Within
90 days
after
written
request
by the
Agency,
each
manufacturer
of clear
brushing
lacquers
shall
report
the
following
information
for products
sold in
Illinois:
1)
The
number
of gallons
of
clear
brushing
lacquers
sold
in the
State
during
the
preceding
calendar
year;
and
2)
The
method
used
by the
manufacturer
to
calculate
State
sales.
b)
Rust
Preventive
Coatings.
Within
90
days
after
written
request
by
the
agency,
each
manufacturer
of rust
preventive
coatings
shall report
the
following
information
for
products
sold
in
Illinois:
1)
The
number
of
gallons
of
rust preventive
coatings
sold
in the
State during
the
preceding
calendar
year;
and
2)
The
method
used
by the
manufacturer
to
calculate
State
sales.
c)
Specialty
Primers,
Sealers,
and
Undercoaters.
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:
1)
The
number
of gallons
of
specialty
primers,
sealers,
and
undercoaters
sold
in
the State
during
the
preceding
calendar
year;
and
2)
The
method
used
by the
manufacturer
to
calculate
State
sales.
d)
Toxic
Exempt
Compounds.
For
each
architectural
coating
that contains
perchloroethylene
or
methylene
chloride,
within
90
days
after written
request
by
the
Agency,
the
manufacturer
shall
report
the
following
information for products
sold in
Illinois:
1)
The
product
brand
name
and
a copy
of the
product
label with
legible
usage
instructions;
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
2)
The
product
category
listed
in Section
223.310(a)
to which
the
coating
belongs;
3)
The
total sales
in
Illinois,
during the
calendar
year,
to the
nearest
gallon;
and
4)
The volume
percent,
to
the nearest
0.10
percent,
of perchloroethylene
and
methylene
chloride
in the
coating.
e)
Recycled
Coatings.
1)
Within
90 days after
written
request
by the
Agency,
manufacturers
of
recycled coatings
must
submit a
letter
to the
Agency
self-certifying
their
status
as
a Recycled
Paint
Manufacturer.
2)
Within
90
days after
written
request
by the
Agency,
each recycled
coatings manufacturer
shall report
the following
information
for
products
sold
in Illinois:
A)
The
number
of
gallons of
recycled
coatings
sold
in the
State during
the
preceding
calendar year;
and
B)
The
method used
by the
manufacturer
to
calculate
State
sales.
f)
Bituminous
Coatings.
Within
90 days
after written
request by
the Agency,
each
manufacturer
of
bituminous
roof
coatings
or bituminous
roof primers
shall report
the
following
information
for
products
sold in Illinois:
1)
The number
of gallons
of bituminous
roof
coatings or
bituminous
roof
primers
sold in the
State during
the preceding
calendar
year; and
2)
The method
used
by
the manufacturer
to
calculate State
sales.
Section
223.340
Compliance
Provisions
and
Test Methods
a)
Calculation
of VOM
Content.
For the
purpose
of
determining
compliance
with
the
VOM content
limits
in Section
223.310(a),
the VOM
content of
a coating
shall
be
determined
by
using
the procedures
described
in subsection
(a)(1) or
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF
ADOPTED
RULES
(a)(2),
as
appropriate.
The
VOM
content
of a tint
base shall
be determined
without
colorant that
is added
after the
tint
base
is
manufactured.
1)
With
the exception
of
low
solids
coatings,
determine
the VOM
content
in
grams of
VOM per
liter
of coating
thinned
to the
manufacturer’s
maximum
recommendation,
excluding
the volume
of any water
and exempt
compounds.
Determine
the VOM
content
as follows:
(Ws
-Ww-Wem)
VOMcontents
=
(Vm -Vw-Vem)
Where:
VOM
content
= grams
of VOM
per liter
of coating
Ws
= weight
of volatiles,
in
grams
Ww
= weight
of water,
in grams
Wem
= weight
of exempt
materials,
in grams
Vm
= volume
of coating,
in liters
Vw
=
volume
of water,
in liters
Vem
= volume
of exempt
materials,
in liters
2)
For low
solids
coatings,
determine
the
VOM
content
in
units
of grams
of
VOM
per liter of
coating
thinned
to the
manufacturer’s
maximum
recommendation,
including
the
volume
of any
water
and
exempt
compounds.
Determine
the
VOM content
as
follows:
/
(Ws-Ww-Wem)
VOMcontent1s)
=
(Vm)
Where:
VOM
content
= the
VOM content
of a
low
solids
coating
in grams
per
liter of
coating
Ws
= weight
of volatiles,
in
grams
Ww
= weight
of
water, in grams
Wem
= weight
of exempt
materials,
in grams
Vm
= volume
of
coating, in
liters
b)
VOM Content
of Coatings.
To
determine
the physical
properties
of a coating
in
order
to perform
the
calculations
in subsection
(a),
the
reference
method
for VOM
content is
USEPA Method
24,
incorporated
by
reference
in Section
223.120,
ILLINOIS
REGISTER
POLLUTION
CONTROL
BOARD
NOTICE
OF ADOPTED
RULES
except as provided
in Sections 223.350
and 223.360.
An alternative method
to
determine the
VOM content of coatings
is SCAQMD
Method
304-9 1,
incorporated
by
reference
in Section
223.120.
The exempt compounds
content
shall be determined
by SCAQMD
Method 303-9
1, 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
determining compliance
with Section 223.340(b),
after review
and approval
in writing by the
Agency
and USEPA, may
also
be used.
Section 223.360
Methacrylate Traffic
Coating Markings
Analysis
of methacrylate
multi-component
coatings used as
traffic marking
coatings
shall
be
conducted according
to a modification of USEPA
Method
24, incorporated
by
reference in
Section
223.120, or an equivalent
method approved
by the CARB.
This
method has
not
been
approved
for methacrylate
multi-component
coatings
used
for purposes other
than as
traffic
marking
coatings or for
other
classes of multi-component
coatings.
Section 223.370
Test
Methods
The
following
test
methods are
incorporated
by reference in
Section 223.120
and shall be used
to
test coatings subject
to the provisions of this
Subpart:
a)
Flame
Spread
Index. The
flame spread index
of
a fire-retardant
coating shall
be
determined
by
ASTM E84-07,
Standard
Test Method for
Surface Burning
Characteristics
of
Building
Materials (see
Section 223.307,
Fire-Retardant
Coating),
or
an
equivalent
method approved
by the CARB.
b)
Fire-Resistance
Rating.
The
fire-resistance
rating
of a fire-resistive coating
shall
be determined
by
ASTM
El 19-05 a,
Standard Test Methods
for Fire
Tests of
ILLINOIS
REGISTER
POLLUTION CONTROL BOARD
NOTICE
OF ADOPTED RULES
Building Construction
Materials (see Section 223.307,
Fire-Resistive Coating),
or
an equivalent method
approved by the CARB.
c)
Gloss Determination. The gloss of
a
coating
shall be determined by ASTM
D523-89, Standard
Test Method for Specular Gloss
(see Section 223.307, Flat
Coating, Non-Flat Coating, Non-Flat
High-Gloss Coating, and Quick-Dry
Enamel), or
an
equivalent
method approved
by
the
CARB.
d)
Metal Content of Coatings. The metallic content
of a coating shall be determined
by
SCAQMD Method
318-95, Determination of Weight Percent
Elemental Metal
in Coatings by X-Ray Diffraction, SCAQMD
Laboratory Methods of Analysis
for
Enforcement Samples
(see Section 223.307, Metallic Pigmented
Coating).
e)
Acid Content of
Coatings. The acid content of a coating
shall be determined by
ASTM D1613-03, Standard Test Method
for Acidity in Volatile Solvents and
Chemical Intermediates
Used in Paint, Varnish, Lacquer and
Related Products
(see Section 223.307, Pre-Treatment Wash
Primer), or an equivalent method
approved by the CARB.
f)
Drying Times. The
set-to-touch, dry-hard, dry-to-touch and dry-to-recoat
times
of a coating shall be determined by ASTM D1640-03,
Standard Methods for
Drying, Curing, or Film
Formation of Organic Coatings at Room
Temperature
(see Section 223.307, Quick-Dry Enamel and Quick-Dry
Primer, Sealer, and
Undercoater). The
tack free time of a quick-dry enamel coating shall
be
determined by the Mechanical Test Method of
ASTM D1640-03, or an equivalent
method approved
by
the
CARB.
g)
Surface Chalkiness.
The chalkiness of a surface shall be determined using
ASTM
D4214-98, Standard Test Methods for Evaluating
the Degree of Chalking of
Exterior Paint Films
(see Section 223.307, Specialty Primer,
Sealer, and
Undercoater), or an equivalent
method
approved
by the CARB.
h)
Exempt Compounds — Siloxanes.
Exempt compounds that are cyclic, branched,
or linear, completely methylated siloxanes shall
be analyzed as exempt
compounds for compliance with Section 223.340 by BAAQMD
Method 43,
Determination of Volatile Methylsiloxanes in Solvent-Based
Coatings, Inks, and
Related Materials, BAAQMD Manual of Procedures, Volume
III (see Section
223.307, VOM Content,
and Section 223.340(b)).
ILLINOIS
REGISTER
POLLUTION
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NOTICE
OF ADOPTED
RULES
i)
Exempt
Compounds
— Parachlorobenzotrifluoride
(PCBTF).
The
exempt
compound
parachlorobenzotrifluoride
shall be analyzed
as an
exempt
compound
for compliance
with Section 223.340
by BAAQMD
Method 41, Determination
of
Volatile
Organic Compounds
in Solvent-Based
Coatings and
Related
Materials
Containing
Parachlorobenzotrifluoride,
BAAQMD
Manual
of
Procedures,
Volume
III
(see
Section 223.307,
VOM
Content, and Section
223.340(b)).
j)
Exempt
Compounds. The
content
of compounds
exempt under
USEPA Method
24
shall be analyzed by
SCAQMD Method
303-91, Determination
of
Exempt
Compounds,
SCAQMD Laboratory
Methods
of Analysis for Enforcement
Samples
(see Section 223.307,
VOM
Content, and Section
223.340(b)).
k)
VOM
Content of Coatings.
The VOM
content of a coating
shall be
determined
by USEPA
Method 24
as
it
exists in Appendix
A of 40 CFR
60,
Determination
of
Volatile
Matter Content,
Water Content, Density,
Volume
Solids, and
Weight
Solids
of Surface
Coatings
(see Section
223.340(b)), or an equivalent
method
approved
by
the CARB.
1)
Alternative
VOM Content
of Coatings. The
VOM
content
of
coatings
may
be
analyzed
by
either USEPA
Method 24
or
SCAQMD Method 304-91,
Determination
of
Volatile
Organic Compounds
(VOC)
in
Various
Materials,
SCAQMD
Laboratory Methods
of
Analysis
for Enforcement
Samples (see
Section
223.340(b)).
m)
Methacrylate
Traffic Marking
Coatings. The
VOM
content
of
methacrylate
muticomponent
coatings used
as traffic
marking coatings shall
be
analyzed
by the
procedures
in 40
CFR
59,
subpart D, appendix
A, Determination
of
Volatile
Matter
Content of
Methacrylate
Multicomponent
Coatings
Used as
Traffic
Marking
Coatings (see
Section 223.360), or
an
equivalent
method
approved
by
the
CARB.
