R08-17 (Rulemaking

- Air) 

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARDIEPA ATTACHMENT No.1 

# R

IN THE MATTER OF: ) )

PROPOSED NEW 35 ILL. ADM. CODE )

PART 223 STANDARDS AND )

LIMITATIONS FOR ORGANIC )

MA TERlAL EMISSIONS FOR AREA )

SOURCES )

NOTICE OF FILING

TO: John Therriault

Assistant Clerk of the Board

Illinois Pollution Control Board

100 West Randolph

Suite 11-500 Chicago, Illinois 60601
(VIA ELECTRONIC MAIL) Timothy J. Fox, Esq. Hearing Officer

Illinois Pollution Control Board

100 West Randolph Street

Suite 11-500 Chicago, Illinois 60601
(VIA U.S. MAIL)

(SEE PERSONS ON ATTACHED SERVICE LIST)

PLEASE TAKE NOTICE that I have today filed with the Office of the Clerk of

the Illinois Pollution Control Board an ENTRY OF APPEARANCE OF ALEC M.

DAVIS and ILLINOIS ENVIRONMENTAL REGULATORY GROUP'S

RESPONSE TO ILLINOIS ENVIRONMENTAL PROTECTION AGENCY'S

POST-HEARING COMMENTS on behalf of the Illinois Environmental Regulatory Group, copies of which are herewith served upon you.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

REGULATORY GROUP,

Dated: July 25,2008

Katherine D. Hodge

Monica T. Rios

Lauren C. Lurkins

HODGE DWYER ZEMAN

3150 Roland Avenue

Post Office Box 5776 Springfield, Illinois 62705-5776
(217) 523-4900 By: /s/ Katherine D.**Hod~** One of Its Attorneys

Alec M. Davis

General Counsel

Illinois Environmental Regulatory Group

215 East Adams St. Springfield, Illinois 62701
(217) 522-5512

THIS FILING SUBMITTED ON RECYCLED PAPER

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: ) )

PROPOSED NEW 35 ILL. ADM. CODE )

PART 223 STANDARDS AND )

LIMITATIONS FOR ORGANIC )

MA TERlAL EMISSIONS FOR AREA )

SOURCES ) R08-17 (Rulemaking

- Air)

ENTRY OF APPEARANCE OF ALEC M. DAVIS

I, Alec M. Davis, hereby enter my appearance in this matter on behalf of the

\

Illinois Environmental Regulatory Group.

Respectfully submitted,

By: /s/ Alec M. Davis

Alec M. Davis

Dated: July 25, 2008

Alec M. Davis

General Counsel

IIlinois Environmental Regulatory Group

215 East Adams St. Springfield, Illinois 6270 I (217) 522-5512

IERG:OOI/ Filings/ EOA

- AMC

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: ) )

PROPOSED NEW 35 ILL. ADM. CODE )

PART 223 STANDARDS AND )

LIMIT A TrONS FOR ORGANIC )

MATERIAL EMISSIONS FOR AREA )

SOURCES ) R08-17 (Rulemaking

- Air)

ILLINOIS ENVIRONMENTAL REGULATORY

GROUP'S RESPONSE TO ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY'S POST-HEARING COMMENTS

NOW COMES the ILLINOIS ENVIRONMENTAL REGULATORY GROUP

("IERG"), by one of its attorneys, and hereby submits its response to the IIIinois

Environmental Protection Agency's ("IIIinois EPA") Post-Hearing Comments in the

above-captioned rulemaking proceeding.

I. BACKGROUND

1. In this proceeding, the IIIinois EPA has proposed regulations for consumer

and commercial products beyond the scope of the national rule promulgated on

September 11, 1998, and codified at 40 C.F .R. Part 59, Subpart C. The Illinois EPA

stated in its "Technical Support Document for Control of Volatile Organic Material

Emissions from Consumer and Commercial Products, Architectural and Industrial

Maintenance Coatings, and Aerosol Coatings" ("TSD"), dated November 2007, that these

proposed regulations are necessary to"

... attain the 8 hour ozone NAAQS by 2010

... "

and that such regulations wilI "

... reduce VOM emissions from the source category by

14.2% beyond

... " the national rule. See TSD at 5 and 17.

2. It appears that the IIIinois EPA believes that both the economic and

teclmical foundation for its proposed rule and the formulation ofthe rule itself is derived

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from the 2006 version of the Ozone Transport Commission Model Rule ("OTC 2006").

However, the documents submitted by the Illinois EPA in support of its proposal in this

proceeding, which are listed in "Attachment A - Documents Relied Upon" ("Attachment

A") to the Regulatory Proposal filed on January 2,2008, do not provide the economic

and technical justification to support adoption of OTC 2006. Instead, Attachment A lists

documents that were prepared to support adoption of the 2001 version of the OTC Model

Rule ("OTC 2001"). OTC 2006 includes certain additional categories to, and changes in

exemptions from OTC 2001. See Exhibit 3, admitted at the June 4, 2008 hearing.

3. The United States Environmental Protection Agency ("US EPA") is

cuo'ently developing a proposal to amend its own consumer and commercial products

rule that is located at 40 C.F.R. Part 59, Subpart C, as noted above. The Illinois EPA has

indicated that, once the USEP A proposes its consumer products rule, the Illinois EPA

would review and likely defer to the USEPA rule. April 30, 2008 Hearing Transcript at

11-12.

4. IERG understands that the USEPA's efforts to propose its consumer

products rule have been delayed because the USEP A "continues to struggle with its

assessment of the cost impacts" associated with celtain additional categories to be added

to the federal rule. See June 20, 2008, e-mail from Mr. Bruce Moore, the Consumer and

Commercial Products Sector Team Leader at the Office of Air Quality Planning and

Standards of the USEP A, to Lauren Lurkins, regarding the status of the USEP A' s

consumer products proposed rule. See Exhibit 1 attached hereto. (IERG assumes these

additional categories are the new categories added in OTC 2006.) In his e-mail.Mr.

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Moore also stated that the USEPA plans to propose its consumer products amendments in

late summer or early fall of2008, with promulgation following in spring of 2009. Id.

II. THE ILLINOIS EPA'S PROPOSAL

5. As noted above, the Illinois EPA has stated that it based the consumer

products rule proposed in this proceeding upon the aTe Model Rule. April 30,2008

Hearing Transcript at 11-12. However, notwithstanding the Illinois EPA's testimony at

the two hearings held in this proceeding and its Post-Hearing Comments, there continues

to be considerable confusion as to which version of the 

### aTe Model Rule the Illinois EPA

relied upon as its basis.

6. The Illinois EPA cited aTe 200 I at Reference 16 in TSD and in

Attachment A of its Regulatory Proposal. At the June 4, 2008 Hearing (hereafter

"Hearing"), in an effort to better understand the complete basis for the Illinois EPA's

proposed rule, IERG offered a redlined copy of aTe 2006, showing changes made

between 

### aTe 2001 and aTe 2006. See Exhibit 3. Neither Exhibit 3, nor any version of



### aTe 2006, however, was included by the Illinois EPA as a reference in its TSD or in

Attachment A.

7. The Illinois EPA's public statements prompt confusion regarding the basis

for its proposed rule:

• At Hearing, the Illinois EPA stated "neither rule was the sole basis

for our rule," which IERG would interpret to mean that neither

aTe 2001 nor aTe 2006 was solely relied upon by the Illinois

EPA in drafting its proposal. Hearing Transcript at 14.

• The Illinois EPA also repeatedly stated that when it began drafting

its proposed rule, it used aTe 2001 as its basis. Id. at 12.

• The Illinois EPA stated that while the current text of its proposal

"is probably closer to the 2006 and its limits," "a lot of the

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technical support might have come from earlier, and I believe that

there wasn't much updating to that technical support for the 2006 ruling." Hearing Transcript at 12-13.

• The Illinois EPA, however, then admitted that there were "significant changes" made between aTe 2001 and aTe 2006.

Id. at 18.

• Thereafter, in its Post-Hearing Comments, the Illinois EPA stated

that "[i]t should be noted, as it was a number oftimes at the public hearing, that the proposed regulation was not in fact based on the

2001 aTC Model Rule. The 2006 aTC Model Rule was used as a

resource, in addition to input from affected industries

... " Illinois

EPA Post-Hearing Comments at 3 and 4.

8. The Illinois EPA's Post Hearing comment stating that aTC 2001 was not

used as a basis for the proposed rule and aTC 2006 was used as a resource for

developing the proposed rule contradicts the documentation submitted by the Illinois

EPA, as well as testimony of the Illinois EPA at Hearing, wherein, as detailed above, the

Illinois EPA stated that aTC 2001 and aTC 2006, combined, were used as the basis for

its proposed rule.

9. As discussed in more detail below, IERG has conducted a thorough review

of the sources cited by the Illinois EPA as a basis for its proposed rule, and has concluded

that the Illinois EPA relied upon emission reduction estimates and economic impact

information developed for aTC 2001 but structured the rule to conform most closely to

the more restrictive provisions of aTe 2006.

III. DISCUSSION

A. The Illinois EPA has Proposed a Rule Consistent with OTC 2006,
yet Relied on OTC 2001 for its Technical Support

10. In the Introduction to its TSD, the Illinois EPA stated that the emissions

reductions from its proposed rule will help Illinois attain the 8 hour NAAQS by 20 1 O.

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TSD at 5. The TSD further stated in Section 2.7 that such emission reductions will

amount to 14.2% for the consumer and commercial products rule beyond those achieved

by the federal rule. rd. at 29.

1 I. The Illinois EPA confinned that the 14.2% reduction from the consumer

and commercial products rule was used in its recent attainment demonstration. Illinois

EPA Post-Hearing Comments**at~** 1.

12. In its TSD and Attachment A, the Illinois EPA stated that, in drafting its

proposed rule, it relied on MACTEC's "Interim White Paper

- Midwest RPO Candidate

Control Measures" for the source category of "Consumer and Commercial Products"

("MACTEC White Paper"). TSD at Reference 3; Attachment A at Reference 3. In

particular, the MACTEC White Paper was cited by the Illinois EPA as the basis for the

14.2% reduction in volatile organic material ("VOM") emissions that will result from

implementing the OTC Model Rule.

13. The MACTEC White Paper provided that "[a]Il products manufactured for

sale or use within an OTC State after January 1,2005 would need to comply with the

VOC content limits in the OTC Model Rule." MACTEC White Paper at 3. This

statement indicates that OTC 200 I was the basis for the MACTEC White Paper that the

Illinois EPA relied upon in drafting its proposal. OTC 2006 could not set a compliance

date of January 1,2005, because it was not finalized until September 13,2006. Instead,

OTC 2001 had a compliance date of January 1,2005. See Exhibit 3.

14. In its Post-Hearing Comments, the Illinois EPA attached an updated

version of the MACTEC White Paper, dated March 10, 2006, and noted in paragraph 4 of

its Post-Hearing Comments that it (the updated MACTEC White Paper) "is essentially

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unchanged in any way pertaining to the questions posed at hearings. The estimated

reductions for the aTC model rule for consumer products remain 14.2% beyond existing

federal rules, and include the additional categories in the 2006 aTC model rule. It should

be noted, as it was a number of times at the public hearing, that the proposed regulation

was not in fact based on the 2001 aTC Model Rule." Illinois EPA Post-Hearing

Comments at 4. This statement is incorrect. First, the Illinois EPA affirmed the 14.2%

reduction that originated in the technical information prepared in support of aTC 2001.

The Illinois EPA, however, stated in its next sentence that its proposed regulation was not

based on aTC 2001. The fonnulation of the Illinois EPA's rule may well have come

from its review of aTC 2006, which itself is derived from aTC 2001, as shown in

Exhibit 3, but the technical basis for the mle is clearly from aTC 2001.

15. Also in support of the 14.2% emission reduction, the MACTEC White

Paper cited to a document prepared by E.B. Pechan & Associates, Inc., entitled "Control

Measure Development Support Analysis of azone Transport Commission Model Rules"

("Pechan Document") and dated March 31, 2001. Because of its date, it is clear that the

Pechan Document was also prepared in reference to aTe 2001, and not aTC 2006. The

Illinois EPA also listed the Pechan Document as a reference in its TSD and Attachment

A. See TSD at Reference 18; Attachment A at Reference 18.

16. In paragraph 5 of its Post-Hearing Comments, the Illinois EPA referenced

Exhibit 3, which it also discussed at Hearing. Illinois EPA Post-Hearing Comment at 5.

As set forth above, at Hearing, the Illinois EPA's witness admitted that there were

"significant changes" made between aTC 2001 and aTC 2006, as shown in Exhibit 3.

Hearing Transcript at 18. Also at Hearing, Dr. Anand Rao of the Illinois Pollution

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Control Board ("Board") asked "[s]ince you will be submitting that document later in

your comment, would it be possible for you to highlight some of these significant

changes and how they're reflected in your mles?" Hearing Transcript at 19. While the

Illinois EPA correctly stated in its Post-Hearing Comments that Exhibit 3 "is highlighted

to reflect the changes from the 2001 and 2006 versions of the OTC Model Rule for

Consumer Products," the Illinois EPA failed to respond to Dr. Rao's question. In its

Post-Hearing Comments, the Illinois EPA did not show how OTC 2006 compares to its

proposed rule. The details of the differences between the two documents are necessary

for understanding the Illinois EPA's basis for its changes. Therefore, IERG respectfully

requests that the Board require the Illinois EPA to provide this information to the Board

for purposes of this mlemaking proceeding.

17. Also, the Illinois EPA stated that, notwithstanding its failure to include

Exhibit 3 as support, it relied upon Exhibit 3 in the development of its regulatory

proposal. Moreover, the Illinois EPA agreed that Exhibit 3 contained the following

categories in addition to those included in OTC 2001:

a. Adhesive Removers:

i. Floor or Wall Covering

11. Gasket or Thread Locking

111. General Purpose

iv. Specialty

b. Adhesives:

i. Contact General Purpose

ii. Contact Special Purpose

c. Air Fresheners:
i. Solids/Semisolids (changed form Solids/Gel)

d. Anti-Static Product, Non-Aerosol

e. Electrical Cleaner

f. Electronic Cleaner

g. Fabric Refresher:
i. Aerosol

ii. Non Aerosol

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h. Footwear or Leather Care Products:

i. Aerosol

11. Solid

111. Other Forms

1. Graffiti Remover:

i. Aerosol

ii. Non-Aerosol

J. Hair Styling Products:

i. Aerosol and Pump Sprays

ii. All Other Forms

k. Shaving Gel

I. Toilet/Urinal Care:

1. Aerosol

ii. Non-Aerosol

m. Wood Cleaner:

1. Aerosol

11. Non-Aerosol

Exhibit 3 at 20-24; Hearing Transcript at 23-26.

18. Moreover, the Illinois EPA stated that it is accurate that under OTC 2001,

exemption (i) would apply to both air fresheners and insecticides containing at least

98% para-dichlorobenzene. J Hearing Transcript at 26. Further, the Illinois EPA agreed

that under OTC 2006, exemption (i) only applies to insecticides containing 98 percent

para-dichlorobenzene. 2 rd. at 27. Therefore, in addition to the new categories, Exhibit 3

includes a modification of at least one exemption, namely exemption (i), thus subjecting

additional products to regulation.

19. Since it is clear that the Illinois EPA based the technical support for the

rulemaking on aTC 2001, including the emission reductions achieved by aTC 2001, and

I In aTe 2001, exemption (i) stated the following: "The voe limits specified in section 3(a) shall not apply to air fresheners and insecticides containing at least 98% paradichlorobenzene." OTe 2001 at 33.

2 In Exhibit 3 (redlined aTe 2006), exemption (i) stated the following: "The voe limits specified in

Section 3(a) shall not apply to.;. air fresheners and ill insecticides containing at least 98% para-dichlorobenzene

.... Exhibit 3 at 29-30.
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OTC 200 1 did not include a number of categories and modified at least one exemption,

IERG asserts that the Illinois EPA's goal ofVOM emissions reduction could be achieved

without these additional categories and without the modifIed exemption.

20. The Illinois EPA's response at paragraph 6 of its Post-Hearing Comments

was internally inconsistent and confusing. Illinois EPA Post-Hearing Comments at 6.

The first part of the response stated that the total emission reduction estimated to come

from the proposed rule was unchanged from the 14.2% reduction produced by OTC 2001

because the additional categories added in the Illinois EPA's proposed rule did not

provide additional reductions. If this is true, it would lead one to question the rationale

for including the categories at all. If the reasoning behind adding the new categories is to

provide a more explicit representation of previous categories, then IERG respectfully

requests that the Board require the Illinois EPA to provide this infonnation to the Board

for purposes of this rulemaking proceeding. The second part of the response was also

unclear, as it makes no sense that the 14.2% emission reduction produced by OTC 2001

beyond the emissions derived from the federal rule codified at 40 c.P.R. Part 59, Subpart

C, would remain unchanged, even when additional emission reduction categories are

included in the Illinois EPA's proposed rule. In the third part of its response here, the

Illinois EPA again stated that some of the additional categories did not provide additional

emission reductions because they were already included in the existing categories from

OTC 200 1. IERG respectfully requests that the Board require the Illinois EPA to provide

this information to the Board for purposes of this rulemaking proceeding. In essence, the

Illinois EPA's response at paragraph 6 of its Post-Hearing Comments would lead one to

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conclude that any category or limit beyond OTC 2001 is not necessary to achieve the

14.2% reduction the Illinois EPA has relied upon.

21. In addition, Table 2.7.1 of the TSD, entitled "Estimated YOM Emission

Reductions for Consumer Products," did not include the additional categories listed

above in paragraph 17. TSD at 30-33. At Hearing, the Illinois EPA was asked to review

Table 2.7.1 of the TSD and identify the new categories that were added in OTC 2006.

Hearing Transcript at 29-30. The Illinois EPA's response at paragraph 7 of its PostHearing Comments did not address the question that was asked at Hearing. See Illinois

EPA Post-Hearing Comments at 7. Table 2.7.1 totals approximately to the 14.2%

reduction the Illinois EPA claimed. It, therefore, follows that emission reductions from

the new categories were not considered by the Illinois EPA, and are not necessary to

achieve the required 14.2% emission reduction that the Illinois EPA is relying upon to

attain its air quality goals. Note too that some ofthe categories were included in aTC

2006 for purposes other than YOM reductions. 3 The Illinois EPA should provide

explanation to the Board as to why it included the additional categories in its proposed

rule. At present, the Illinois EPA has not yet provided such an explanation, nor did it

respond to the question it was asked at Hearing on this particular issue. IERG

respectfully requests that the Board require the Illinois EPA to provide such information

to the Board for purposes of this rulemaking proceeding.

22. The Illinois EPA admitted that it did not include the ozone reducing

impact of emission reductions from at least some of these categories. Hearing Transcript

3 See Exhibit 3 at 1, Note 1.

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at 30-31. Further, the Illinois EPA admitted that it does not know the emission

reductions to be achieved from adding these additional categories. Id. at 31.

23. The Illinois EPA was asked whether the OTC estimated emission

reductions for the additional categories for OTC 2006. Hearing Transcript at 31. The

Illinois EPA's response at paragraph 8 is not responsive. See Illinois EPA Post-Hearing

Comments at 8. First, the reference to "response 8" is incorrect. Second, the Illinois

EP A stated on several occasions during the Hearing that CARB, OTC and the State of

New Jersey developed such estimates. In fact, the Illinois EPA even used the category

breakdown from New Jersey as its basis for Table 2.7.1 of the TSD that provides a

category-by-category breakdown of emission reductions. The Illinois EPA appears to

have simply copied the infonnation in its proposal directly from these sources without

conducting any analysis as to the basis for each source. The Illinois EPA, in its PostHearing Comments, instead, stated that such analysis is not necessary because

LADCO/MACTEC "considered" the additional categories. The Illinois EPA should

explain for the Board in what way the additional categories were considered, and how, if

at all, their emission reductions figured into the 14.2% reduction. !ERG respectfully

requests that the Board require the Illinois EPA to provide such infonnation to the Board

for purposes of this rulemaking proceeding.

24. As discussed at Hearing, Exhibit 3 denotes with an asterisk certain

compounds that are affected by OTC 2006 and "may not cause or contribute to the

formation of ozone, but due to their hazardous nature are included in [Exhibit 3]

... "

Exhibit 3 at 1, Note 1. The Illinois EPA admitted that it did not do an independent

analysis of the compounds denoted with an asterisk to detennine whether there was an air

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quality impact on ozone formation. Hearing Transcript at 34-35. For example, the OTC

noted the following new subcategories with an asterisk: (i) products containing ozonedepleting compounds; (1) requirements for contact adhesives, electronic cleaners,

footwear or leather care products, and general purpose degreasers; (m) requirements for

adhesive removers, electrical cleaners, and graffiti removers; (n) requirements for solid

air fresheners and toilet/urinal care products. See Exhibit 3 at 27-29.

25. In paragraph 9 of its Post-Hearing Comments, the Illinois EPA noted that

subcategory (i) of Exhibit 3 regarding "products containing ozone-depleting

compounds,,4 is "regulated for other purposes in Illinois and federally and should not be

included in an area source YOM regulation." Illinois EPA Post-Hearing Comments at

9. IERG agrees with this response of the Illinois EPA. However, no information has

been provided by the Illinois EPA as to its basis for including (or not excluding) other

new subcategories of compounds that, as the OTC stated, may not cause or contribute to

the formation of ozone.

26. The Illinois EPA was asked whether it considered amending its proposal

to be consistent with the technical and economic support it has provided (which clearly

4 In Exhibit 3, subcategory (i) stated the following: "Products containing ozone-depleting compounds. For

any consumer product for which standards are specified under subsection (a), no person shall sell, supply,

offer for sale, or manufacture for sale in (OTC State) any consumer product which contains any of the following ozone-depleting compounds:

CFC-ll (trichlorofluoromethane), CFC-12 (dichlorodifluoromethane),

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

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

CFC-115 (chloropentafluoroethane), halon 1211 (bromochlorodifluoromethane),

halon 1301 (bromotrifluoromethane), halon 2402 (dibromotetrafluoroethane),

HCFC-22 (chlorodifluoromethane), H CFC-123 (2,2-dichloro-l ,1, I-trifluoroethane),

HCFC-124 (2-chloro-l, 1,1 ,2-tetrafluoroethane),

HCFC-141 b (l,l-dichloro-I-fluoroethane), HCFC-142b (l-chloro-l, I-difluoroethane),
1,1, I-trichloroethane, and carbon tetrachloride."

Exhibit 3 at 27.

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comes from aTC 2001), or in the alternative, whether it has considered offering the

additional support needed to justify the rule it is proposing which is derived from aTC

2006. Hearing Transcript at 39. In paragraph 10 of its Post-Hearing Comments, the

Illinois EPA stated that CARB researched the additional categories for the purpose of

"similar rulemakings." The Illinois EPA admitted throughout the Hearing that the aTC

and CARB both had an additional goal of regulating hazardous air pollutants when they

developed their rules. The aTC made this clear in the introductory notes of Exhibit 3.

See Exhibit 3 at 1. The Illinois EPA should include all the documents it relied upon in

developing its proposed rule, and not reference documents it did not use. For instance, if

the Illinois EPA principally relied upon the MACTEC White Paper or the various

versions of the aTC Model Rule, but did not review the references on which those

documents are based, then the Illinois EPA should not cite them as a reference and not

introduce them into the record, since they will only obfuscate the facts that are relevant to

determining the Illinois EPA's basis for its proposal.

27. The Illinois EPA was asked whether it would go forth and do its own

technical analysis for the additional categories. Hearing Transcript at 40. The Illinois

EPA's response at paragraph 11 of its Post-Hearing Comments stated that it would not be

doing such an analysis, and that the additional categories did not significantly impact the

overall percentage emission reduction of the proposed regulation. Illinois EPA PostHearing Comment at 11. If that is the case, again, IERG questions why the additional

categories are included in the proposal at all.

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B. The Illinois EPA has Proposed a Rule Consistent with OTC 2006,
yet Relied on OTC 2001 for its Economic Support

28. The Illinois EPA admitted that it did not do its own analysis of the

compliance cost associated with adding the additional categories. Hearing Transcript at

32. Instead, Illinois EPA relied on the analysis of other resources as to the costs, and

stated that, if other resources did not consider the costs, then the Illinois EPA would not

have considered the costs. rd. The Illinois EPA also agreed that it is possible that it did

not consider the cost of compliance associated with modified exemption (i). rd. at 33.

29. At Hearing, the Illinois EPA was asked whether it would go forth and do

its own economic analysis for the additional categories. Hearing Transcript at 40. The

Illinois EPA's response at paragraph II of its Post-Hearing Comments stated that it

would not be doing such an analysis, and that the additional categories did not

significantly impact the overall economic impact of the proposed regulation, which it

stated in its TSD as being $800/ton ofVOM emissions reduced. Illinois EPA PostHearing Comments at 11. Yet, the updated MACTEC White Paper demonstrated that

additional categories beyond OTC 2001 have a control cost of$4,800/ton. MACTEC

White Paper (March 10,2006) at 2 and 6. Because of the significant economic impact of

these additional categories, the Illinois EPA should be required to provide its own

analysis of the compliance costs associated with the categories.

C. The Illinois EPA has not Provided Sufficient Support for its Proposal

30. The Illinois EPA was asked whether the Board should go forward with the

adoption of the rule without teclmical and economic analyses for certain affected

categories. Hearing Transcript at 40. In paragraph 12 of its Post-Hearing Comments, the

Illinois EPA claimed that appropriate technical and economic analyses have been

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performed for all affected categories. Illinois EPA Post-Hearing Comments at 

### 1 12.

However, the information provided by IERG herein demonstrates that the Illinois EPA's

claim is not supported by the record in this proceeding.

31. In light of the information contained herein, IERG respectfully requests

the Board to consider the following three options as solutions for curing the deficiencies

of the Illinois EPA's proposed rule:

aption 1 :

apt ion 2:

aption 3 : The Board could choose to simply wait for the USEPA to adopt the federal consumer and commercial products rule.

As detailed above, the USEP A is currently devoting its

resources to evaluating the economics of aTe 2006, and anticipates issuing a proposed rule in late summer or early

fall of2008.

The Board could choose to proceed to First Notice on aTe

2001. Reliance on aTe 2001 would mean deletion of the categories added in aTC 2006 and use of exemption (i)

from aTe 2001. This action is justified because, as detailed above, both the technical and economic SUppOlt for

the Illinois EPA's proposal that is currently in the record is

for aTe 2001 only, and the 14.2% emission reduction

derived from aTe 2001 was used by the Illinois EPA in its

attainment demonstration.

The Board could choose to require the Illinois EPA to provide sufficient support and justification so that the

Board may meaningfully consider the technical feasibility

and economic reasonableness of aTC 2006.

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IV. CONCLUSION

WHEREFORE, the ILLINOIS ENVIRONMENTAL REGULATORY GROUP

hereby respectfully requests the Illinois Pollution Control Board to take action consistent

with these comments.

Respectfully submitted,

By: /s/ Katherine D. Hodge

Katherine D. Hodge

Dated: July 25,2008

Katherine D. Hodge

Monica T. Rios

Lauren C. Lurkins

HODGE DWYER ZEMAN

3150 Roland Avenue

Post Office Box 5776 Springfield, Illinois 62705-5776 (217) 523-4900 Alec M. Davis

General Counsel

Illinois Environmental Regulatory Group

215 East Adams Street Springfield, Illinois 62701 (217) 522-5512

IERG:OOI/Filings/final Response to IEPA Post-Hearing Comments 7.25.08

16Lauren C. Lurkins

From:**Sent~** To:
Cc: Subject: 

### Electronic Filing

- Received, Clerk's Office, July 25,**200~** 

### * * * * * PC #4 

### * * * * *

Moore.Bruce@epamail.epa.gov Friday, June 20, 2008 7:28 AM

Lauren C. Lurkins RosenthaI.Steven@epamail.epa.gov

Re: Consumer Products Rule Status and Clarification.

Hi Lauren,

Yes, there is some confusion somewhere. The 183(e) Group IV activity will be 4 eTGs covering all 5 categories in Group IV (mise metal products coatings and plastic parts coatings are being addressed by a single CTG as "miscellaneous metal and plastic parts coatings"). We had originally considered doing a national rule for miscellaneous

industrial adhesives, but on further consideration are developing a CTG instead.

The Group IV proposal and draft CTGs should be signed by 6/27 and the notice should be published in the FR in early July. There will be a 30 to 45 day comment period (depending

on whether a hearing is requested).

We are under court order to finalize the CTGs by 9/30/08.

We have been on hold with the CP and AIM rule amendments (being done jointly in a single

action amending both subparts C and D of Part 59).

We were having trouble assessing the cost impacts on companies who are not currently manufacturing products that comply with California or other State rules more stringent

than our old 1998 rules for these categories. We've come up with a possible solution and

will be getting further information from the trade associations (CSPA, NPCA, etc.) to fill

in the gaps using a tool that they helped us develop. If this works, we plan to propose these amendments in late summer or early fall, with promulgation following in spring of

2009 (following the Administration transition

-- there will be a moratorium on most final

rules between November and March or April). We expect to have the compliance date January 1, 2010 for both amended rules. I kno'l-, we're WP.Y behind on our commitment to the States

to get these rules ·out.

I hope that helps answer your questions and clarify what's going on.

Bruce

Bruce**~1oore** Consumer & Commercial Products Sector Team Leader Office of Air Quality Planning and
Standards US Environmental Protection Agency (E143-03) Research Triangle Park, NC 27711

Phone (919) 541-5460 Fax (919) 541-3470 "moore.bruce@epa.gov"

exHIBIT

1

### Electronic Filing· Received, Clerk·s Office, July 25, 2008



### * * * * * PC #4 * * * * *

CERTIFICATE OF SERVICE

I, Katherine D. Hodge, the undersigned, hereby certify that I have served the

attached ENTRY OF APPEARANCE OF ALEC M. DAVIS and ILLINOIS

ENVIRONMENTAL REGULATORY GROUP'S RESPONSE TO ILLINOIS

ENVIRONMENTAL PROTECTION AGENCY'S POST-HEARING COMMENTS on behalf of the Illinois Environmental Regulatory Group upon:

Mr. John Therriault

Assistant Clerk of the Board

Illinois Pollution Control Board

100 West Randolph Street

Suite 11-500 Chicago, Illinois 60601

via electronic mail on July 25, 2008; and upon:

Mr. Tim Fox Hearing Officer

Illinois Pollution Control Board

100 West Randolph Street

Suite 11-500 Chicago, Illinois 60601

Charles E. Matoesian, Esq.

Assistant Counsel

Illinois Environmental Protection Agency

1021 North Grand A venue East

Post Office Box 19276 Springfield, Illinois 62794-9276

Matthew J. Dunn, Esq.

Chief

Environmental Bureau North

Office of the Attorney General

69 West Washington Street

Suite 1800 Chicago, Illinois 60602 Mark A. Biel

Chemical Industry Council of Illinois

400 West Monroe

Suite 205 Springfield, Illinois 62704

Virginia Yang, Esq. Deputy General Counsel

Illinois Department of Natural Resources

One Natural Resources Way Springfield, Illinois 62701-1271

by depositing said documents in the United States Mail, postage prepaid, in Springfield,

Illinois, on July 25, 2008.

By: /s/ Katherine D. Hodge

Katherine D. Hodge

lERG:OO l/ Filings/ NOF cos EOA AMD & Post-Hearing Comments 6.04.08

- R08-17ILLINOIS POLLUTION CONTROL BOARD October 16, 2008

IN THE MATTER OF:

PROPOSED NEW 35 ILL. ADM. CODE

PART 223 STANDARDS AND

LIMITATIONS FOR ORGANIC MATERIAL

EMISSIONS FOR AREA SOURCES ) ) ) ) ) ) R08-17 (Rulemaking - Air)

Proposed Rule

. First Notice

.

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

On January 2, 2008, the Illinois Environmental Protection Agency (Agency or IEPA or Illinois EPA) filed a proposed rule (Prop.) unde r the general rulemaking provisions of Sections

27 and 28 of the Environmental Protection Act (Act) (415 ILCS 5/27, 28 (2006)). The Agency proposed a new 35 Ill. Adm. Code 223, Standards and Limitations for Organic Material Emissions for Area Sources. The Agency stated that the proposed re gulations would reduce emissions of volatile orga nic material (VOM or VOC 1 ) from various consumer and commercial products, architectural and indus trial maintenance (AIM) pro ducts, and aerosol coatings.

The first-notice amendments set forth be low are intended primarily to reduce VOM emissions from consumer products and AIM pro ducts. The proposed regulations include VOM

content standards for those two product categories, exemptions and compliance alternatives, and various labeling, recordkeeping and reporting requirements. P ublication of these proposed

amendments in the Illinois Register will begin a 45-day public comment period.

In this opinion, the Board first provides the procedural history of this rulemaking. The Board then summarizes the Agency’s proposal and th e issues raised both at hearing and in public comments. The Board then analyzes the back ground of federal requirements and the source of the Agency’s proposal. The Board then addresse s technical and economic considerations before making its findings and reaching its conclusions. The order following the opinion then sets forth the proposed amendments for first notice publication.

PROCEDURAL HISTORY

On January 2, 2008, the Agency filed a rulemaking proposal under the general rulemaking provisions of Sections 27 and 28 of the Act (415 ILCS 5/27, 28 (2006)). A Statement of Reasons (Statement) and a Technical Support Document (TSD) accompanied the Agency’s proposal. A motion for waiver of various filing requirements also accompanied the proposal.

1 The Agency states that the terms “VOM” and “ VOC” are interchangeable. Statement at 5. The Agency states, however, that it employs the term “VOM” and United States Environmental Protection Agency (USEPA) employs the term “VOC.” Id

.2

On January 22, 2008, the Board received a wr itten public comment from the National Paint and Coatings Association (NPCA) (PC 1).

In an order dated January 24, 2008, the Board ac cepted the Agency’s proposal for hearing and granted the Agency’s motion for waiver of f iling requirements. In a letter dated January 24, 2008, the Board requested that the Departme nt of Commerce and Economic Opportunity (DCEO) conduct an economic impact study of the Agency’s rulemaking proposal. See 415 ILCS 5/27(b) (2006). The Board has not received a response to this request.

In an order dated February 13, 2008, the hearin g officer scheduled a first hearing on April 30, 2008, in Springfield and a second hearing on J une 4, 2008, in Chicago. Also in that order, the hearing officer noted that the TSD included a list of approximately 600 entities potentially affected by the proposal. See TSD, Appendix A (Potentially Aff ected Manufacturers in Illinois). The order stated that the Board began the proc eeding by including each of those entities in its Notice List and mailing each of them a copy of the or der. However, the order also stated that it would that it would mail copies of any subsequent opinions a nd orders only to those who specifically indicated that they wished to rema in on the Notice List. The order included an Attachment A, which provided an electronic ma il address, a facsimile number, and a mailing address through which potentially affected entitie s could indicate their wi sh to remain on the

Notice List. The order also incl uded an Attachment B, which c ontained the names and addresses

of all of the entities listed by the Agency in Appendix A to its TSD and to each of which the Board had mailed the hearing officer order dated February 13, 2008.

On April 14, 2008, the Board received prefiled te stimony from Mr. Joseph Yost on behalf of the Consumer Specialty Products Associati on (CSPA) (Yost Test.). On April 16, 2008, the Board received prefiled testimony from Ms. Heidi McAuliffe on behalf of the National Paint and Coatings Association (NPCA) (McAuliffe Test .). Also on April 16, 20008, the Board received prefiled testimony from Mr. Rory Davis on behalf of the Agency (Davis Test.). On the same date, the Agency filed its first errata sheet ( Errata 1).

The first hearing in this proceeding took pl ace on April 30, 2008, in Springfield (Tr.1). At the first hearing, the hearing officer admitted into the record two exhibits. The first is a final rule adopted by the United States Environm ental Protection Agency (USEPA) and entitled “National Volatile Organic Com pound Emission Standards for Ae rosol Coatings” (Exh. 1). Tr.1 at 42; see 73 Fed. Reg. 15604-31 (Mar. 24, 2008). The s econd, a direct final rule adopted by USEPA, clarifies and amends certa in regulatory language in the ae rosol coatings final rule (Exh. 2). Tr.1 at 42; see 73 Fed. Reg. 15421-25 (Mar. 24, 2008).

On May 19, 2008, the Board received an additi onal written public comment from NPCA (PC 2).

The second hearing in this proceeding took place on June 4, 2008 in Chicago (Tr.2). At the second hearing, the hearing officer admitted into the record two additional exhibits. The

third exhibit is a final draft version of a “Mode l Rule for Consumer Products” developed by the3

Ozone Transport Commission (OTC) 2 (Exh. 3) and dated September 13, 2006. The fourth exhibit is the Agency’s second errata sheet, which was also rece ived by the Board’s Clerk on June 4, 2008 (Exh. 4 or Errata 2).

In an order dated June 11, 2008, the heari ng officer set a deadline of July 11, 2008, for filing post-hearing comments and a deadline ofJuly 25, 2008, for filing a response to a posthearing comment. The order noted that the Board had mailed a copy of the February 13, 2008, hearing officer to each of approximately 600 entitie s listed by the Agency as potentially affected by the proposal. The order also noted that the Bo ard stated it would mail copies of subsequent opinions and orders only to those who specificall y indicated that they wished to remain on the

Notice List. The order stated that the Board ha d received this indica tion from approximately 40 entities. The order also indicated that, after th e Board mailed the first hearing officer order to each of the entities listed by the Agency in Appendix A to its TSD, the United States Postal Service (USPS) had returned approximately 70 of them to the Board as undeliverable. The order

included as Attachment A the names and addresse s of those entities from which the February 13, 2008 hearing officer order had been re turned to the Board by the USPS.

On July 10, 2008, the Agency filed its post-hearing comments (PC 3). Also on July 10, 2008, the Agency filed its third errata sheet ( Errata 3). On July 25, 2008, the Illinois Environmental Regulatory Group (IERG) filed its response to the Agency’s post-hearing comments (PC 4). On July 29, 2008, the hearin g officer received through electronic mail a number of questions and statements regardi ng the Agency’s proposal from Jim Kantola, Regulatory Affairs Manager, Pr oduct Safety and Compliance for AkzoNobel Decorative Paints

US. That communication has been filed with th e Board’s Clerk as a public comment in this proceeding (PC 5).

Filing Public Comments

First-notice publication of th ese proposed rules in the Illinois Register will start a period of at least 45 days during which anyone may file a public comment with the Board, regardless of whether the person has already filed a public comment in this proceeding. The Board encourages persons to file public comments on these proposed amendments. The docket number for this rulemaking, R08-17, should be indicated on the public comment.

Public comments must be file d with the Clerk of the Board at the following address:

Pollution Control Board John T. Therriault, Assistant Clerk James R. Thompson Center 100 W. Randolph Street, Suite 11-500

2 The Agency describes OTC as “an organization in the eastern states created under the Clean Air Act.” TSD at 7, Statement at 4-5. Speci fically, the OTC consists of the states of Connecticut, Delaware, Maine, Maryland, Mass achusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia , and the District of Columbia.” TSD at

17.4

Chicago, IL 60601

As an alternative, public comme nts may be filed with the Cl erk electronically through the Clerk’s Office On-Line (COOL) at www.ipcb.state.il.us

. Any questions about electronic filing through COOL should be directed to the Clerk’s Office at (312) 814-3629. Please note that all filings with the Clerk of the Board must be se rved on the hearing officer and on those persons on the Service List for this rulemaking. Before f iling any document with the Clerk, please check with the hearing officer or the Clerk’s Office to verify the curr ent version of the Service List.

Public Comment 6

On October 8, 2008, the Board received an additional written public comment from NPCA (PC 6). Addressing the Agency’s propose d effective date of the regulations, NPCA “requests that that current implementation date be extended to at least July 1, 2009 to allow IL adequate time to finalize and adopt the amendm ents to the AIM rule, and more importantly, provide adequate time for industry to make n ecessary changes in order to comply with the amendments.” PC 6 at 1. NPCA argues that “[ i]t is impossible for manufacturers to make these necessary changes and properly communicate the de tails of the IL AIM rule without having a final adopted rule in hand, particularly, as a dditional changes may occur between first notice and final adoption.” Id

.

While the Board notes that the deadline for filing post-hearing comments passed on July 11, 2008, the Board invites the participants during the first-notice comment period to address the issues raised by NPCA in its public comment filed October 8, 2008.

SUMMARY OF AGENCY PROPOSAL

Proposed Subpart D: Aerosol Coatings

In its original filing, the Agency proposed aerosol coating rules “ limiting the content of various VOM compounds based on their reactiv ity and their likelihood to form ground level ozone.” Statement at 4, citing TSD at 6; see Prop. at 67-105 (proposed Subpart D and appendices). The Agency based its proposed ae rosol coatings rules on California Air Resource Board (CARB) regulations that have employed a reactivity-based standard since January 1, 2003. Statement at 4, citing C AL . C ODE R EGS ., tit. 17, §§94521-24, 94526 (2001); see Prop., Att. A(11) (Final Regulation Order for Reducing the Oz one Formed from Aerosol Coating Product Emissions).

In her testimony prefiled for the first hear ing, Ms. McAuliffe stat ed that NPCA had “significant concerns about the state adoption of standards for this [aerosol coating] product category when the USEPA has already finalized its national rule.” McAuliffe Test. at 3. At the first hearing, Ms. McAuliffe spoke generally abou t the possibility that it would be difficult for state regulators continually to am end state rules to make them cons istent with the federal rules.

See Tr.1 at 35-37. Noting that some time may elap se between a change in the federal rules and the adoption of that change at the state leve l, she argued that it would be difficult for manufacturers to comply with rules during any pe riods when they are not consistent with one5

another. See id. at 36-37. She further stated that “[t]he national rule for aerosol coatings, as published in the Federal Register on March 24, 2008, contains the same aerosol coatings categories, definitions and reactivity standards.” Id .; see Exh. 1 (73 Fed. Reg. 15604-31 (Mar. 24, 2008)), Exh. 2 (73 Fed. Reg. 15421-25 (Mar. 24, 2008)). Ms. McAuliffe concluded her prefiled testimony by requesting “tha t the aerosol coatings proposal be withdrawn.” McAuliffe

Test. at 4.

In responding to questions at the first hearing, Mr. Da vis noted that, although USEPA had finalized its aerosol coatings rule, that rule remained open to legal challenges until May 23, 2008. Tr.1 at 25. He stated, however, that, “[i]f th at were to clear all the challenges and become a final rule, then we would consider w ithdrawing that portion of the rule.” Id . At the second hearing, counsel for the Agency stated that, accord ing to USEPA, “the federal aerosol rule is beyond legal challenge at this point.” Tr.2 at 5. He stated that the Agency intended to file an

errata sheet withdrawing from consideration Subpart D addressing aerosol coatings. Id

.

In its third errata sheet, the Agency proposed to strike Subpart D in its entirety, including reference in the index to that language. Errata 3 at 11-31 (§13). In the same errata sheet, the Agency also proposed to strike two entire appendices pertaining to aerosol coatings. Errata 3 at 32-51 (§§14-15). The Agency stated that, because USEPA had promulgated an identical aerosol coatings rule, the proposed Subpart D and appendices had become moot. Id . at 11, 32, 49. Accordingly, the Board will not address the language that had originally been proposed as Subpart D, or the technical and economic issues rela ting to it, in the subse quent sections of this opinion and will not include that language in its order below.

Proposed Subpart A: General Provisions

Severability (Section 223.100)

The Agency proposes to add a section providi ng in its entirety that , “[i]f any Section, subsection, or clause of this Part [223] is found invalid, such finding shall not affect the validity

of this Part as a whole or a ny Section, subsection, or clause not found invalid.” Prop. at 2 (proposed new Section 223.100), Statement at 13.

Abbreviations and Acronyms (Section 223.105)

The Agency proposes to add a section pr oviding that, “[u]nless otherwise specified within this Part [223], the abbrev iations used in this Part shall be the same as those found in 35 Ill. Adm. Code 211.” Prop. at 2 (proposed new Section 223.105), Statement at 13; see 35 Ill. Adm. Code 211 (definitions a nd general provisions applicable to emission standards and limitations for stationary sources). The proposed new section lists a number of abbreviations and acronyms. Prop. at 3; see also TSD at 2 (List of Acronyms). In its third errata sheet, the Agency struck five acronyms on the basis that they “are no longer necess ary as Subpart D is being withdrawn.” Errata 3 at 1-2 (§1).

Incorporations by Reference (Section 223.120)6

The Agency proposes to add language incorp orating by reference various materials. Prop. at 3-6 (proposed new S ection 223.120), Statement at 13. The proposed new section specifically provides that “[t]he se incorporations do not incl ude any later amendments or additions.” Prop. at 3, Statement at 13.

During the second hearing, the hearing officer directed to the Agency a number of questions about this proposed section. First, regarding subsections (a) through (e) incorporating materials from the Code of Federal Regulations, the hearing officer requested that the Agency make these five incorporations consistent with one another, particularly with regard to their citations to the Federal Register. Tr.2 at 52-53. The Agency addr essed this request in its third

errata sheet. Errata 3 at 2-3.

Second, regarding various subsections in which the Agency sought to incorporate materials from the South Coast Air Quality Management District (SCAQMD), Bay Area Air Quality Management District (BAAQMD), and CA RB, the hearing officer requested that the Agency supply an address for th ese three entities through which th e public can obtain copies of the materials sought to be incorporated. Tr.2 at 53; see 5 ILCS 100/5-75(a) (2006) (Illinois Administrative Procedure Act). The Agen cy addressed this request in its third errata sheet.

Errata 3 at 4.

Third, referring to subsection (i) in the Agen cy’s proposal, the heari ng officer noted that, although an SCAQMD analytical method filed with the Board indicates approval in July 1996, the proposed incorporation refers to approval on August 10, 1998. Tr.2 at 53; see Prop. at 5 (proposed Section 223.120(i)); but see Prop., Att. B(i) (SCAQMD Method 318-95 approved July 1996). The hearing officer asked that the Agency “clarify whether there is a subsequent version

of this method that the Board woul d need to obtain as part of its record in its proceeding.” Tr.2 at 53. The Agency did not specifica lly address this issue in its third errata sheet. See Errata 3 at 2-5 (amending proposed Section 223.120). Accord ingly, the Board will amend the Agency’s proposal to reflect the 1996 date of the document filed with it. See 5 ILCS 100/5-75(c) (2006) (requiring Board to maintain copy of incorporated material). The Board seeks comment by the Agency and other participants on this amendm ent, including comment in the form of any subsequent version of the SCAQMD method that the Agency may wish to incorporate by

reference.

Fourth, referring to subsections (j) and (k) in the Agency’s proposal , the hearing officer noted that, although two BAAQMD analytical methods filed with the Board indicate proposed amendment dated February 4, 2004, the proposed inco rporation refers to amendments dated May 18, 2005. Tr.2 at 54; see Prop. at 5 (proposed Sections 223.120(j), (k)); but see Prop., Att. B(j), (k) (BAAQMD Methods 43 and 41, respectively). Th e hearing officer asked that the Agency clarify “whether there is a subs equent version of the method that the Board would need to obtain a copy of for the record in this proceeding.” Tr.2 at 54. The Agency did not specifically address

this issue in its third errata sheet. See Errata 3 at 2-5 (amending proposed Section 223.120). Accordingly, the Board will amend the Agency’s proposal to reflect the 2004 date of the

methods filed with it. See 5 ILCS 100/5-75(c) (2006) (requir ing Board to maintain copy of incorporated material). The Board seeks commen t by the Agency and other participants on this7

amendment, including comment in the form of any subsequent version of the BAAQMD methods that the Agency may wish to incorporate by reference.

Fifth, referring to subsection (m) in the Agen cy’s proposal, the heari ng officer noted that, although an SCAQMD rule filed with the Boar d indicates adoption on October 5, 1990, the proposed incorporation refers to appr oval on February 27, 1991. Tr.2 at 54; see Prop. at 5 (proposed Section 223.120(i)); but see Prop., Att. B(m) (SCAQMD Rule 1174 adopted October 5, 1990). The hearing officer asked the Agency to “clarify whether there is some subsequent version, updated version of that document that the Board would need to.” Tr.2 at 54. The Agency did not specifically address this issue in its third errata sheet. See Errata 3 at 2-5 (amending proposed Section 223.120). Accordingly, the Board will amend the Agency’s proposal to reflect the 1990 adoption date of the document filed with it. See 5 ILCS 100/5-75(c) (2006) (requiring Board to maintain copy of inco rporated material). The Board seeks comment by the Agency and other participants on this am endment, including comment in the form of any subsequent version of the SCAQMD rule that the Agency may wish to incorporate by reference.

Sixth, referring to subsection (n) in the Agency’s proposal, th e hearing officer noted that Agency wishes to incorporate a provision of th e California Administrati ve Code. Tr.2 at 54; see Prop. at 5 (proposed subsection 223.120(n)), C AL . C ODE R EGS ., tit. 17, § 94509. The hearing officer noted that, in the copy of those regulations filed with the Board, five images appearing to contain VOC content limits appeared as not available for printing. Tr.2 at 55; see Prop., Att. B(n) (regulatory language). The hearing offi cer requested that the Agency complete the document by filing a copy including those images. Tr.2 at 55. The Agency responded to this request by filing a copy of the regulatory langua ge as an attachment to its post-hearing comments. PC 3, Att. 3.

Finally, the Board notes that the Agency in its third errata sheet proposes to strike from materials incorporated by reference one set of test methods from the American Society for Testing and Materials (ASTM) and to add ASTM Method D86-07b for distillation of petroleum products. Errata 3 at 3-4. The Agency supplied the Board with a copy of this method by attaching it as an attachment to its post-hearing comments. PC 3, Att. 1.

Proposed Subpart B: Consumer and Commercial Products

USEPA now regulates consumer and commerc ial products through a rule promulgated on September 11, 1998. TSD at 5, citing 40 C.F.R. 59 Subpart D; TSD at 17 (noting authority under Section 183(e) of Clean Air Act). Use of these products results in solvent evaporation and

the emission of VOM. TSD at 9. The USEPA ru le limits the VOM content of 24 categories of consumer and commercial products and is estimate d to have reduced VOM emissions from those categories by 20 percent from uncontrolled levels. TSD at 5, 17. Emissions attributable to those 24 categories, however, “account for only 48 percen t of the consumer and commercial products emission inventory.” Id . at 5-6, 17, citing Prop., Att. A(3) (Interim White Paper – Midwest Regional Planning Organization Candidate Contro l Measures, Source Category: Consumer and Commercial Products, MA CTEC, December 1, 2005).8

Under the USEPA rule, “a consumer produc t is any household or institutional product (including paints, coatings, and so lvents), or substance, or article (including any container or packaging) held by any person, the use, cons umption, storage, dis posal, destruction, or decomposition of which may result in the releas e of VOC.” TSD at 8, citing 40 C.F.R. 59.202; Statement at 5. “Consumer and commercial products are chemically formulated products used by household and institutional consumers including, but not limited to, detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sa nitizers; aerosol paints; and automo tive specialty products.” TSD at 8, Statement at 5-6. The description also includes aerosol adhesives, including those for consumer, industrial, and commercial uses. TSD at 8, Statem ent at 6. It does not however, “include other paint products, furniture coatings, or architectu ral coatings.” TSD at 8, Statement at 6. “Consumer and commercial products are sold to retail customers for personal, household, or automotive use” and also are sold “by wholesale distributors for use in commercial or industrial settings such as beauty shops, schools, and hospitals.” TSD at 8.

The Agency notes that the Emission Inve ntory Improvement Program separates the category of consumer and commercial products in to seven product categori es: “personal care products, household products, automotive aftermarket products, a dhesives and sealants, FIFRA regulated products, coatings and related products , and miscellaneous products.” TSD at 14, citing Prop., at Att. A(1) (Emission Inventor y Improvement Program Volume III, Chapter 5 Consumer and Commercial Solvent Use, August 1996). For the purposes of its proposed rules, however, the Agency divides the source category into 59 product categories, each with a VOM content limit expressed in terms of percen tage VOM by weight. TSD at 10-14 (Table 2.2.1 Proposed Regulated Product Categories and Li mits), Prop. at 29-35 (proposed Section 223.205).

The Agency notes that it produced a 2002 ozone inventory, which includes “a comprehensive inventory of VOM emissions from consumer and commercial products statewide, and for both NAAs [nonattainment areas] in Illinois. TSD at 14, citing Prop., Att. A(15) (Illinois Base Year Ozone Inventory for 2002 (June 2006)). That inventory includes emission factors for each of seven product categories expressed in po unds per year per person. TSD at 15 (Table 2.2.2 Consumer Product Emission Factors by Categor y), Prop., Att. A(15) at 46 (Table 4-12

Consumer Solvent Use Emissi on Factors (lb/person/year)).

The Agency’s data also include an inventor y of VOM emissions attributable to consumer and commercial products during both the ozone seas on and the entire year. TSD at 15-16 (Table 2.2.3), citing Prop., Att. A(2) (Illinois Periodic Em ission Inventory and Milestone Demonstration for 2002); Prop., Att. A(15) (Illinois Base Year Ozone Inventory for 2002 (June 2006)). The data show that “consumer and commercial produ cts account for approximately 4.95% of total statewide anthropogenic VOM emissions during the ozone season and approximately 8.51% of those emissions for the entire year. TSD at 9, 16, Statement at 6. In the Metro East/St. Louis NAA, consumer and commercial products account for approximately 4.93% of total anthropogenic VOM emissions during the ozone season and approximately 6.89% of those emissions for the entire year. TSD at 9, 16, Stat ement at 6. In the Chicago NAA, consumer and commercial products account for approximately 9.22% of total anthr opogenic VOM emissions during the ozone season and approximately 13.45% of those emissions for th e entire year. TSD at 9, 16, Statement at 6. “Consumer and commercial products are estimated to emit 81.86 tons of9

VOM per day in Illinois” during the ozone seas on and to emit 124.80 tons per day over the entire year. TSD at 16 (Table 2.2.3); see Statement at 6.

The Agency claims that “[t]he most effec tive approaches for achieving reductions in this source category are reformulating products cu rrently employing VOM solvents and replacing them with water based formulations or formulations employing acetone or other exempt solvents.” TSD at 16, Statement at 6-7, 12. The Agen cy further argues that “[o]ther measures for reduction in this category in clude increasing the solids cont ent of products, formulating nonVOM propellants for products, or changing the valv es, containers, or delivery systems of the products to reduce VOM content. TSD at 16, Statement at 7, 12.

The Agency estimates that adoption of its pr oposed rule “will result in a 14.2% reduction

in VOM emission from consumer and comme rcial products beyond those achieved by the current federal rule.” Statement at 7, TSD at 29, citing Prop., Att. A(3) (Interim White Paper – Midwest Regional Planning Organization Candida te Control Measures, Source Category: Consumer and Commercial Products, MACTEC, December 1, 2005). This translates into a reduction of approximately 17.72 tons per day or 6468 tons of VOM per year in Illinois. Statement at 7, TSD at 29, citing Prop., Att. A(15) (Illinois Base Year Ozone Inventory for 2002 (June 2006)). This represents “a reduction of nearly 1% of the total anthropogenic VOM emissions in the State.” Statement at 7, TSD at 29.

In his testimony prefiled on be half of CSPA on April 14, 200 8, Mr. Yost indicted that USEPA is developing revisions to its consumer products rule a nd that USEPA expects to issue its proposed revisions in May of 2008. Yost Test. at 3. At the fi rst hearing, Mr. Yost elaborated that USEPA considered May to remain the targ et date for issuance of the revised consumer products rule. Tr.1 at 46 (referr ing to discussions with Mr. Bru ce Moore of USEPA). He also stated that he expected the implementation date of the revised rule to fall sometime between May and August of 2009. Id . Similarly, IERG expects USEP A to propose amended consumer products rule in the late summe r or early fall of 2008 with promulgation in the spring of 2009. PC 4 at 3 (referring to e-mail fr om Mr. Bruce Moore of USEPA).

In his testimony at the first hearing, Mr . Davis acknowledged that the Agency “would have to address” any ways in which a USEPA pr oposal differed from its own. Tr. 1 at 11-12. At the second hearing, however, he i ndicated that the expected date for proposing and promulgating that USEPA consumer products rule “k eeps getting pushed back.” Tr.2 at 11.

Purpose (Section 223.200)

The Agency proposes to add a section providing in its entirety that “[t]he purpose of this Subpart [B] is to limit emissions of volatile or ganic materials (VOMs) by requiring reductions in

the VOM content of consumer and commercial products.” Prop. at 6 (proposed new Section 223.200), Statement 13.

Applicability (Section 223.201)10

The Agency proposes to add a section providing in its entirety that, “[e]xcept as provided in Section 223.230 [Exemptions], this Subpart sh all apply to any person who sells, supplies, offers for sale, or manufactures consumer pr oducts on or after January 1, 2009, for use in Illinois.” Prop. at 6 (proposed new Section 223.201), Statement at 13-14.

Definitions (Section 223.203)

The Agency proposes to add a section listing definitions applicable to the provisions of Subpart B. Prop. at 6-29 (proposed new Sec tion 223.203), Statement at 14. The Agency also proposes to include language providing that, “[u] nless otherwise defined herein, the definitions of terms used in this Subpart shall have the meanings specified for those terms in 35 Ill. Adm. Code Part 211.” Prop. at 6, Statement at 14; see 35 Ill. Adm. Code 211 (definitions and general provisions applicable to emi ssion standards and limitations for stationary sources).

In its second errata sheet, the Agency proposed a nu mber of technical changes. Errata 2 at 1-2. First, the Agency clarified that AS TM methods included in three definitions are incorporated by reference. Id .; see Prop. at 4 (proposed new Sec tion 223.120). Also, in five definitions, the Agency changed the term “Part” to “Subpart” to clarify the applicability of those

definitions. Errata 2 at 2-4; see Tr.1 at 27-28. Similarly, the Agency in its third errata sheet proposed a number of technical changes “to clarify the defi nitions of certain words.” Errata 3 at 5; see Tr.2 55-56.

Standards (Section 223.205)

The Agency proposes to add a section providi ng that, with certain specified exceptions, “no person shall sell, supply, offe r for sale, or manufacture for sa le in Illinois any consumer product manufactured on or after January 1, 2009, which contains VOMs in excess of the limits specified.” Prop. at 29, Statement at 14. For 60 categories of affected products, the Agency proposes VOM content limits expressed in te rms of “% VOM by Weight.” Prop. at 29-35 (proposed Section 223.205(a)), TSD at 10- 14 (Table 2.2.1 Proposed Regulated Product Categories and Limits). The proposed section al so provides that “[n]o person shall sell, supply, offer for sale, or manufacture for sale in Illinoi s, on and after January 1, 2009, any antiperspirant or deodorant that contains any” of 17 lis ted compounds. Prop. at 35 (proposed Section 223.205(b)), Statement at 14.

In his testimony on behalf of the Agenc y, Mr. Davis expressed the assumption that affected entities had sufficient time to comply with the provisions of the proposed rule by the compliance date of January 1, 2009. Tr.2 at 9. His testimony also acknowledged that, because compliance with the ozone standard must be demonstrated by June 15, 2010, the Agency’s proposal can potentially influence only the 2009 ozone season. Id . at 10. In her testimony on behalf of IERG, Ms. Hodge asked why the Agen cy had “waited until this point in time to propose the rule?” Id . at 10-11. In its post-hearing comme nts, the Agency responded that it

filed the proposed regulation as soon as was possible given the staff resources,

and the combination of the Consumer Produc ts rule with [the] AIM Coatings rules

and the now withdrawn Aerosol Coati ng rule. An extensive amount of11

consultation with the affected industry groups to ensure the rules were consistent and acceptable to stakeholders was an a dditional factor in the timing of the Agency’s filing of the proposed regulations. PC 3 at 1 (§2); see Davis Test. at 3.

In his testimony on behalf of the CSPA, Mr. Yo st noted that, unlike the OTC model rule, the Agency’s proposal included no provision for obtaining a variance from the VOM content

standards. Tr.1 at 39. Addressi ng that issue for the Agency, Mr. Davis stated that “Illinois has its own variance procedures that we follow.” Id.

, see 415 ILCS 5/35-38 (Variances). Ultimately, Mr. Yost supported the Agency’s proposed complia nce date of January 1, 2009, characterizing it as “absolutely critical” and “consistent with wh at the other states ar e doing.” Tr.1 at 45.

Diluted Products (Section 223.206)

The Agency proposes to add a section provi ding that, “[f]or consumer products for which the label, packaging, or accompanying literature specifically states that the product should be diluted with water or non-VOM solvent prior to use, the limits specifi ed in Section 223.205(a) shall apply o the product only af ter the minimum recommended d ilution has taken place.” Prop. at 36 (proposed Section 223.206(a)), Statement at 14-15. The Agency also seeks to clarify that

“the minimum recommended dilution shall not include recommendations for incidental use of a concentrated product to deal with limited special application such as hard-to-remove soils or stains.” Prop. at 36 (proposed Section 223.206( b), Statement at 15. Finally, the Agency proposes language providing that, “[f]or consumer products for which the label, packaging, or accompanying literature states that the product shoul d be diluted with any VOM solvent prior to use, the limits specified in S ection 223.205(a) shall apply to th e product only after the maximum recommended dilution has taken place.” Prop. at 36 (proposed Section 223.206(c)), Statement at

15.

Products Registered under the Federal Inse cticide, Fungicide, and Rodenticide Act (FIFRA) (Section 223.207)

The Agency proposes to add a section pr oviding that, for produc ts registered under FIFRA, “the effective date of the VOM st andards will be January 1, 2010.” Prop. at 36 (proposed Section 223.207), Statement at 15. In its second errata sheet, the Agency proposed language “to clarify that the FIFRA section specified was in corporated by reference.” Errata 2 at 4 (§3). In responding to a question at the fi rst hearing, Mr. Yost accounted for this effective date. He stated that a number of consumer produc ts, such as those that kill mold or mildew, are regulated as a pesticide by FIFRA. Tr.1 at 29. He further stated that changes such as the formulation or labeling of pesticides require approval under FI FRA both by USEPA and the state Department of Agriculture. Id. at 29-30. He testified that the OTC model rule and regulations in other states all “provide one addi tional year because it takes that additional time to work through other sister agencies to get appr oval for any type of change.” Id . at 30.

Requirements for Aerosol Adhesives (Section 223.208)

The Agency proposes to add a section providi ng that, as specified in particular language in California statutes, “the standa rds for aerosol adhesives apply to all uses of aerosol adhesives,12

including consumer, industrial, and commercia l uses.” Prop. at 36 (proposed Section 223.208(a)), Statement at 15; see Prop., Att. B(o) (C AL . H EALTH AND S AFETY C ODE § 41712(h)(2) (2005)). In its second errata sheet, the Agency proposed to clarify that this California provision was incorporated by reference. Errata 2 at 4 (§4).

The proposed section continues by stating th at, subject to specified exceptions, “no person shall sell, supply, offer for sale, use or manufacture for sale in Illinois any aerosol adhesive which, at the time of sale, use, or manufacture, contains VOMs in excess of the specified standard.” Prop. at 36 (proposed S ection 223.208(a)), Statement at 15. In its third

errata sheet, the Agency proposed to strike an ina dvertently repeated cros s-reference to one of the stated exceptions. Errata 3 at 7 (§4); see Tr.2 at 56.

The Agency also proposes a subsection (b) providing that, in or der to qualify as a “Special Purpose Spray Adhesive,” a product must satisfy one or more of the proposed definitions of that term. Prop. at 36 (pr oposed Section 223.208(b)(1)), Statement at 15; see Prop. at 26-27 (proposed definition). The proposed subs ection (b) continues by providing that, “if the product label indicates that the pr oduct is suitable for use on a ny substrate or application not listed in the definitions for “Special Purpose Spra y Adhesive, then the product shall be classified as either a “Web Spray Adhesive” or a “Mist Sp ray Adhesive.” Prop. at 36-37 (proposed Section 223.208(b)(1)), Statement at 15-16. The Agency also proposes that, if a product meets more than one of the definitions of “Special Purpose Spray Adhesive” and is not classified as a “Web Spray Adhesive” or “Mist Spray Adhesive,” “t hen the VOC limit for the product shall be the lowest applicable VOM limit specified in Section 223.205(a) (Standards).” Statement at 16, Prop. at 37 (proposed Section 223.208(b)(2)).

The Agency also proposes a subsection (c ) stating that, effect ive January 1, 2009, “no person shall sell, supply, offer for sale, or manuf acture for use in Illin ois” aerosol adhesives containing any of three specified compounds . Prop. at 37 (proposed Section 223.208(c)), Statement at 16. The Agency also seeks to requir e that all aerosol adhesi ves must comply with proposed additional labeling requirements for aerosol adhesives, adhesive removers, electronic cleaner, electrical cleaner, ener gized electrical cleaner, and contact adhesives. Prop. at 37 (proposed Section 223.208(d)), Statement at 16; see Prop. at 43-44 (proposed Section 223.265 additional labeling requirements).

Requirements for Floor Wax Strippers (Section 223.209)

The Agency proposes to add a section providing that, on and after January 1, 2009, no person shall sell, supply, offer fo r sale, or manufacture for use in Illinois any floor wax stripper unless certain special labeling requi rements concerning dilution ratios are met.” Statement at 16, Prop. at 37 (proposed Section 223.209). Specificall y, non-aerosol floor wax stripper labels must specify, for light or medium build-up of polish, a dilution ratio resulti ng “in an as-used VOM concentration of three percent by weight or less.” Prop. at 37 (proposed Section 223.209(a)). Thos labels must require, for removal of heavy build-up, a dilution ratio “that results in an asused VOM concentration of 12% by weight or less.” Id . (proposed Section 223.209(b)). The Agency does not propose to require use of the specific terms “light build-up,” “medium build-13

up,” and “heavy build-up,” as long as labels use comparable terminology. Id . (proposed Section 223.209(c)).

Products Containing Ozone-Depleting Compounds (Section 223.210)

The Agency proposes to add a section provi ding that, for consumer products subject to VOM content standards, “no person shall sell, su pply, offer for sale, or manufacture for sale in Illinois any consume product wh ich contains any of” fifteen specified ozone-depleting compounds. Prop. at 37-38 (proposed Section 223.210(a)), Statement at 16; see Prop. at 29-35 (proposed standards). The Agency also propos es to provide exceptions for “any product formulation existing as of January 1, 2009, that complies with Section 223.205(a) [Standards] or is reformulated to meet Section 223.205(a), pr ovided the ozone-depleting compound content of the reformulated product does not increase. ” Prop. at 38 (proposed Section 223.210(b)), Statement at 16-17. In addition, the Agency pr oposes language providing that the prohibition does not apply “to any ozone depleting compoun ds that may be present as impurities in a consumer product in an amount equal to or less than 0.01% by weight of the product.” Prop. at 38 (proposed Section 223.210(c)), Statement at 17.

Requirements for Charcoal Li ghter Material (Section 223.220)

The Agency proposes to add a section providing that, on and after January 1, 2009, no person shall sell, supply, or offer for sale charcoal lighter material, unless the material at the time

of the transaction has an eff ective CARB certification under a sp ecified California regulation. Prop. at 38 (proposed Section 223.220(a)), Statement at 17; see Prop., Att. B(n) (C AL . C ODE
R EGS . tit. 17, § 94509(h) (2005)). In its second errata sheet, the Agency clarified that this California provision was incorporated by reference. Errata 2 at 4-5 (§5). The Agency also seeks to clarify that “[t]his certifi cation remains in effect for Il linois for as long as the CARB

certification remains in effect.” Prop. at 38, Statement at 17.

The Agency also proposes language providing that, as an alternat ive, “the person may

demonstrate that at the time of the transaction th e manufacturer had been issued a certification by an air pollution agency of anot her state and the USEPA that wa s current at the time of the transaction.” Prop. at 39 (proposed Section 223.2 20(b)), Statement at 17. Finally, the Agency also proposes that a manufactur er claiming to have this certif ication must submit, at the Agency’s request, “a copy of the certification decision, including al l conditions applicable to the certification established by CARB or the air pollution ag ency of another state and the USEPA.” Prop. at 39 (proposed Section 223.220(c)), Statement at 17.

Exemptions (Section 223.230)

The Agency seeks to add a section listing cate gories of products that are exempt from the proposed regulation. Prop. at 39-40 (proposed S ection 223.230), Statement at 17. First, the Agency proposes to exempt “any consumer produc t manufactured in Illin ois 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 reasonabl e, prudent precautions to assure that the consumer product is14

not distributed to Illinois.” Prop. at 39 (pr oposed Section 223.230(a)), Statement at 17. Second, the Agency proposes that, “[f]or antiperspirants or deodorants, ethanol sha ll not be considered a medium volatility organic material (MVOM) for purposes of the content standards specified in Section 223.205(a).” Prop. at 39 (proposed Section 223.230(b)), Statement at 17: see Prop. at 29-35 (proposed Section 223.205 standards). Third, the Agency seeks to provide that the VOM content limits “shall not apply to fragrances up to a combined level of two percent by weight contained in any consumer produc t and shall not apply to colorants up to a combined level of two percent by weight contained in any antiperspirant or deo dorant.” Prop. at 39 (proposed Section 223.230(c)), Statement at 17-18. Fourth, th e Agency also seeks to provide that the VOM content limits “for antip erspirants and deodorants shall no t apply to those volatile organic

materials that contain more than 10 carbon atoms per molecule and for which the vapor pressure is unknown, or that have a vapor pressure of two mm Hg or less at 20oC.” Prop. at 39 (proposed Section 223.230(d)), Statement at 18.

Fifth, the Agency proposes that the VOM content limits “shall not apply to any LVPVOM [Low Vapor Pressure – Volatile Organi c Material].” Prop. at 39 (proposed Section 223.230(e)). In responding to a que stion at the first hearing, Mr . Davis indicated that, if a product contains other types of VOM, it is still subj ect to the VOM standards. Tr.1 at 32. Sixth, the agency seeks to provide th at the product dating requirements of the proposal do not apply to consumer products regulated under FIFRA. Prop. at 39 (proposed Section 223.230(f)), Statement at 18; see Prop. at 41-42 (proposed Section 223.250 product dating provisions), Prop., Att. B(s) (FIFRA). Seventh, the Agency propos es to exempt from VOM content limits “ air fresheners that are comprised entirely of fragran ce, less compounds not defined as VOMs under Section 211.7150 or exempted under subsection 223.230(f).” Prop. at 39 (proposed Section 223.230(g)), Statement at 18; see 35 Ill. Adm. Code 211.7150 (defining VOM or VOC).

Eighth, the Agency also proposes to exem pt from VOM content limits “insecticides containing at least 98% para-d ichlorobenzene.” Prop. at 39 (proposed Section 223.230(h)), Statement at 18. Ninth, the Agency offers an exemption from VOM content limits for

“adhesives sold in containers of one fluid ounce or less.” Prop. at 40 (proposed Section 223.230(i)), Statement at 18. Tent h, and finally, the Agency propos es to exempt “bait station

insecticides” from VOM content limits. Prop. at 40 (proposed Section 223.230(j)). For the purpose of this section, the proposal defines “bait station insectic ides” as “containers enclosing

an insecticidal bait that is not more than 0.5 ounce by weight, where the bait is designed to be ingested by insects and is composed of solid ma terial feeding stimulants with less than five percent active ingredients.” Prop. at 40, Statement at 18.

Innovative Product Exemption (Section 223.240)

The Agency proposes to add a section pr oviding an innovative pr oduct exemption, which allows “qualified manufacturers to sell products that have VOC contents greater than the applicable VOC limit, provided they demonstr ate that such products actually emit less VOCs than representative products that comply with the VOC limit.” TSD at 19 (§2.4 Flexibility in Compliance Measures), Statement at 10. The Ag ency claims that, in both California and the OTC states, “various manufacturers have formul ated technologically-advan ced products that are more concentrated, higher in efficacy, or have some other chemical or physical properties that15

permit users to release less VOCs when using su ch products.” Statement at 10, TSD at 19-20, citing Prop., Att. A(6) at 61, 222 (Initial Statement of Reasons fo r Proposed Amendments to the

California Consumer Products Regulations (Sept. 10, 1999)).

The Agency’s proposal provides that a manuf acturer of consumer products granted an Innovative Product exemption by CARB according to sp ecific regulations sh all be exempt from the VOM content limits for the time the exemption remains in effect, provided that all consumer products within the CARB Innovative Products ex emption are contained in the proposal’s content limits. Prop. at 40 (proposed Section 223.240(a)), Statement at 18-19; see Prop., Att. B(q) (C AL . C ODE R EGS . tit. 17, § 94511 (1997)), Prop., Att. B(r) (C AL . C ODE R EGS . tit. 17, § 94503.5 (1996)). In its second errata sheet, the Agency proposed to clarify that the applicable California regulations were in corporated by reference. Errata 2 at 5 (§6). The Agency also proposes that manufacturers claiming this exem ption must submit to the Agency the CARB decision granting the exemption, including all app licable conditions established by CARB. Prop. at 40, Statement at 19.

The Agency also seeks special recordkeeping requirements. The Agency proposes to require that all information specified in the ap proval of the innovative product exemption “shall be maintained by the responsible party for a mini mum of three years after the expiration of such exemption.” Prop. at 40 (proposed Section 223.240( b)(1)), Statement at 19. The Agency also proposes to require that “[s]uch records shall be clearly legible and main tained in good condition during this period.” Prop. at 40, Statement at 19. Finally, the Agency also offers language providing that these records “s hall be made available to th e Agency, or its authorized representative, upon request.” Prop. at 40 (p roposed Section 223.240(b)(2)), Statement at 19.

Alternative Compliance Plans (Section 223.245)

The Agency proposes to add a section pr oviding for an alterna tive compliance plan (ACP), which allows “for approved manufactur ers of affected cons umer products to use emissions averaging for their product lines.” TSD at 20, Statement at 10. The Agency states that, generally,

emissions averaging under approved AC P plans allows manufacturers to choose

the least-cost or other adva ntageous reformulation options for its product lines. Rather than directly complying w ith the VOC limit for each product, manufacturers can choose to ‘overcomply’ with some reformulations in order to offset the ‘undercompliance’ of other pr oduct lines. TSD at 20, citing Prop., Att. A(6) at 222 (Initial Statement of Reas ons for Proposed Amendments to the California Consumer Products Regulati ons (Sept. 10, 1999)); Statement at 10-11.

The Agency’s proposal indicates that the purpos e of the ACP provisions is to provide an alternative method for compliance with VOM c ontent limits. Prop. at 40 (proposed Section 223.245(a)), Statement at 11, 19. Sp ecifically, the Agency proposes to allow responsible ACP parties the option of voluntarily entering into separate ACPs fo r consumer products and limits the option to those responsible partie s. Prop. at 40, Statement at 19; see Prop. at 24 (defining “Responsible ACP Party”).16

The Agency’s proposal provides that a manufact urer of consumer products that have been granted an ACP agreement by CARB according to spec ific regulations shall be exempt from the VOM content limits for the time the ACP agr eement remains in effect, provided that all consumer products used for emissions credits ar e contained in the proposal’s content limits. Prop. at 40-41 (proposed Section 223.245(b)), Statement at 19-20; see Prop., Att. B(p) (C AL

. C ODE R EGS . tit. 17, § 94540-55 (1996). In its second errata sheet, the Agency proposed to clarify that the Californi a regulations were incorporated by reference. Errata 2 at 5 (§7). The Agency also proposes that manufacturers claiming to have an ACP agreement must submit to the Agency the CARB decision on the ACP, includi ng all applicable c onditions established by CARB. Prop. at 41, Statement at 20.

The Agency also seeks special recordkeeping requirements. The Agency proposes to require that all information specified in the ap proval of the ACP “shall be maintained by the responsible ACP party for a minimum of three year s after the expiration of such ACP.” Prop. at 41 (proposed Section 223.245(c)(1)), Statement at 20. The Agency also proposes to require that “[s]uch records shall be clearly legible and maintained in good condition during this period.” Prop. at 41, Statement at 20. Finally, the Agency also offers language providing that these records “shall be made available to the Agency or its authorized representative upon request.” Prop. at 41 (proposed Section 223.240(c)(2)), Statement at 20.

Product Dating (Section 223.250)

The Agency proposes to add a new section regarding product dating. The proposal first requires that manufacturers of consumer products subject to VOM content limits “shall clearly display on each consumer product container or packag e, the day, month, and year on which the product was manufactured, or a code indicating such date.” Prop. at 41 (proposed Section 223.250(a)), Statement at 20. Second, the proposal provides a code for in dicating the date of manufacture and states that, if the code is separate from other codes on the product container so that it is easily recognizable, then the manufacturer need not comply with additional product dating requirements. Prop. at 41 (propos ed Section 223.250(b)), Statement at 20; see Prop. at 42 (proposed Section 223.255 Additional Product Dating Requirements).

Third, the Agency originally proposed that “[t] his date or code shall be displayed on each consumer product container or package no later than twelve months prior to the effective date of the applicable [VOM content] standard.” Prop. at 41 (proposed Sect ion 223.250(c)), Statement

at 20. In its third errata sheet, the Agency proposed instead to strike the words “twelve months prior to,” stating that it had inadvertently left this language in the proposal. Errata 3 at 7-8 (§5);

see Tr.2 at 56. Fourth, the Agency proposes langua ge regarding the location of the date or date code information on the container of the produc t. Prop. at 41-42 (proposed Section 223.250(d)), Statement at 20-21. Fifth, and finally, the Agency also proposes that these labeling requirements “shall not apply to products co ntaining no VOMs (as defined in Section 223.203), or containing VOMs at 0.10% by weight or less.” Prop. at 42 (proposed Section 223.250(e)), Statement at 21.

Additional Product Dating Requirements (Section 223.255)17

The Agency also proposes language establishing additional product labeling requirements. In its third errata sheet, the Agency proposed to cl arify this language by striking

the first two subsections it had originally proposed. Errata 3 at 8 (§6). The Agency stated that this language had been inadverten tly left in the proposed rule. Id. ; see Tr.1 at 18-21, Tr.2 at 56, Yost Test. at 6-7. As amended by the third errata sheet, the Agency’s proposal first provides that “[n]o person shall erase, alte r, deface, or otherwise remove or make illegible any date or code indicating the date of ma nufacturer from any regulated product container without the express authorization of the manufacturer.” Prop. at 42 (proposed Section 223.255(a)), Statement at 21. The same subsection also provid es that “[n]o manufactur er shall affix a date

code that is not true for the da te the item was manufactured.” Prop. at 42, Statement at 21. The Agency also proposes language providing that explanation of code s indicating date of manufacture “are public information and may not be claimed as confidential.” Prop. at 42 (proposed Section 223.255(b)), Statement at 21.

Most Restrictive Limit (Section 223.260)

The Agency proposes to add a section provi ding that, notwithstanding the definition of “product category,”

if anywhere on the principal display pa nel of any consumer product manufactured before January 1, 2009, or any FIFRA-regist ered insecticide manufactured before January 1, 2010, any representation is made that the product may be used as, or is suitable for use as, a consumer product fo r which a lower VOC limit is specified in Section 223.205(a), then the lowest VOC limit shall apply. Prop. at 42 (proposed Section 223.260(a)), Statement at 21-22.

The proposal further states that “[t]his requireme nt does not apply to ge neral purpose cleaners, antiperspirant/deodorant products and insectic ide foggers.” Prop. at 42, Statement at 22.

Similarly, the Agency proposes to provide that, notwithstanding the definition of “product category,”

if anywhere on the containe r or packaging of any consumer product manufactured on or after January 1, 2009, or any FIFRA -registered insectic ide manufactured on or after January 1, 2010, or on any stic ker or label affixed thereto, any representation is made that the product may be used as, or is suitable for use as, a consumer product for which a lower VOC li mit is specified in Section 223.205(a), then the lowest VOC limit shall apply. Prop. at 43 (proposed Section 223.260(b)), Statement at 21-22.

The proposal further states that “[t]his requireme nt does not apply to ge neral purpose cleaners, antiperspirant/deodorant products and insectic ide foggers.” Prop. at 43, Statement at 22.

Additional Labeling Requirements for Aerosol Adhesives, Adhesive Removers, Electronic Cleaners, Energized Electrical Cleaners, and Contact Adhesives (Section 223.265)18

The Agency proposes to add a section requiri ng that, in addition to the requirements of other specified sections of the proposal, “both th e manufacturer and responsible party for each aerosol adhesive, adhesive remover, electronic cleaner, electrical clean er, energized electrical cleaner, and contact adhesive produc t subject to this regulation” must ensure that all products clearly display five specific items of informa tion on product containers manufactured on or after January 1, 2009. Prop. at 43 (proposed Section 223.265( a)), Statement at 22. First, the container must display either the specific product category or an abbreviati on of it. Prop. at 43 (proposed Section 223.265(a)(1)), Statement at 22. Second, except for energized electrical cleaner, it must also display the applicable VOM standard for the product expresse d as a percentage by weight, unless the product is included in an ACP appr oved by the Agency and the product exceeds the applicable VOM standard. Prop. at 43 (pr oposed Section 223.265 (a)(2 )), Statement at 22-23.

Third, if the product is in cluded in an ACP approved by the Agency and the product exceeds the applicable VOM standard, it must be labeled with the term “ACP” or “ACP product.” Prop. at 43 (proposed Section 223.265(a )(3)), Statement at 23. Fourth, “[i]f the product is classified as a speci al purpose spray adhesive, the applicable substrate and/or application or an abbreviation of the substrate and/or applicati on that qualifies the product as special purpose shall be displa yed.” Prop. at 43 (proposed Sec tion 223.265(a)(4)), Statement at 23. Fifth, if a manufacturer or responsible party uses an abbrev iation as allowed by this section, then an explanation of that abbr eviation must be filed with the Ag ency before the abbreviation is used. Prop. at 43 (proposed Sect ion 223.265(a)(5)), Statement at 23.

In addition, the Agency proposes language regarding the location of this required information on the container of the product. Prop. at 44 (proposed Section 223.265(b)), Statement at 23. Finally, the Agency also proposes language forbidding any person from removing, altering, concealing, or defacing the info rmation required in Section 223.265(a) before the final sale of the product. Prop. at 44 (p roposed Section 223.265(c)), Statement at 23.

Reporting Requirements (Section 223.270)

In its original proposal, the Agency sought to require that responsib le parties must submit specified information to the Agency within 30 da ys of a request. Prop. at 44 (proposed Section 223.270(a)), Statement at 23. In its second errata sheet, responding to concerns voiced by members of the public, the Agency proposed to clarif y that this information is due to the Agency within 90 days of a request. Errata 2 at 5-6 (§8); see Yost Test. at 7-8, Tr.1 at 13-16, 35.

The specified information first includes “[ t]he name, address, and telephone number of the responsible party and name and telephone number of the part y’s designated contact person.” Prop. at 44 (proposed Section 223.270(a)(1)), Statement at 23. Second, for each product subject to VOM content standards at the proposed Section 223.205(a), the info rmation includes the product brand name, product label, product ca tegory, applicable product form(s) listed separately, and identification of the product as a household product, institutional product, or both. Prop. at 44 (proposed S ection 223.270(a)(2)(A-E)), Statement at 23-24. Third, the responsible party must submit “[ s]eparate Illinois sales in pounds per year, to the nearest pound,

and the method used to calculate Illinois sales for each product form.” Prop. at 44 (proposed Section 223.270(a)(3)), Statement at 24.19

Fourth, regarding information submitted by multiple companies, the responsible party must submit “an identification of each company which is submitting relevant data separate from that submitted by the responsible party. All information from each company shall be submitted by the date requested by the Agency.” Prop. at 44 (proposed Section 223.270(a)(4)), Statement at 24. Fifth, for each product brand name and form , the required information includes the net percent by weight of th e total product, less cont ainer and packaging and rounded to the nearest one-tenth of a percent, of the following: total section 223.205(a) compounds; total LVP-VOMs that are not fragrances; total all other carbon-c ontaining compounds that ar e not fragrances; total all non-carbon-containing compound s; total fragrance; for produc ts containing greater than two percent by weight fragrance, both the percentage of fragra nce that are LVP-VOMs and the percent of fragrance that are all other carbon-containing compounds; and total parachlorobenzene. Prop. at 44-45 (proposed Section 223.270(a)(5)(A-G)), Statement at 24.

Sixth, the required information also includes, for each product brand name and form, “the identity, including the specific chemical names a nd associated Chemical Abstract Service (CAS) number” of each Section 223.205(a) compound and each LVP-VOM that is not a fragrance. Prop. at 45 (proposed Section 223.270(a)(6)), Stat ement at 24. Seventh, the responsible party must also submit, if a product includes a prope llant, both “[t]he weight percent comprised of propellant for each product; and [a]n identification of the type of propellant, such as Type A, Type B, or Type C, or a blend of the di fferent types.” Prop. at 45 (proposed Section 223.270(a)(7)), Statement at 24.

The Agency also proposes a subsection (b) pr oviding that, in addition to the requirements of the proposed subsection (a)(6), “the responsible party shall repor t or arrange to have reported to the Agency, the net percent by weight of each ozone-depleting compound which is: “[l]isted in Section 223.210(a) [Products Containing Ozone -Depleting Compounds]; and contained in a product subject to reporting under subsection (a) of this Section in any amount greater than 0.1% by weight.” Prop. at 45 (pr oposed Section 223.270(b)), Statement at 25. In its first errata sheet, the Agency proposed to clarify that this info rmation on ozone-depleting compounds has only to be submitted to the Agency upon request. Errata 1 at 1 (§1). The Agency stated that “[i]t was not intended that companies should be required to provide this informa tion without a request

from the Illinois EPA.” Id

.

Finally, the Agency proposes language requir ing that, “[i]n additi on, all manufacturers must submit the information requested in subs ection (a) and (b) above upon commencement of the selling of each such product in Illinois. ” Prop. at 45 (proposed Section 223.270(c)),

Statement at 25. In its first errata sheet, the Agency proposed to clarify that this information has needs to be submitted to the Agency only upon request. Errata 1 at 1-2 (§2). The Agency stated that “[i]t was not the intention of the Illinoi s EPA to require every manufacturer to submit information every time they sell a new product in Illinois.” Id

.

Special Reporting Requirements for Consumer Products that Contain Perchloroethylene or Methylene Chloride (Section 223.275)20

The Agency proposes to add a new sec tion establishing special recordkeeping requirements. The Agency offers language statin g that this provision appl ies to all responsible parties for consumer products that are subjec t to Section 223.205(a) [Standards] and contain perchloroethylene or methylene chloride and Ener gized Electrical Cleaners as defined in Section 223.203 that contain perchloroethylene or methylene chloride. Prop. at 46 (proposed Section 223.275(a)), Statement at 25. The proposal also stat es that “[f]or the purposes of this Section, a product ‘contains perchloroethylene or methylene ch loride’ if the product c ontains 1.0 percent or more by weight (exclusive of the contained or packaging) of either perchloroethylene or methylene chloride.” Prop. at 46, Statement at 25.

The Agency proposes to require that, for each consumer product that contains perchloroethylene or methylene chloride, the re sponsible party must re port to the Agency the following information for products sold in Illinoi s: product brand name and label with legible use instructions; product category; applicable produc t form(s) (listed separately); for each listed product form, total sales in Illin ois during the calendar year to the nearest pound, exclusive of the container or packaging, and the method used to calc ulate Illinois sales; and the weight percent of perchloroethylene and methylene chloride in the consumer product, to the nearest 0.10 percent. Prop. at 46 (proposed Section 223.275(b)), Statement at 25-26. In its second errata sheet, responding to concerns voiced by members of the pub lic, the Agency proposed to clarify that this information is due to the Agency within 90 days of a request. Errata 2 at 6 (§9); see Tr.1 at 16-

18.

Calculating Illinois Sales (section 223.280)

The Agency proposes to add a section providing in its entirety that, “[ i]f direct sales data for Illinois are not available, sales may be estima ted by prorating national or regional sales data by population.” Prop. at 46 (proposed new Section 223.280), Statement at 26.

Test Methods (Section 223.285)

In this proposed new section, the Agency first seeks to provide that “[t]esting to determine compliance with the requirements of th is Subpart [B] shall be performed using CARB Method 310, Determination of Volatile Organi c Materials (VOM) in Consumer Products, adopted September 25, 1997, and as last amended on May 5, 2005, which is incorporated by reference in Section 223.120.” Prop. at 46 (p roposed Section 223.285(a), Statement at 26; see Prop., Att. B(l) (Method 310 last amended May 5, 2005). The Agency also proposes that compliance may be demonstrated through calculation of the VOM content from records of the amounts of constituents used to make the produ ct, if the demonstration is made according to specified criteria. Prop. at 46-47 (propos ed Section 223.285(b)(1-5)), Statement at 26.

The Agency also proposes language providi ng that “[t]esting to determine whether a product is a liquid or solid shall be performe d using ASTM D4359-90, which is incorporated by reference at Section 223.120, or an equivalent method approved by the CARB.” Prop. at 47 (proposed Section 223.285(c)); see Prop., Att. B(f)(9) (ASTM D4359-90 reapproved 2006). In

its second errata sheet, the Agency proposed “to correct the citation to the ASTM and reconcile21

it with the newer version which wa s incorporated by reference. Errata 2 at 6 (§10); see Tr.1 at 32; see also Errata 3 at 9 (§7) (same proposed correction).

The Agency also proposes that “[t]esting to determine compliance with the cer tification requirements for charcoal lighter material shall be performed using the procedures specified in the SCAQMD Test Protocol Rule 1174 Ignition Method Compliance Certification Protocol dated February 28, 1991, which is incorporated by reference in Section 223.120.” Prop. at 47 (proposed Section 223.285(d)); see Prop., Att. B(m) (Rule 1174).

In addition, the Agency originally proposed th at “[t]esting to determ ine distillation points of petroleum distillate-based charcoal lighter materials sha ll be performed using ASTM D86- 04b, 2004 edition, which is incorporated by refe rence in Section 223.120, or an equivalent method approved by the CARB.” Prop. at 47 (p roposed Section 223.285(e)). In its third errata sheet, the Agency proposed “to co rrect the citation to the ASTM [86-07b, 2007] and reconcile it

with the newer version which wa s incorporated by reference.” Errata 3 at 9 (§7); see Tr. 2 at 56- 57. Above, the Board noted that the Agency in its third errata sheet proposed to add to the materials incorporated by refe rence ASTM D86-07b, approved 2007. Errata 3 at 3-4; see supra at 7.

Subpart C: Architectural and Industrial Maintenance Coatings

USEPA now regulates AIM coa tings through rules codified at 40 C.F.R Part 59, Subpart D. TSD at 39 (noting authority under Section 183(e) of the Clean Air Act). “Emissions of VOM from this source category occur when the solvent carrying coating material evaporates and leaves the coating material on the surface during applica tion and drying.” TSD at 34, Statement at 7.

“The current federal rule is estimated to reduce VOM emissions from AIM coatings by approximately 20% from uncontrolled levels.” TSD at 39. The Agency proposes to separate this source category into 49 coating categories, each with a specific VOM content limit. TSD at 35- 37 (Table 3.2.1 AIM Coating Categories and VO M Limits), Statement at 7-8, Prop. at 56-59 (proposed Section 223.310).

For the purposes of the Agency’s proposal, an AIM coating “is a coating to be applied to stationary structures or the appur tenances at the site of installa tion, to portable buildings at the site of installation, to pavements, or to curbs.” TSD at 34 (Descr iption and Sources of Emissions), Statement at 7. Also for purposes of the proposal, “[c]oa tings applied in shop applications or to non-stationary structures su ch as airplanes, ships, boats, railcars, and automobiles, and adhesives are not considered “Architectural Coatings.” TSD at 34, Statement at 7. The Agency states that “AIM coatings are used to protect and beautify homes, office buildings, factories, pavements, curbs and on a variety of surfaces inside and outside of such structures as metal, wood, plastic, concrete, a nd wallboard. AIM coatin gs are applied by brush, roller, or spray gun, and are applied by consumers, contractors, or maintenance staff.” TSD at 34, Statement at 7.

The Agency states that it prepared a comprehensive inventory of VOM emissions

attributable to VOM both statewide and in the NAAs. TSD at 38, citing Prop., Att. A(2) (Illinois Periodic Emission Inventory and Milestone Demonstration for 2002, November 2004); see Prop.,22

Att. A(15) (Illinois Base Year Ozone Inventor y for 2002 (June 2006)). These data show that, “[i]n Illinois, AIM coatings emissions acc ount for approximately 4.30% of the total anthropogenic VOM emissions during the ozone season, and approximately 3.97% of all anthropogenic VOM emissions in Illinois for the en tire year. TSD at 34, citing Prop., Atts. A(2), A(15); Statement at 8. In the Metro Eas t/St. Louis NAA, AIM Coatings account for approximately 4.28% of total anthropogenic VOM emissions during the ozone season and approximately 3.20% of those emissions for the entire year. TSD at 34-35, 38, Statement at 8. In the Chicago NAA, AIM coatings account for approximately 8.01% of total anthropogenic VOM emissions during the ozone season and appr oximately 6.26% of those emissions for the entire year. TSD at 34-35, 38, Statement at 8. AIM coatings are estimated to emit 71.10 tons of VOM per day in Illinois during the ozone season and to emit 58.14 tons per day over the entire year. TSD at 38 (Table 3.2.2).

The Agency states that “[t]he most eff ective approach for reducing emissions of VOM from AIM coatings is reformulation of the co atings themselves.” TSD at 39. The Agency

indicates that this reformul ation could involve “using water based formulations, using formulations employing acetone or other exempt solvents, or increasing the coating material content of the coating.” Id

.

The Agency estimates that adoption of its proposed rule “would re sult in a reduction of VOM emissions of 21% beyond the current federal regulation.” Statement at 8 (citing MACTEC figures), TSD at 45. “Adoption of the proposed regulation will account for the reduction of 12.21 tons of VOM per day or 4,456 tons of VOM annually.” Statement at 8, TSD at 45, citing Prop., Att. A(3). This represen ts “a reduction of nearly 1% of the total anthropogenic VOM

emissions in the State.” TSD at 45.

At the second hearing, the Board heard testimony from Mr. Dave Carey of W.R. Meadows, Inc., a manufacturer of products us ed in commercial c onstruction, including architectural coatings and waterproofing membrane s. Tr.2 at 48. Mr. Carey stated that, with different requirements in effect in various pa rts of the country, “there are significant costs associated with reformulating products, retrof itting and changing equipment, and one of the things that hurts us as a company is inconsistenc y from one region of the country to the next.”

Id . at 48-49. Mr. Carey noted that there are two factors leading his industry to reduce VOC content in its products. First, he stated that the cost of so me solvents have increased by 100

percent. Id . at 49-50. Second, he indicated that bu ilders increasingly seek environmentally friendly products. Id . at 50. Mr. Carey concluded by asking the Agency to consider waiting for a federal rule, “especially if it’s going to be more restrictive than the Illinois rule and it would preempt the Illinois rule,” which would simplify the transition for industry. Id . at 49-50.

Purpose (Section 223.300)

The Agency proposes to add a section providing in its entirety that “[t]he purpose of this Subpart [C] is to limit emissions of VOMs by requiring reductions in the VOM content of architectural and industrial maintenance coatings and required work practices to minimize VOM emissions in the application of architectural a nd industrial maintenance coatings to surfaces.” Prop. at 48 (proposed new Section 223.300), Statement 26.23

Applicability (Section 223.305)

The Agency proposes to add a section providing that “[t]his Subpart [C] is applicable to any person who supplies, sells, offers for sale, or manufacturers (sic) an y architectural coating for use within the state of Illinois, as well as a ny person who applies or solicits the application of any architectural coating within Illinois.” Prop. at 48 (proposed Sect ion 223.305), Statement at 26-27. The Agency also proposes language provid ing that Subpart C does not apply to three specific categories of coating products: architec tural coatings sold or manufactured for use outside of Illinois “or for shipment to other manufacturers for reformulation or repackaging;” aerosol coating products; and architectural coatings sold in a container wi th a volume of one liter or less. Prop. at 48 (proposed S ections 223.305(a-c)), Statement at 27.

Definitions for Subpart C (Section 223.307)

The Agency proposes to add a section defini ng terms applicable to Subpart C. Prop. at 48-56 (proposed Section 223.307), Statement at 27. The Agency also proposed to include language providing that, “[u]nless ot herwise defined herein, the defini tions of terms used in this Subpart [C] shall have the meanings specified fo r those terms in 35 Ill. Adm. Code Part 211.” Prop. at 48, Statement at 27; see 35 Ill. Adm. Code 211 (defin itions and general provisions applicable to emission standards and limitations for stationary sources).

In its second errata sheet, the Agency proposed technical changes. Errata 2 at 6-7. Among them, the Agency in five definitions change d the term “Part” to “Subpart” to clarify the applicability of those definitions. Errata 2 at 6-7 (§12). The Agency also clarified that two

ASTM methods included in the de finition of “nuclear coating” ar e incorporated by reference. Id

. at 7 (§13); see Prop. at 3-6 (proposed new Section 223.120).

In a written public comment, NPCA stated th at it had responded to the Agency’s draft rulemaking proposal by requesting that the Agency “include additional definitions and limits for specific specialty coatings” in orde r to be consistent with sources including the OTC model rule. PC 2 at 1. NPCA indicated that, although IEPA made suggested changes, it inadvertently had not added a definition and limits applicab le to “concrete surface retarder.” Id . NPCA requested that this language be added to various sect ions of Subpart C of the Agency’s proposal. Id .; see Tr.2 at 42-43. Also, at the second hearing, the hearing officer noted th at the definition of “nuclear coating” refers to two ASTM methods, different versions of which appeared to be incorporated by reference in Section 223.120 of the Agency’s proposal. Tr.2 at 57.

In its third errata sheet, the Agency proposed changes addressing these issues. First, the Agency proposed to correct references to thr ee ASTM methods “to clarify the definitions of

certain words.” Errata 3 at 9 (§8); see Prop., Att. B(f)(8) (ASTM E84-07, Standard Test Method for Surface Burning Characteristics of Building Materials, approved 2007), Prop., Att. B(f)(5) (ASTM Method D4082-02, Standard Test Method fo r Effects of Gamma Ra diation on Coatings for Use in Light-Water Nuclear Power Plan ts, approved 2002), Prop., Att. B(f)(4) (ASTM Method D3912-95, Standard Test Method for Chemi cal Resistance of Coatings Used in LightWater Nuclear Power Plants, reappr oved 2001). Also in the third errata sheet, the Agency24

proposed to add definitions of the terms “colora nt” and “lacquer” and, as requested by NPCA,

the term “concrete surface retarder.” Errata 3 at 10 (§9); see PC 2 at 1.

Standards (Section 223.310)

The Agency proposes to add a section stati ng that, except as provi ded in subsection (c) regarding most restrictive VOM limits, “no pers on shall manufacture, bl end, or repackage for sale in Illinois, or solicit for application or apply within Illinois, a ny architectural coating manufactured on or after January 1, 2009, which c ontains a VOM content in excess” of specified limits. Prop. at 56-59 (proposed Section 223.310(a)), Statement at 27, TSD at 35-37 (Table 3.2.1 AIM Coating Categories and VOM Limits). In a public comment file d January 22, 2008, NPCA suggested that Agency amend the VOM content of 450 grams per liter for nuclear coatings in

order to be consistent with sources in cluding the OTC model rule. PC 1 at 2; see Tr.2 at 42-43.

In its first errata sheet, the Agency proposed to correct the listed VOM content limit for nuclear coatings to reflect an amended OTC model rule. Errata 1 at 2 (§3). In a public comment filed May 19, 2008, NPCA requested that, in addition to adding a definition of “concrete surface retarder,” the Agency also amend its proposal to include a VOM content limit for that category of 780 grams per liter. PC 2 at 1. In its third errata sheet, the Agency proposed to add this limit.

Errata 3 at 10 (§10).

The proposal expresses VOM content limits in terms of both grams per liter and pounds per gallon. Prop. at 56. The proposed subsectio n includes a Board Note stating that one pound of VOM per U.S. gallon is equal to 119.95 grams per liter. Id . at 59. The proposal also states that “[l]imits are expressed in grams of VOM pe r 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 th e label or lid of the coating container.” Prop. at 59 (proposed Section 223.310(b).

The Agency also proposes that,

[i]f anywhere on the container of any archit ectural coating, or a ny label or sticker affixed to the container, or in any sale s, advertising, or t echnical literature supplied by a manufacturer or anyone acti ng on their behalf, any representation is made that indicates that the coating meet s the definition of or is recommended for use for more than one of the coating categories listed in Section 223.310(a), then

the most restrictive VOM content limit sh all apply. Prop. at 59 (proposed Section 223.310(c)), Statement at 28.

The Agency also seeks to provide that this “Most Restrictive VOM Li mit” provision does not apply to 20 specified categories of coatings. Prop. at 59-60, Statement at 28. In its public comment filed May 19, 2008, NPCA requested that th e category of concrete surface retarder be added to the list of categories exempt from this provision. PC 2 at 1. In its third errata sheet, the Agency proposed to add concrete surface retarded as the 21st exempt category. Errata 3 at 10 (§11).25

The Agency proposes a number of additio nal subsections pertaining to VOM content limits. The proposal provides that architectural co ating containers such as drums, buckets, cans, pails, and trays used to apply their contents “directly from the c ontainer by pouring, siphoning, brushing, rolling, padding, ragging, or other means, sh all be closed when not in use.” Prop. at 60 (proposed Section 223.310(d)), Statement at 27. The Agency also proposed language providing that “[n]o person who applies or solicits the appl ication of any architectu ral coating shall apply a coating that is thinned to exceed the applicab le VOM limit specified in Section 223.310(a).” Prop. at 60 (proposed Section 223.310(e)), Statement at 27. The Agency also proposes to address rust preventive coati ngs by providing that no person shall apply them or solicit their application “for industrial use un less such a rust preventive co ating complies with the industrial maintenance coating VOM limit specified in Section 223.310(a).” Prop. at 60 (proposed Section 223.310(f)), Statement at 27. If another Subpart also regulates that coating, then the more restrictive limit applies. Prop. at 60. The Agency also offers a provision for determining the VOM content limit of a coating that does not meet any of the definitions for the special coatings categories listed in Section 223.310(a). Prop. at 60-61 (proposed Section 223.310(g)), Statement

at 27.

Container Labeling Requirements (Section 223.320)

The Agency proposes to add a section requiri ng that each manufacturer of architectural coatings subject to Subpart C must include spec ified information “on the coating container (or label) in which the coating is sold or dist ributed.” Prop. at 61 (proposed Section 223.320), Statement at 28. First, the label, lid, or bottom of the coating cont ainer must include the date the coating was manufactured or a code representing that date. Prop. at 61 (proposed Section 223.320(a)), Statement at 28. This provision requir es that, “[i]f the manuf acturer uses a date code for any coating, the manufactur er shall file an explanation of each code with the Agency.” Prop. at 61. In its second errata sheet, the Agency proposed to clarify that manufacturers only have to submit explanations of date codes to the Agency upon request. Errata 2 at 7 (§15). “It was not intended that companies sh ould be required to provide this information without a request

from the Illinois EPA.” Id

.

Second, the proposal requires th at the label or lid of the c ontainer include “[a] statement

of the manufacturer’s recomme ndation regarding thinning of the coating.” Prop. at 61 (proposed Section 223.320(b)), Statement 28. The Agency pr oposes that “[t]his requirement does not apply to the thinning of architectural coatings with water. If thinning of the co ating prior to use is not necessary, the recommendation must specify that th e coating is to be applied without thinning.” Prop. at 61.

Third, the Agency seeks to require that “[e] ach container of any co ating subject to this rule shall display either the maximum or the act ual VOM content of the coating, as supplied, or the actual VOM content including the maximum thinning as recommended by the manufacturer.” Prop. at 61 (p roposed Section 223.320(c)), Statement at 28. The Agency proposes that “VOM content displayed shall be calculated using product formulation data, or shall be determined using the test met hods in subsection 223.340(b).” Prop. at 61; see Prop. at 65 (proposed Section 223.340(b) determining physic al properties of a coating). The Agency further proposes that “”[t]he equations in s ubsection 223.340(a) shall be used to calculate VOM26

content.” Prop. at 61; see Prop. at 64-65 (proposed Section 223.340(a) providing calculation of VOM content). The proposal requires displayi ng VOM content in grams of VOM per liter of coating. Prop. at 61. In its public comment filed January 22, 2008, NPCA acknowledged that the Agency had clarified that ”VOC Content” an d “VOM content” had the same meaning. PC 1 at 2. Based on the possibility of confusion over the two terms, NPCA requested that the Agency clarify that either “VOM Content” or “VOC Content” may be displayed. Id .; see Tr. 1 at 22-24.

In its second errata sheet, the Agency proposed language repeating and clarifying that the two terms have the same meaning. Errata 2 at 8 (§16).

Fourth, in addition to the preceding requireme nts, the Agency proposed to require that

manufacturers of industrial mainte nance coatings must display on the coating’s container one or more specific descriptions: “[f]or industrial us e only,” “[f]or professiona l use only,” and “[n]ot for residential use” or “[n]ot intended for re sidential use.” Prop. at 61 (proposed Section 223.320(d)(1-3)), Statement at 28. Fifth, the proposal w ould require that “[t]he labels of all clear brushing lacquers shall prominently display the statements ‘For brush application only,’ and ‘This product must not be thinned or spraye d.’” Prop. at 61 (proposed Section 223.320(e)), Statement at 28. Sixth, addressing rust preventive coatings, the Ag ency proposes to require that their labels “shall prominently display the statem ent ‘For Metal Substrates Only.’” Prop. at 62 (proposed Section 223.320(f)), Statement at 28-29.

Seventh, regarding specialty primers, s ealers, and undercoaters, the Agency would require that their labels display one or more sp ecific descriptions: “[f]or blocking stains,” “[f]or fire-damaged substrates,” “[f]or smoke-damaged s ubstrates,” “[f]or water-damaged substrates,” or “[f]or excessively chalky substrates.” Prop. at 62 (proposed Section 223.320 (g)(1-5)), Statement at 29. Eighth, the Agency proposes that “[t]he labels of all quick dry enamels shall prominently display the words ‘Quick Dry’ a nd the dry hard time.” Prop. at 62 (proposed Section 223.320(h)), Statement at 29. Ninth, the Agen cy also proposes that “[t]he labels of all non-flat high-gloss coatings shall prominently di splay the words ‘High Gloss.’” Prop. at 62 (proposed Section 223.320(i)), Statement at 29. Tenth, the Agency s eeks to require that, “[e]ffective January 1, 2 010, the labels of all Stone Consolid ants shall prominently display the

statement ‘Stone Consolidant – For Professiona l Use Only.’” Prop. at 62 (proposed Section 223.320(j)), Statement at 29.

Recordkeeping and Reporting Requirements (Section 223.330)

The Agency proposes to add a section prescribing recordkeeping and reporting requirements for six specific categories of co atings. Prop. at 62-64 (proposed Section 223.330), Statement at 29. First, the propos al requires manufacturers of clear brush lacquers, at the request of the Agency, to report “[t]he number of gallons of clear br ushing lacquer sold in the state during the preceding calendar year; and [t]he method used by the manufacturer to calculate state sales.” Prop. at 62 (proposed Section 223.330(a) (1-2)), Statement at 29. Second, the proposal requires manufacturers of rust prev entive coatings, at the request of the Agency, to report “[t]he number of gallons of rust preventive coatings sold in the state during the preceding calendar year; and [t]he method used by the manufacturer to calculate state sales.” Prop. at 62-63 (proposed Section 223.330(b)(1-2)), Statement at 29. Third, the proposal also requires manufacturers of specialty primers, sealers, and undercoaters, at the reque st of the Agency, to27

report “[t]he number of gallons of specialty primers, sealers, a nd undercoaters sold in the state during the preceding calendar year; and [t]he method used by the manufacturer to calculate state sales.” Prop. at 63 (proposed Section 223.330(c)(1-2)), Statement at 29.

Fourth, the proposal requires manufacturers of architectural coa tings that contain perchloroethylene or methylene ch loride to report the following information at the request of the Agency: “[t]he product name and a copy of the product label with the legible usage instructions,” “[t]he product category listed in Section 223.210(a) to whic h the coating belongs,” “[t]he total sales in Illinois during the calendar year to the nearest ga llon,” and “[t[he volume percent, to the nearest 0.10 pe rcent, of perchloroethylene an d methylene clhloride in the coating.” Prop. at 63 (proposed Sec tion 223.330(d)(1-4)), Statement at 29-30.

Fifth, the Agency also proposes requirements for manufacturers of recycled coatings.

Those manufacturers “must submit a letter to the Agency self-certifying their status as a Recycled Paint Manufacturer upon request of the Agency.” Prop. at 63 (proposed Section 223.330(e)(1)), Statement at 30. The proposal also requires recycled coati ngs manufacturers, at the request of the Agency, to report “[t]he number of gallons of recycled coatings sold in the state during the preceding calenda r year; and [t]he method used by the manufacturer to calculate state sales.” Prop. at 63 (proposed Section 223.330(e)(2)(A-B)), Statement at 30. Sixth, the proposal requires manufacturers of “Bituminous R oof Coatings” or “Bituminous Roof Primers” to report, at the request of th e Agency, “[t]he number of gallons of “Bituminous Roof Coatings”

or “Bituminous Roof Primers” sold in the stat e during the preceding calendar year; and [t]he method used by the manufacturer to calculate state sales.” Prop. at 64 (proposed Section 223.330(f)(1-2)), Statement at 30.

In its original proposal, the Agency sought to require that the affected manufacturers report the specified information “upon request of the Agency, within 30 da ys written notice.” Prop. at 62-64 (proposed Section 223.330). In its public comment filed January 22, 2008, NPCA expressed concern that these proposed reporting requirements are burdensome, “especially the requirements that reports would need to be provided within 30 days of written notice.” PC 1 at 1. NPCA claimed that these requirements originated with a 2000 CARB Suggested Control Measure (SCM) and that CARB deleted them from a subsequent SCM on the basis that “this information was no longer needed.” Id . In its second errata sheet, the Agency noted that the 30- day requirement generated public concern and clar ified “that companies have 90 days, not 30, to submit the pertinent informa tion to the Illinois EPA.” Errata 2 at 8-9 (§17).

Compliance Provisions and Test Methods (Section 223.340)

The Agency proposes to add a section pr oviding procedures for determining the VOM content of a coating in order to determine compliance with the VOM content limits at Section 223.310(a). Prop. at 64-65 (proposed Section 22 3.340(a)(1-2)), Statement at 30. With the exception of low solids coating, the equation at Section 223.340(a)(1) determines “the VOM content in grams of VOM per liter of coating thinned to the manufacturer’s maximum recommendation, excluding the volume of any water and exempt compounds.” Prop. at 64,

Statement at 31. For low solids coatings, the equation at Section 223.340(a)(2) determines “the VOM content in units of grams of VOM per liter of coating th inned to the manufacturer’s28

maximum recommendation, excluding the volume of any water and exempt compounds.” Prop. at 64-65, Statement at 31.

The Agency also proposes a Section 223.340( b) providing that, “[ t]o determine the physical properties of a coating in order to pe rform the calculations in subsection 223.340(a), the

reference method for VOM content is USEPA Me thod 24, incorporated by reference in Section 223.120, except as provided in subsections 223.350 [Alternative Test Methods] and 223.360 [Methacrylate Traffic Coati ng Markings].” Prop. at 65, see Prop., Att. B(c) (40 C.F.R. 60, Appendix A, Method 24, Determination of Volatil e Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings (July 1, 2006)).

The Agency also proposes to provide that “[a]n alternative me thod to determine the VOM content of coatings is SCAQMD Method 304-91 (Revised February 1996), incorporated by reference in Section 223.120.” Prop. at 65; see Prop., Att. B(g) (Sout h Coast Air Quality Management District (SCAQMD) Method 304 -91, Determination of Volatile Organic Compounds in Various Materials, revised February 1996). The Agen cy also proposes to provide that “[t]he exempt compounds content shall be determined by SCAQMD Method 303-91 (Revised August 1996),” which is also incorporated by reference. Prop. at 65; see Prop., Att. B(g)(2) (SCAQMD Method 303-91, Determination of Exempt Compounds, revised February 1993).

The Agency proposes that, “[t]o determ ine the VOM content of a coating, the manufacturer may use USEPA Method 24, or an e quivalent alternative method, as provided in Section 223.350, formulation data, or any other r easonable means for predicting that the coating has been formulated as intended ( e.g. , quality assurance checks, recordkeeping).” Prop. at 65, Statement at 32. The Agency also proposes, how ever, that, “if there are any inconsistencies between the results of a Method 24 test and any other means for determining VOM content, the Method 24 results will govern, except when an equivalent alternative method is approved as specified in Section 223.350.” Prop. at 65, Statement at 32.

The Agency also seeks to add language provi ding that “[t]he Agency may require the

manufacturer to conduct a Method 24 an alysis.” Prop. at 65, Statement at 32.

Alternative Test Methods (Section 223.350)

The Agency proposes to add a section providing in its entirety that “[o]ther test methods demonstrated to provide results that are accepta ble for purposes of determining compliance with subsection 223.340(b), after review and approved in writing by the Agency and the USEPA, may also be used.” Prop. at 65 (pr oposed Section 223.350), Statement at 32.

Methacrylate Traffic Coat ing Markings (Section 223.360)

The Agency proposes to add a section provi ding that “[a]nalysis of methacrylate multicomponent coatings used as traffic marki ng coatings shall be conducted according to a

modification of USEPA Method 24 . . . or an e quivalent method approved by the CARB.” Prop. at 65 (proposed Section 223.360), St atement at 32. The proposed language also provides that29

“[t]his method has not been approved for meth acrylate multi-component coatings used for purposes other than as traffic marking coatin gs or for other classes of multi-component coatings.” Prop. at 65, Statement at 32-33.

Test Methods (Section 223.370)

The Agency proposes to add a section listing test methods incorporat ed by reference and states that they “shall be used to test coatings subject to the pr ovisions of this Subpart [C]. Prop. at 65-67 (proposed Section 223.370(a-m)), Statement at 33.

In subsection (a), the proposal states that “[t]he flame spr ead index of a fire-retardant coating shall be determined by the ASTM Designation E 84-99, ‘Standard Test Method for Surface Burning Characteristics of Building Ma terials,’ (see Section 223.307, Fire Resistive Coating) or an equivalent method approved by the CARB.” Prop. at 66 (proposed Section 223.370(a)); see Prop., Att. B(f)(8) (ASTM E84-07 Sta ndard Test Method for Surface Burning Characteristics of Building Material s, approved 2007). In its second errata sheet, the Agency added language clarifying that th is test method had been incor porated by reference in Section

223.120. Errata 2 at 10 (§18). In its third errata sheet, the Agency proposed to amend this provision to refer to Method E 84-07, making it consistent with the method incorporated by

reference in Section 223.120. Errata 3 at 10 (§12).

In subsection (b), the proposal states that “[t]he fire-resistance ra ting of a fire-resistive coating shall be determined by ASTM designa tion E 119-98, ‘Standard Test Methods for Fire Tests of Building Construction Materials,’ (see Section 223.307, Fire-Resistive Coating) or an equivalent method approved by the CARB.” Prop. at 66 (proposed Section 223.370(b)); see Prop., Att. B(f)(1) (ASTM E119-05a, Standard Test Methods for Fire Tests of Building

Construction and Materi als). In its second errata sheet, the Agency added language clarifying that this test method had been incorp orated by reference in Section 223.120. Errata 2 at 10 (§18).

In subsection (c), the proposal states that “[t]he gloss of a coating shall be determined by ASTM Designation D 523-89 (1999), ‘Standard Test Method for Specular Gloss,’ (see Section 223.307, Flat Coating, Non-flat Coating, Non-flat – High-Glass Coating, and Quick Dry Enamel) or an equivalent method approved by the CARB. ” Prop. at 66 (proposed Section 223.370(c));

see Prop., Att. B(f)(2) (ASTM D 523-89, Standard Test Method for Specular Gloss (Reapproved 1999). In its second errata sheet, the Agency did not propose to add language clarifying that this test method had been incorporated by reference. See Errata 2 at 10 (§18).

In subsection (d), the proposal states that “[t]he metallic content of a coating shall be determined by SCAQMD Method 318-95, ‘Determinati on of Weight Percent Elemental Metal in Coating by X-Ray Diffraction, SC AQMD “Laboratory Methods for Analysis of Enforcement Samples,’ (see Section 223.207, Metallic Pigmented Coating).” Prop. at 66 (proposed Section 223.370(d)); see Prop., Att. B(i) (SCAQMD Method 318-9 5, Determination of Weight Percent Elemental Metal in Coating by X-Ray Diffraction, approved August 10, 1998). In its second

errata sheet, the Agency added language clarifying that this test method had been incorporated by reference in Section 223.120. Errata 2 at 10 (§18).30

In subsection (e), the proposal states that “[t]he acid c ontent of a coating shall be determined by ASTM Designation D 1613-96, ‘Standa rd Test Method for Acidity in Volatile

Solvents and Chemical Intermediates Used in Paint, Varnish, Lacque r and Related Products,’ (see Section 223.307, Pre-Treatment Wash Primer) or an equivalent method approved by the CARB.” Prop. at 66 (proposed Section 223.370(e)); see Prop., Att. B(f)(7) (ASTM Designation D 1613-03, ‘Standard Test Method for Acidity in Vo latile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer and Related Products). In its second errata sheet, the Agency added language clarifying that th is test method had been incor porated by reference in Section

223.120. Errata 2 at 10 (§18). At the second hearing, the hearing officer noted that this subsection and Section 223.120 appeared to refer to di fferent editions of this test method. Tr.2 at

58-59. In it third errata sheet, the Agency proposed to amend this subsection to refer to ASTM Designation D 1613-03. Errata 3 at 10-11 (§12).

In subsection (f), the proposal states that

[t]he set-to-touch, dry-hard, dry-to-touch, and dry-to-recoat times of a coating shall be determined by ASTM Designation D 1640-95, ‘Standard Methods for Drying, Curing, or Film Formation of Orga nic Coatings at Room Temperature,’ (see Section 223.307, Quick-Dry Enamel a nd Quick-Dry Primer, Sealer, and Undercoater). The tack free time of a quick-dry enamel coating shall be determined by the Mechanical Test Me thod of ASTM Designation D 1640-95 or an equivalent method approved by the CARB. Prop. at 66 (proposed Section 223.370(f)); see Prop., Att. B(f)(3) (ASTM Designation D1640-03, Standard Methods for Drying, Curing, or Film Form ation of Organic Coatings at Room Temperature, approved December 1, 2003).

In its second errata sheet, the Agency added language clarif ying that this test method had been incorporated by refere nce in Section 223.120. Errata 2 at 10-11 (§18). At the second hearing, the hearing officer noted that this subsection and specific definitions appeared to refer to

different editions of this test method. Tr.2 at 59. In it third errata sheet, the Agency proposed to amend this subsection to refer to ASTM Designation D 1640-03. Errata 3 at 11 (§12).

In subsection (g), the proposal states that “[t]he chalkiness of a surface shall be determined using ASTM Designation D 4214-98, ‘S tandard 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 approve d by the CARB.” Prop. at 66 (proposed Section 223.370(g)); see Prop., Att. B (ASTM Designation D 4214- 98, Standard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films). In its second errata sheet, the Agency added language clarifying that this test method had been incorporated by reference in

Section 223.120. Errata 2 at 11 (§18).

In subsection (h), the proposal states that

[e]xempt compounds that are cyclic, bran ched, or linear, completely methylated siloxanes, shall be analyzed as exem pt compounds for compliance with Section31

223.340 by BAAQMD Method 43, ‘Determination of Volatile Methylsiloxanes in Solvent-Based Coatings, Inks, and Re lated Materials,’ BAAQMD Manual of Procedures, Volume III, adopted November 6, 1996, (see Section 223.307 Volatile Organic Material and subsec tion 223.340(b)). Prop. at 66-67 (proposed Section 223.370(h)); see Prop., Att. B(j) (Bay Area Air Quality Management District (BAAQMD) Method 43, Determina tion of Volatile Methylsiloxanes in Solvent-Based Coatings, Inks, and Re lated Materials, amended May 18, 2005).

In its second errata sheet, the Agency added language clarif ying that this test method had been incorporated by refere nce in Section 223.120. Errata 2 at 11 (§18). At the second hearing, the hearing officer noted that this subsection and Section 223.120 appeared to refer to different

versions of this method. Tr.2 at 59. In it third errata sheet, the Agency proposed to amend this

subsection to refer to the version adopted May 18, 2005. Errata 3 at 11 (§12). Also at the second hearing, the hearing officer noted that the proposed subsection refers to a definition of “volatile organic material” in a section in whic h it is not defined. Tr.2 at 59. In its third errata sheet, the Agency proposed to amend the refe rence to a definition of “VOM content.” Errata 3 at 11 (§12).

In subsection (i), the proposal states that

“[t]he exempt compound par achlorobenzotrifluoride sh all be analyzed as an exempt compound for compliance with Section 223.400 by BAAQMD Method 41, ‘Determination of Volatile Organic Compounds in Solvent-Based Coatings and Related Materials Containing Pa rachlorobenzotrifluoride,’ BAAQMD Manual of Procedures, Volume III, adopted December 20, 1995, (see Section 223.307 Volatile Organic Material, a nd subsection 223.340(b)). Prop. at 67 (proposed Section 223.370(i)); see Prop., Att. B(k) (BAAQMD Method 41, Determination of Volatile Organic Compounds in Solvent-Based Coatings and Related Materials Containing Parachlo robenzotrifluoride, amended May 18, 2005).

In its second errata sheet, the Agency added language clarif ying that this test method had been incorporated by refere nce in Section 223.120. Errata 2 at 11 (§18). At the second hearing, the hearing officer noted that this subsection and Section 223.120 appeared to refer to different

versions of this method. Tr.2 at 59. In it third errata sheet, the Agency proposed to amend this

subsection to refer to the version adopted May 18, 2005. Errata 3 at 11 (§12). In the third

errata sheet, the Agency also proposed to ame nd a reference to a none xistent definition of “Volatile Organic Material” to a referen ce to a definition of “VOM content.” Id . Also, at the second hearing, the hearing office noted that this subsection refers to compliance with Section 223.400, which had been the purpose language under the stricken Subpart addressing aerosol coatings. Tr.2 at 60. The third errata sheet did not clarify that reference, and the Board seeks

comment in the form of clarification. See Errata 3 at 11(§12).

In subsection (j), the pro posal states that “[t]he content of compounds exempt under USEPA Method 24 shall be analyzed by SCAQMD Method 303-91 (Revised 1993), ‘Determination of Exempt Compounds,’ SCAQMD ‘Laboratory Methods of Analysis for32

Enforcement Samples,’ (see Section 223.307 Vola tile Organic Materi al, and subsection 223.340(b).” Prop. at 67 (proposed Section 223.370(j); see Prop., Att. B(h) SCAQMD Method 303-91, Determination of Exempt Compounds, revised February 1993). In its second errata sheet, the Agency added language clarifying that this test method had been incorporated by

reference in Section 223.120. Errata 2 at 11 (§18).

In subsection (k), the proposal states that “[t]he VOM content of a coating shall be determined by USEPA Method 24 as it exists in Appendix A of 40 Code of Federal Regulations (CFR) Part 60, ‘Determination of Volatile Matt er Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings ,’ (see subsection 223.340(b)) or an equivalent method approved by the CARB.” Prop. at 67 (proposed Section 223.370(k); see Prop., Att.B(c) (40 C.F.R. 60, Appendix A, Method 24, Determin ation of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solid s of Surface Coatings (July 1, 2006)). In its

second errata sheet, the Agency added language clarif ying that this test method had been incorporated by refere nce in Section 223.120. Errata 2 at 11 (§18).

In subsection (l), the propos al states that “[t]he VOM content of coatings may be analyzed by either USEPA Method 24 or SCAQMD Method 304-91 (Revised 1996), ‘Determination of Volatile Organic Com pounds(VOC) in Various Materials,’ SCAQMD ‘Laboratory Methods of Analysis for Enfor cement Samples,’ (see subsection 223.340(b)). Prop. at 67 (proposed Section 223.370(l); see Prop., Att. B(c) (Method 24) , B(g) (Method 304-91). In

its second errata sheet, the Agency added language clar ifying that these methods had been incorporated by refere nce in Section 223.120. Errata 2 at 11-12 (§18).

In subsection (m), the proposal states that

[t]he VOM content of methacrylate multicomponent coatings used as traffic marking coatings shall be analyzed by the procedures in 40 CFR part 59, subpart D, appendix A, ‘Determination of Volat ile Matter Content of Methacrylate Multicomponent Coatings Used as Tra ffic Marking Coatings,’ (September 11, 1998), (see subsection 223.260) or an equivalent method approved by the CARB.” Prop. at 67 (proposed Section 223.370(m); see Prop., Att. B(a) (40 CFR 59, Subpart D, Appendix A, Determinati on of Volatile Matter Content of Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings, 64 Fed. Reg. 35001 (June 30, 1999).

In its second errata sheet, the Agency added language clar ifying that these methods had been incorporated by refere nce in Section 223.120. Errata 2 at 12 (§18). At the second hearing, the hearing officer noted that this subsection refe rs to language approved on one date and that Section 223.120 appears to incorporate a subseq uent version. Tr.2 at 60. In its third errata sheet, the Agency proposed to ame nd this section to make the two references consistent with one

another. Errata 3 at 11 (§12).

ECONOMIC AND TECHNI CAL CONSIDERATIONS

Request for Economic Impact Study33

In a letter dated January 24, 2008, the Board requested that DCEO conduct an economic impact study on this rulemaking proposal. See 415 ILCS 5/27(b)(1) (200 6). To date, the Board has received no response to that request. At the second hearing, the Boar d received no testimony or comment regarding the absence of any response to the request. See Tr.2 at 62-63.

Background of Federal Requirements

The Agency states that, “[e]ffective July 17, 1997, the United States Environmental Protection Agency (“USEPA”) revised the nationa l ambient air quality standard (“NAAQS”) for ozone from 0.120 parts per million to 0.080 parts per million, pursuant to its authority under Section 109 of the Clean Air Act (“CAA”).” 3 Statement at 1, see TSD at 4, 5. USEPA also revised the time period for measuring compliance w ith the standard from one hour to eight hours. Statement at 1-2, TSD at 4. The Agency argues that the revision “was based on extensive air pollution research that indicated ozone is more harmful when a person is exposed to it over a longer period of time even if the ozone c oncentration is lower.” Statement at 2; see TSD at 5. The Agency states that the eight-hour standard took effect on June 15, 2004 and that the onehour standard was revoked one year later on J une 15, 2005. Statement at 2, citing 40 C.F.R. 81;

see TSD at 5.

The Agency states that “[o]zone is not emitte d directly by most sources.” Statement at 2. Instead, precursors such as VOM, oxides of ni trogen, and carbon monoxide react to form ozone in the presence of direct sunli ght and high ambient temperatures, particularly during the summer

months. Id., see TSD at 4. The Agency characterizes ozone as a “powerful oxidant” that readily reacts with a wide range of substances. Statemen t at 2, TSD at 4. The Agency claims that, “[i]n humans, ozone is an irritant to the respiratory system and may damage lung and other tissues. The damage can lead to impaired breathing and reduced immunity to disease for people in good health. The effects may be more severe for young children, the el derly, and people with preexisting diseases such as asthma, bronchitis, and emphysema.” TSD at 4-5, see Statement 2- 3. The Agency also notes that ozone can dama ge plant tissue and othe r substances including rubber. TSD at 5, Statement at 3.

USEPA now regulates consumer and commerc ial products through a rule promulgated on September 11, 1998. TSD at 5, citing 40 C.F.R. 59 Subpart D; TSD at 5, 17. Use of these products results in solvent evaporation and the emission of VOM. TSD at 9. The USEPA rule limits the VOM content of 24 product categories of consumer and commercial products and is

estimated to have reduced VOM emissions from those categories by 20 percent from uncontrolled levels. TSD at 5, 17, St atement at 3. Emissions attribut able to those 24 categories, however, “account for only 48 percent of the consumer and commercial products emission

3 Under the revised NAAQS, both the Chicago and Me tro East/St. Louis areas are designated as moderate nonattainment areas (NAA) for ozone. Statement at 2, TSD at 4. The Chicago NAA includes Cook, DuPage, Kane, Lake, McHenry, and Will Counties and Goose Lake and Aux Sable Townships in Grundy County and Oswego Township in Kendall County. Statement at 2, TSD at 4. The Illinois portion of the Metr o East/St. Louis NAA includes Jersey, Madison, Monroe, and St. Clair Counties. Statement at 2, TSD at 4.34

inventory.” Statement at 3, TSD at 5-6, 17, citing Prop., Att. A(3) (Interim White Paper – Midwest Regional Planning Organization Candida te Control Measures, Source Category:

Consumer and Commercial Pr oducts, MACTEC, December 1, 2005).

USEPA also regulates AIM coatings th rough rules promulgated on September 11, 1998. Statement at 3, TSD at 39, citing 40 C.F.R Part 59, Subpart D. “Emissions of VOM from this source category occur when the solvent carryi ng coating material evaporates and leave the coating material on the surface duri ng application and drying.” TSD at 34, Statement at 7. “The

current federal rule is estimated to reduce VOM emissions from AIM coatings by approximately 20% from uncontrolled levels.” TSD at 39; see Statement at 3.

The Agency states that, although Illinois regulates numerous large sources of VOM,

“additional control measures are needed to achieve compliance with the eight-hour ozone NAAQS.” Statement at 4. The Agency indicates that, in reviewing the possibility of reducing

VOM emissions from these source categories, it reviewed the findi ngs of organizations including MACTEC, an environmental firm under contra ct to the Lake Michigan Air Directors Consortium, the OTC, and the California Air Resources Board (CARB). The Agency states that

“OTC and CARB have drafted candidate measur es for the reduction of VOM that go beyond the current VOM limits, and MACTEC, CARB, and USEPA have independently projected the potential reductions and the associated cost of additional control through these measures.” Statements at 5, TSD at 7.

The Agency argues that it proposed this rule making in order to meet the eight-hour ozone NAAQS by 2010 and to protect public health. Statement at 4, see TSD at 6. The Agency acknowledges that some of the expected reduc tions in VOM emission may “have already taken place due to nationwide complian ce by many of the larger manufact urers of these products.” Statement at 5, see TSD at 60-61. However, the Agency clai ms that “adoption of these limits in

Illinois will further the trend towa rd nationwide compliance, leading to much larger reductions.” Statement at 5. In addition, it is the Agency’s position “that furt her regulation of these source categories is an integral part of the state implementation plan for attainment of the NAAQS in

Illinois.” TSD at 7.

In his prefiled testimony on be half of the Agency, Mr. Davi s expressed the understanding that that the Agency’s proposed regulation mirro rs language that USEPA is now developing for

consideration as national rules. Davis Test. at 3. He further testified, however, that, ”[a]t the time the proposed regulation was submitted to the Board it was considered unlikely that national rules for these source categories would be fi nalized and in effect by January 1, 2009.” Id

. Consequently, he states that the Agency determined to proceed with state rules for these specific categories in order to ensure an earlier effective date and meet ozone attainment goals. Id

.

SOURCE OF AGENCY PROPOSAL

In his prefiled testimony on beha lf of the Agency, Mr. Davis st ated that “[i] n drafting the proposed regulations, the Illinois EP A sought at all times to ensure that the regulation would be as consistent as possible with sim ilar regulations in other parts of th e country.” Davis. Test. at 2;

see Tr.1 at 9. He emphasized that consistency allows uniform produc ts to be sold in the various35

regions of the United States and also limits ma nufacturers’ costs for reformulation, packaging, and shipping. Davis Test. at 2; see Yost Test. at 4-5 (supporting uniform regulations). He further stated that the proposed rules governing consumer products and AIM coatings are based on rules currently in effect in the OTC states. Davis Test. at 3, see Tr.1 at 12, 43; see also Prop., Att. A(16) (OTC Model Rule for Consumer Pr oducts), Att. A(17) (OTC model rule for architectural coatings).

The Agency states that “[t]he OTC Model Rule for Consumer Products is based upon the

CARB midterm measures for c ontrol of VOM in the source category and the associated background data for the CARB rules.” TSD at 18; see Statement at 7. The Agency further states that CARB developed significant te chnical documentation it its ow n rulemaking process and that “[t]he technical basis for the proposed VOC cont ent limits lies within the framework that the CARB developed for its consumer products rule s.” TSD at 18. The Agency notes that the proposed consumer products limits have been adopted in all of the OTC stat es and in California.

Id . at 60.

With regard to AIM coatings, the Agency st ates that its proposal is based on OTC’s AIM model rule. TSD at 39, citing Prop., Att. A(17). The Agency further states that “[t]he AIM OTC

Model Rule and its VOM content limits were ba sed on the affected coatings and VOM content limits in CARB’s suggested control measures for AI M coatings so that the coating formulations

of the eastern states in the OTC would be consistent with formula tions being used in California.” TSD at 39, citing Prop., Att. A(13) (Staff Report for the Proposed Suggested Control Measures for Architectural Coatings (June 2000)); see Statement at 8. The Agency notes that the proposed consumer products limits have been adopted in all of the OTC stat es and in California. TSD at

60.

Testifying at the second hearing, Mr. Davis st ated that the Agency drafts its proposed rules according to its own format so that its propo sal is “not precisely the OTC model rule.” Tr.2 at 13, see id. at 14. Noting that the OTC updated its 2001 model rule with a 2006 version, he stated that the Agency’s proposal “is probably closer to the 2006 and its limits, but I think a lot of the technical support might have come from ea rlier, and I believe th at there wasn’t much updating to that technical support for the 2006 ruling.” Id . at 13. Mr. Davis stated, however, that, when the Agency began drafting this proposal, “it was more based on 2001.” Id . at 12. Further addressing the two versions, Mr. Davis stated that “neither rule was the sole basis for our

rule.” Id . at 14.

During the second hearing, the 2006 version of the OTC model rule was admitted into the record as Exhibit 3. Tr.2 at 21; see Exh.3; see also Prop., Att. A (16), (A )(17) (2001 model rules for consumer products and AIM coatings). In its post-hearing comments, th e Agency stated that “the proposed regulation was not in fact ba sed on the 2001 OTC Model Rule. The 2006 OTC Model Rule was used as a resource, in additi on to input from affected industries, and the omission of the [2006] document from the doc uments relied upon submitted to the Board was inadvertent.” PC 3 at 1-2; see Prop., Att. A.

In its post-hearing comments , IERG states that the Agen cy apparently drew upon the 2006 OTC model rule in drafting the proposed rules. PC 4 at 1-2 (¶2). IERG further states that36

the Agency did not refer to the 2006 version in its list of “Documen t Relied Upon” or in its TSD. PC 4 at 3 (¶6); see Prop., Att. A. Also, IERG claims that the documents the Agency relied upon support adoption of the 2001 version and “do not provide the economic and technical justification to support a doption of OTC 2006.” PC 4 at 2 (¶2). IERG argues that, compared to the 2001 version, the 2006 version both regulates additional categories of products and changes exemptions. Id .; see generally Exh. 3. Mr. Davis testified that , although the two versions arere structurally essentially the same, the 2006 version does make “significant changes.” Tr.2 at 18. Stating that this record “prompt[s] confusion” over the source of the Agency’s proposed rule,

IERG “has concluded that the Illinois EP A relied upon emission reduction estimates and economic impact information developed for OTC 2001 but structured the rule to conform most closely to the more restrictive provi sions of OTC 2006.” PC 4 at 4 (¶9).

During the second hearing, IERG noted that the Agency indicated its reliance upon a MACTEC interim white paper. Tr.2 at 15; see Prop., Att A(3) (Interim White Paper – Midwest Regional Planning Organization Candidate Contro l Measures, Source Category: Consumer and Commercial Products, MA CTEC, December 1, 2005); see also PC 4 at 5 (¶12). IERG suggests that the 2005 date of this white paper indicates that it is based upon the 2001 version of the model rule, which had an effective date of Ja nuary 1, 2005. PC 4 at 5 (¶13), citing Exh. 3. IERG claims that the Agency cited this white paper as the basis for the claim that implementing

the OTC model rule will result in a 14.2% reduction in VOM emissions. PC 4 at 5(¶12).

Mr. Davis indicated that MAC TEC regularly updates its white papers and often estimates

the emission reductions that can be obtained under various rules. See Tr.2 at 15-16. In its posthearing comments, the Agency submitted the most recent white paper addressing consumer products made available by LADCO. PC 3, Att. 2 (Interim White Paper – Midwest RPO Candidate Control Measures, Source Category: Consumer and Commercial Products, March 10, 2006). The Agency argues that this updated version “is esse ntially unchanged in any way pertaining to questions posed at hearings. The estimated reducti ons for the OTC model rule for consumer products remain 14.2% beyond existing federal rules, and include the additional categories in the 2006 OTC model rule.” PC 3 at 2 (¶4). IERG claims that the Agency has clearly used the technical basis of the 2001 model rule to support adoption of the st andards in the 2006 version. PC 4 at 6 (¶14).

IERG also noted that the Agency indicated its reliance upon a document prepared by E.H. Pechan and Associates. Tr.2 at 17-18; see Prop., Att. A(18) (Control Measure Development Support Analysis of Ozone Transport Commissi on Model Rules; March 31, 2001). IERG argues that, “[b]ecause of its date , it is clear that the Pechan Document was also prepared in reference to OTC 2001, and not OTC 2006.” PC 4 at 6 (¶15). IE RG also argues that the Agency offered the Pechan document to support its claim that adopti on of the OTC would result in a 14.2% emission

reduction. Id

., see Tr.2 at 18.

IERG states that the 2006 ve rsion of the OTC model rule a nd the Agency’s proposal both provide VOM content standards for a number of product categories beyond those regulated by the 2001 version of the OTC model rule. PC 4 at 7 (¶17); see Exh. 3. IERG identifies those additional categories: a new cat egory for “Adhesive Removers,” including the subcategories of “Floor or Wall covering,” “Gasket or Thread Lo cking,” “General Purpose,” and “Specialty” (PC37

4 at 7 (¶17), Exh. 3 at 21, see Tr.2 at 23-24); under the existi ng category of “Adhesives,” new subcategories of “Contact General purpose” and “Contact Special purpos e” (PC 3 at 7 (¶17), Exh. 3 at 21, see Tr.2 at 24); under the existing category of “Air Fresheners,” the subcategory of “Solids/gel” changes to “Solids/semiso lids” (PC 4 at 7 (¶17), Exh. 3 at 21, see Tr.2 at 24); a new category for “Anti-static Product, non-aer osol” (PC 4 at 7 (¶17), Exh. 3 at 21, see Tr.2 at 24); a new category for “Electrical Cleaner ” (PC 4 at 7 (¶17), Exh. 3 at 22, see Tr.2 at 24); a new category for “Electronic Cleaner” (PC 4 at 7 (¶17), Exh. 3 at 21, see Tr.2 at 24); a new category for “Fabric Refresher,” including subcategories for both “Aerosol” and “non Aerosol” (PC 4 at 7 (¶17), Exh. 3 at 22, see Tr.2 at 24); a new category for “Foot wear or Leather Care Products,” including subcategories for “Aeros ol,” “Solid,” and “other forms” (PC 4 at8 (¶17), Exh. 3 at 22,

see Tr.2 at 24); a new category for “Graffiti Remover,” including subcategories for “Aerosol” and “non-Aerosol” (PC 4 at 8 (¶17), Exh. 3 at 22, see Tr.2 at 25); a new category for “Hair Styling Products,” including subc ategories for “aerosol and pump sprays” and “all other forms” (PC 4 at 8 (¶17), Exh. 3 at 23, see Tr.2 at 25); a new category for “Shaving Gel” (PC 4 at 8 (¶17), Exh. 3 at 23, see Tr.2 at 25); a new category for “T oilet/Urinal Care,” including subcategories for “Aerosol” and “non-Aer osol” (PC 4 at 8 (¶17), Exh. 3 at 23, see Tr.2 at 25); and a new category for “Wood Cleaner,” includi ng subcategories for “Aerosol” and “nonAerosol” (PC 4 at 8 (¶17), Exh. 3 at 23-24, see Tr.2 at 25). Mr. Davis expl ained that some of the products had been included in the 2001 model rule and that “they’re in more specific categories than were in the previous rule .” Tr.2 at 25-26. He cited “h airstyling products” and “shaving gels” as products that “might have been” under other more genera l categories in the 2001

version. See Tr.2 at 26.

IERG also notes that the 2006 version of the OTC model ru le changes the scope of an exemption. Specifically, IERG states that, unde r the 2001 model rule, exem ption (i) applies to both air fresheners and insecticides containing at least 98% para-dichlorobenzene. PC 4 at 8 (¶18); see Exh. 3 at 29-30, Tr.2 at 26-27. IERG furthe r states that, in th e 2006 version of the model rule, the exemption applies only to in secticides containing at least 98% paradichlorobenzene. PC 4 at 8 (¶18); see Exh. 3 at 29-30; see Tr.2 at 26-27. By modifying this exemption, IERG claims that the Agency seeks to “subject[] additional products to regulation.” PC 4 at 8 (¶18). IERG argues that,

[s]ince it is clear that the Illinois EPA based the technical support for the rulemaking on OTC 2001, including the em ission reductions achieved by OTC 2001, and OTC 2001 did not include a number of categories and modified at least one exemption, IERG asserts that the Illinois EPA’s goal of VOM emissions

reduction could be achieved without these additional categories and without the modified exemption. PC 4 at 8-9 (¶19).

In its post-hearing comment, the Agency emph asizes that “the most recent and up to date research conducted by LADCO and Mactec doe s indeed include the additional categories mentioned at the hearing.” PC 3 at 2 (¶6); see PC 3, Att. 2 (Mar. 10, 2006 white paper). The Agency recognizes that the most recent white paper does not change the expected percent

reduction in VOM emissions and attributes the absence of ch ange to various factors:38

(1) the amount of reductions from the a dditional categories relative to the total amount of reduction from the regulation wa s insufficient to change the overall total percentage; (2) the percent reduc tion from the additional categories was comparable to the percent reduction fr om the existing categories, thus not affecting the overall percentage; and (3) as stated in the hearing, some of he additional categories were already include d in the existing ca tegories, but were given more specific categories and limits.” PC 3 at 2 (¶6), see Tr.2 at 27.

IERG expresses confusion with this statement by the Agency. See PC 4 at 9 (¶20). IERG suggests that the Agency expects a 14.2 % reduction in VOM emissions from both the

2001 OTC model rule and the 2006 version re gulating additional product categories. Id . IERG states that, “[i]f this is true, it would lead one to question the rati onale for including the categories at all.” Id . Acknowledging that the categories in the 2006 version may be more specific than the 2001 version, IERG asks the Bo ard to require the Agency submit information demonstrating that the 2006 categ ories provide a more detailed categorization of the products.

Id

.

IERG during the second hearing also inqui red about the source of the Agency’s data regarding the reduction of VOM emissions expected to result from adoption of the proposal. Tr.2 at 28-29. The Agency explained that its table estimating VOM reductions originated from “a technical support document from th e state of New Jersey that lis ted all of the categories that

were in the rule at th at time.” Tr.2 at 29; see TSD at 30-33 (Table 2.7.1 Estimated VOM Reductions for Consumer Products). The Agency further explained that it used the New Jersey document because it presented the data concisely. Tr.2 at 29. The Agency did not perform an independent analysis of emissions reduc tions for its consumer products rule. Id

.

At the second hearing, IERG suggested that , because the New Jersey emission data is dated 2003, it “covered only the [pr oduct] categories in the 2001 OT C rule.” Tr.2 at 29. The Agency acknowledged that this New Jersey data di d not include all of th e product categories that

were added in the 2006 version of the model rule. Id . at 30. The Agency further acknowledged that it did not fully consider emissions reductions associated with these additional categories. Id

. at 30-31. Stating that it reli ed on New Jersey, MACTEC, LADCO, and California because it lacks the resources to perform case-by-case anal yses, the Agency indicated that it does not

“know the emission reductions to be achieve d from adding these additional categories.” Id . at 31; see PC 4 at 11 (¶23). IERG asks that Board re quire the Agency to demonstrate the way in which it considered these additional categories and how reduced emission from them plays any part in the projected 14.2% emi ssion reduction. PC 4 at 11 (¶23).

In its post-hearing comments, the Agency addressed whether its proposal depends upon the product categories added to the 2006 version of the model ru le to achieve the projected emissions reductions. PC 3 at 2 (¶7). The Agency stated that “[i]ndeed these categories were

included in the estimated 14.2% emission reduction.” Id . The Agency argues that, “[s]ince the additional categories were considered in th e LADCO/Mactec white papers, a case by case

determination for emission reductions from the addition categories would not be necessary.” Id

. at 2-3 (¶8). IERG responds that, because th e Agency’s Table 2.7.1 claims a 14.2% reduction in VOM emissions without including the categorie s added in the 2006 OTC model rule, “[i]t,39

therefore, follows that emission reductions from the new categories were not considered by the Illinois EPA, and are not necessary to achieve the required 14.2% emissi on reductions that the Illinois EPA is relying upon to atta in its air quality goals.” PC 4 at 10 (¶21). IERG argues that the Agency has not adequately explained why it included the additional pr oduct categories in its proposal and requests that the Board requi re the Agency to that information. Id

.

IERG notes that the 2006 version of the OT C model rule denotes with an asterisk and affects certain compounds that “m ay or may not cause or contribu te to formation of ozone, but

due to their hazardous nature are included in this model for convenience of the states, which may regulate such compounds under other states authorities.” Exh. 3 at 1 (Note 1); see PC 4 at 11 (¶ 24), Tr.2 at 34-38. IERG notes th at the 2006 model rule marked w ith an asterisk a number of categories of compounds, includi ng “products containing ozone-de pleting compounds.” PC 4 at 12 (¶24); see Exh. 3 at 27-29, Tr.2 at 34-35. IERG agrees with the Agency conclusion that these products ozone-depleting compounds are “regulated for other purposes in Illinois and federally

and should not be included in an area source VOM regulation.” PC 3 at 3 (¶9); see PC 4 at 12 (¶25). However, IERG argues that “no informa tion has been provided by the Illinois EPA as to its basis for including (or not excluding) other new subcategories of compounds that, as the OTC stated, may not cause or cont ribute to the formation of ozone.” PC 4 at 12 (¶25).

IERG also questioned whether the Agency had considered compliance costs associated with regulating the additional pr oduct categories included in the 2006 model rule. Tr.2 at 31-32. The Agency indicated that it did so only to th e extent that the resour ces it relied upon had done

so. Id . at 32. The Agency similarly indicated that it relied on t hose resources for an evaluation of the costs involved in the change to the exemption for para-dichlorobenzene. Id . at 33. The Agency also expressed the belief that it ha d done no independent analysis of the compounds

marked with an asterisk in the 2006 version of the OTC model rule, which “may or may not

cause or contribute to forma tion of ozone.” Tr.2 at 33-34; see Exh. 3 at 1, 27-29.

In its post-hearing comments, the Agency re sponds that product ca tegories added in the

2006 version of the model rule “have in fact b een researched by CARB for similar rulemakings, and this support was the basis for their inclusion in the OTC Model Rule.” PC 3 at 3 (¶10). The Agency states that it “did not include anal yses from each of the amendment phases of the California rulemakings as the documentation to be submitted would have been voluminous.” Id

. The Agency provides the address of a CARB Web site, which it clai ms “contains a total record of a rulemaking to consider amendment to CARB consumer products rules, and includes technical support and economic anal ysis for the toilet and urinal care products category.” Id

. The Agency states that, in addition to providing a citation to this Website, it can formally submit

these documents “if the Board so orders.” Id . The Agency states that it also relied upon the

most recent MACTEC white paper for economic analysis of its proposal. Id .; see id. , Att. 2.

The Agency states that it will not perform its own technical analysis of the product categories added to the 2006 versio n of the OTC model rule. PC 3 at 3 (¶11). The Agency suggests that CARB documents and other analys es submitted to the Board provide adequate support for its proposal. Id . The Agency also restates its view that “the addition of the categories in question did not si gnificantly impact th e overall percentage reduction or economic impact of the proposed regulation.” Id . The Agency concludes by stating that “the Board should40

move forward with adoption of the proposed rule given that a ppropriate technical and economic analyses have been performed for all affected categories.” Id

.

IERG notes that the Agency does not in tend to perform an independent economic analysis of its proposal. PC 4 at 14 (¶29). IERG also notes that, while the TSD lists compliance costs of $800 per ton of VOM reduced, the upda ted MACTEC white paper shows that product categories beyond the 2001 version of the OTC mode l rule “have a control cost of $4,800/ton.”

Id ., citing PC 3, Att. 2 at 2, 6. IERG characterizes this as a “significant economic impact.” PC 4 at 14 (¶29). IERG disputes the Agency’s claim “that appropriate technical and economic analyses have been performed for all affected cat egories.” PC 4 at 14-15 (¶30). IERG asks the Board to consider three options “as solution fo r curing the deficiencies of the Illinois EPA’s proposed rule.” PC 4 at 15 (¶31). First, “[ t]he Board could choose to simply wait for the USEPA to adopt the federal consumer and comme rcial products rule. . . . [T]he USPEA is currently devoting its resources to evaluati ng the economics of OTC 2006, and anticipates issuing a proposed rule in late summer or early fall of 2008.” Id . Second,

“[t]he Board could choose to proceed to First Notice on OTC 2001. Reliance on

OTC 2001 would mean deletion of the cat egories added in OTC 2006 and use of exemption (i) from OTC 2001. This acti on is justified because . . . both the technical and economic support for the Illinoi s EPA’s proposal that is currently in the record is for OTC 2001 only, and th e 14.2% emission reduction derived from OTC 2001 was used by the Illinois EPA in its attainment demonstration. Id

.

Third, “[t]he Board could choose to require the Illinois EPA to provide sufficient support and justification so that the Board may meaningfully consider the technical feasibility and economic

reasonableness of OTC 2006.” Id

.

Potentially Affected Sources

The Agency states that “[t]he geographic region subject to the proposed regulations for VOM emitting sources is the entire State of Illinois.” TSD at 11. The Agency claims that manufacturers prefer statewide or even regional standards for consistency, keeping “the number of product lines to a minimum.” Id . “There are numerous ma nufacturing facilities which produce VOM emitting products and still more retail operations which sell VOM emitting products.” Id

.

With regard to consumer and commercial products, “[t]he proposed regulations affects anyone who sells, supplies, offers for sale, or manufactures any of the products in Table 2.2.1 [of the TSD] in Illinois.” TSD at 33; see TSD at 10-14 (Table 2.2.1). With regard to AIM Coatings, “[t]he proposed regulation affects anyone who sells , supplies, offers for sale, or manufactures any of the products in Table 3.2.1 [of th e TSD] in Illinois.” TSD at 45; see TSD at 35-37 (Table 3.2.1). The TSD includes an Appendix A listi ng approximately 600 potentially affected manufacturers in Illinois. Statement at 11; see TSD, Att. A.

Technical Feasibility of Controls41

The Agency states that, in examining the issue of reducing VOM emissions from consumer and commercial products and AIM co atings, it reviewed the work of three organizations that have examined the issue: “MACTEC, an environmental firm that is under contract with the Lake Michigan Air Direct ors Consortium (“LADCO”), the Ozone Transport Commission (“OTC”), and organization in the east ern Unites States crea ted under the CAA, and the CARB.” Statement at 4-5. The Agency indicates that OTC and CARB have drafted candidate measures for reducing VOM emissions and that MACTEC, CARB, and USEPA have independently projected emissions re ductions and associated costs. Id. at 5.

Consumer and Commercial Products

While the Agency views the CARB rules and th e OTC model rule to be “very similar” to

one another” and considers both of them to be technologically feasible , it consider the OTC model rule preferable on the basis of economic fact ors. TSD at 17. The Agency emphasizes that the OTC Model Rule for Consumer products took effect on January 1, 2005 in 13 U.S. jurisdictions. Id . The Agency states that the OTC mode l rule is based upon the CARB rule and its background data. Id . at 18. The Agency further states that CARB generated “[s]ignificant

technical documentation” and that the technical basis for the Agency’s proposal fits within

CARB’s technical framework. Id . The Agency claims that both CARB and the OTC have concluded that these proposed limits on the VOM content of consumer and commercial products “are technologically feasible.” Id . at 33; see Davis Test. at 4.

The Agency, “acknowledging that the OTC Mo del Rule for Consumer Products is currently in place . . . and having reviewed th e technical support for the proposed VOM limits created by CARB, is confident that the OTC model rule is technol ogically feasible for the State of Illinois.” TSD at 18. The Agency stress es that, “[s]ince many na tional manufacturers of products subject to this rule will have already made modifications to their products in order to comply with the new regulations in the OTC states and in California, it is reasonable to consider that similar reformulations could be made, or ha ve already been made, for products for sale in

Illinois.” Id

.

The Agency argues that the technology to control VOM emissions from this product category “is largely available or being developed.” Statement at 12. The Agency claims that “[t]he most effective approaches for achie ving reductions in this source category are reformulating products currently employing VOM so lvents and replacing them with water based formulations or formulations employing acetone or other exempt solvents.” TSD at 16, Statement at 6-7, 12. The Agency further argues that “[o]ther measures for reduction in this category include increasing the solids content of products, formulating non-VOM propellants for products, or changing the valves, containers, or delivery systems of the products to reduce VOM content. TSD at 16, Statement at 7, 12. Als o, the Agency states that CARB has published formulas complying with its regulations for ma ny specific products. TSD at 33, citing Prop., Att. A(4) (Example Complying Forumlas, 2004 Consum er Product Amendments, State of California Air Resources Board (March 18, 2004)).

The Agency accordingly views the technological feasibility of its proposal primarily in terms of its economic impact. TSD at 18. The Ag ency claims that the OTC model rule is the42

language preferred both by LADCO and the st ates in the Midwest Regional Planning Organization (MRPO). 4 TSD at 19. The Agency states th at, by working with California and the jurisdictions in the MRPO and the OTC, its regulations will be technologically feasible and will “also have a greater acceptability and a lesser economic impact. . . .” Id

.

AIM

The Agency states that AIM coatings pr oposal is also based upon the OTC model rule, which is derived from CARB’s suggested control measures. TSD at 39, citing Prop., Att. A(13) (Staff Report for the Proposed Suggested Contro l Measures for Architectural Coatings (June 2000)). The Agency states that it drew on the OTC model rule in order to be consistent with the 13 OTC jurisdictions and California. See TSD at 39.

The Agency, “acknowledging that the AIM OTC M odel Rule is currently in place . . . and having reviewed the technical support for the proposed VOM limits created by CARB, is confident that the OTC model rule is technologica lly feasible for the State of Illinois.” TSD at 39. The Agency argues that, “[s]ince many nationa l manufacturers of produc ts subject to this rule will have already made modifications to th eir products in order to comply with the new regulations in the OTC states a nd in California, it is reasona ble to consider that similar reformulations could be made, or have already been made, for products for sale in Illinois.” Id

. at 40. The Agency states that manufacturers will most often comply with these proposed regulations by changing the formul ation of products available to consumers or contractors. Id. at 39-40. “This involves using water based formula tions, using formulations employing acetone or other exempt solvents, or increas ing the coating material conten t of the coating.” TSD at 39.

The Agency accordingly views the technological feasibility of its proposal primarily in terms of its economic impact. TSD at 40. The Ag ency claims that the AIM OTC Model Rule is the emission reduction measure preferred both by LADCO and the states in the MRPO. Id . The Agency states that, by working with California a nd the jurisdictions in the MRPO and the OTC, its regulations will be technologica lly feasible and will “also have a greater acceptability and a lesser economic impact. . . .” Id

.

Summary of Technical Feasibility

The Agency emphasizes that the proposed limits for both consumer products and AIM coating have been adopted in California and in the 13 OTC jurisdictions. TSD at 60. The Agency characterizes the technological feasib ility of its proposal as “self-evident.” Id . at 61. The Agency acknowledges that the arguments by CARB and OTC for the feasibility of these limits predate the adoption of regulations. The Ag ency claims, however, that, “[s]ince complaint products in every affected categor y in the proposed regulation are cu rrently being sold and are in use in all states of the OTC and California, no further evidence for techno logical feasibility is required.” Id

.

4 The MRPO “consists of the States of Illinois, Indiana, Michigan, Ohio, and Wisconsin.” TSD

at 19.43

Emissions Reductions

Based on estimates by OTC and LADCO, the Agen cy expects that its proposal will result in significant reductions of VOM emissions fr om the used of consumer products and AIM coating. Statement at 5, Davis Test. at 3.

For consumer products, the Agency’s TSD includes a table detailing “anticipated reductions in VOM from each affected categor y and the percentage reduction in those categories.” TSD at 29; see TSD at 30 (Table 2.7.1 Estimated VOM Emission Reductions for Consumer Products). The Agency claims that th e figures in this table derive from a USEPA study and a number of CARB staff reports. TSD at 29. The Agency stresses that these staff reports are significant because they support the level of emissions c ontrol in the OTC model rule.

Id . The Agency notes that the New Jersey De partment of Environmental Protection compiled data from these reports into a single ta ble for its own consum er products proposal. Id. at 30; see Prop., Att. A(10) (Estimated VOC Emission Re ductions and Economic Impact Analysis for Proposed Amendments to Chemically Formulated Consumer Products, New Jersey Department of Environmental Protection, July 3, 2003). The Agency adjusted this data to account for Illinois’ population and emissi ons inventory. TSD at 30; see Tr.1 at 9-10.

For consumer products, the Agency exp ects a 14.2% reduction in VOM emissions beyond those achieved by the current federal rule. Davis Test. at 4, TSD at 29, citing Prop., Att. A(3) (Interim White Paper – Midwest Regiona l Planning Organization Candidate Control Measures, Source Category: Consumer a nd Commercial Products, MACTEC, December 1, 2005). This represents “a re duction of approximately 17.72 t ons of VOM per day, or around 6468 tons of VOM reduction per year in Illinois.” Davis Test. at 4, Statement at 7, TSD at 29, citing Prop., Att. A(15) (Illinois Base Year Ozone Inventory for 2002 (June 2006)). That reduction equals nearly one percent of total statewide anthropogenic VOM emissions. Davis Test. at 4, Statement at 7, TSD at 29. In his prefiled testimony on beha lf of the Agency, Mr. Davis acknowledged that “reduction estimates may be slight over estimates,” as similar rules in California and the OTC jurisdicti ons may have caused national ma nufacturers to sell compliant products on a nationwide basi s. Davis Test. at 3, see Statement at 5.

For AIM coatings, the Agency expects a 21% reduction in VOM emissions beyond those achieved by the federal rule. Davis Test. at 4, St atement at 8, TSD at 45. This represents “a reduction of approximately 12.21 tons of VOM pe r day or around 4456 tons of VOM annually.” Davis Test. at 4, Statement at 8, TSD at 45. That reduction equals nearly one percent of total statewide anthropogenic VOM emissi ons. Davis Test. at 4, TSD at 45. In his prefiled testimony on behalf of the Agency, Mr. Davis acknowledged th at “reduction estimates may be slight over estimates,” as similar rules in California and the OTC jurisdictions may have caused national manufacturers to sell complia nt products on a nationwide basis. Davis Test. at 3, see Statement

at 5.

Cost Effectiveness of Controls

Consumer and Commercial Products44

The Agency states that CARB through vari ous staff reports has evaluated the cost

effectiveness of the level of c ontrol in its “Midterm Measures II.” TSD at 21, citing Prop., Att. A(12) (C AL . C ODE R EGS ., tit. 17, §§94507-09, 94513-15 (2000)). The Agency describes these

measures as the basis of the OTC model rule. TS D at 21. The Agency stat es that the New Jersey Department of Environmental Protection merged data from these CARB reports into a single table supporting its own consumer and commercial products rule. Id . at 21, citing Prop., Att. A(10) (Estimated VOC Emission Reductions an d Economic Impact Analysis for Proposed Amendments to Chemically Formulated Consumer Products, New Jersey Department of Environmental Protection (July 3, 2003)); see id . at 22-27 (Table 2.6.1 Cost Effectiveness Estimates for Consumer Products). This table provides low, high, and average estimates for the cost of control on the bases of dollars per pound of VOM controlled and dollars per average unit of a specified product. Id . at 22.

The Agency states that “[t]his economic an alysis assumes that the sales and uses of consumer products in Illinois are comparable to th ose in California and th e OTC states.” TSD at 28. The Agency claims that the costs of controlling VOM emission from consumer and commercial products may actually be lower than previous estimates. Id . at 21, 28. “Manufacturers of affected produc ts and their consumers have al ready assumed a great deal of the costs because research and development of alternative compliant products, including alternative delivery systems, reformulations, and repackaging, has been conducted for the similar rules in other regions of the United States.” Davis Test. at 5; see TSD at 21, 28, Tr.1 at 11. The Agency notes that CARB’s cost estimates do “not account for the pot ential savings of manufacturers that produce more than one type of regulated product.” TSD at 28. The Agency suggests that one-time costs such as “research, development, formula ingredient changes, and packaging changes” may be spr ead among a number of products. Id ., citing Prop., Att. A(6) (Initial Statement of Reasons for Proposed Amen dments to the California Consumer Products Regulation (Sept. 10, 1999)).

The Agency states that CARB intentionally sought conservative costs estimates “by using

worst case economic scenarios for reformulation of products.” TSD at 28. As one example, The Agency states that CARB assumed the use of higher-cost compliant propellants where alternatives may result in lower costs. Id . In addition, the Agency stresses that its proposal includes compliance options such as the Altern ative Control Plan a nd Innovative Products provisions, both of which ma y lower control costs. Id . at 29; see supra at 14-16 (summarizing proposed Sections 223.240, 223.245).

The Agency states that MACTEC estimated costs of controlling VOM emissions from consumer and commercial products in the LADCO region. TSD at 20. The Agency elaborates

that MACTEC based its estimates on figures from CARB and the OTC. Id ., Davis Test. at 4. The Agency states that CARB estimated the cost s of its “Midterm Measures II” rule, the VOM

content limits of which are reflected in the OT C model rule. TSD at 20-21, citing Prop. Att. A(12) (C AL . C ODE R EGS ., tit. 17, §§94507-09, 94513-15 (2000)); see Tr.1 at 11. “This is the basis for MACTEC’s assumption that the CA RB and OTC figures for control costs should approximate control costs of the LADCO region.” TSD at 21. MACTEC estimates that control costs for consumer and commercial products wi ll be approximately $800 per ton of VOM. TSD at 20, citing Prop., Att. A(3) (In terim White Paper – Midwest Regional Planning Organization45

Candidate Control Measures, Source Categor y: Consumer and Commercial Products, MACTEC, December 1, 2005); see Davis Test. at 4.

AIM Coatings

The Agency states that CARB in various sta ff reports evaluated the cost effectiveness of its AIM coatings rule drafted in 2000. TSD at 41, citing Prop., Att. A(13) (Staff Report for the Proposed Suggested Control Measure for Architect ural Coatings (June 2000)). The Agency

further states that this CARB rule forms the basis of the OTC model rule. TSD at 41. The Agency indicates that its cost effectiveness data relies upon a New Je rsey document supporting the OTC model rule for AIM, which in turn relies upon a CARB staff report for its own suggested AIM control measures. Id . That data is separated into coating categories and lists the estimated producer cost per gallon for each of th em. TSD at 42 (Table 3.5.1), citing Prop. Att. A(14) (Estimated VOC Emission Reductions an d Economic Impact Analysis for Proposed Amendments to Architectural Coatings Rule , New Jersey Department of Environmental Protection (June 12, 2003)).

The Agency’s data also addresses the cost effectiveness of the c ontrols in the proposed regulation. That data draws on a New Jersey technical support doc ument based upon CARB reports. TSD at 42, citing Prop., Att. A(14). The Ag ency states that the data assumes that sales and use of AIM coatings in Illin ois is comparable to those in California and the OTC states and is “modified to reflect slight differences in th e AIM OTC Model Rule.” TSD at 42-43. The data is separated into various coating categories lists the estimated cost effectiveness for each of them on the basis of dollars per pound of VOM reduced. Id . at 43 (Table 3.5.2), citing Prop., Att. A(14). The Agency estimates that control cost s for AIM coating products will be approximately $6400 per ton of VOM. Davis Test. at 5; see generally TSD 41-44.

The Agency claims that the costs of c ontrolling VOM emission fr om AIM coatings may actually be lower than previous estimates. TSD at 43. “Many regulated coatings are manufactured for national sales, and therefore no changes will be n ecessary for sales in Illinois.” TSD at 43; see Davis Test. at 5. The Agency notes th at CARB’s cost estimates do “not account for potential savings of manufacturers that produ ce more than one type of regulated product.” TSD at 43-44. The Agency suggests that one-t ime costs such as “research, development, formula ingredient changes, and packaging changes” may be spread among a number of products. Id . at 44. The Agency also claims that the cost of materials commonly used in reformulating coatings may have decreased, as greater demand for those products could generate economies of scale in their production. Id ., citing Prop., Att. A(13).

Board Findings

Throughout the course of this proceeding, th e Agency has stressed that it based its proposal on the OTC model rules for consumer and commercial products and AIM coatings, which are in turn based upon Calif ornia provisions. W ith regard to consumer and commercial products, OTC amended its 2001 model rule with a 2006 version. See Exh. 3 (highlighting changes from previous version), Prop. Att. A( 16). The 2006 version of the OTC model rule

includes VOM content standards for a number of product categories in addition to those46

regulated by the previous version. The 2006 vers ion also changes the scope of an exemption, which may subject additional products to regulati on. The Agency itself has characterized these changes as significant.

The Board notes that the Agency did not pe rform an independent analysis of the VOM emission reductions expected from its proposed consumer products rule. The Agency also has acknowledged that it relied upon da ta compiled by the New Jersey Department of Environmental

Protection that does not include a ll of the product categories that were added in the 2006 version of the model rule. Furthermore, the Agency has indicated that it does not know the emission reduction to be achieved by adding these product categories from the 2006 OTC model rule to its proposal. In this regard, the Board notes th at the Agency expects a 14.2% reduction in VOM

emissions both from the 2001 version and the 20 06 version that regula tes additional product categories. Also, the Board notes that the record does not, either in term s of emissions reduction or compliance costs, clearly demonstrate the effect of changing an exemption in the 2006

version.

The Board acknowledges that the product cate gories in the 2006 ve rsion of OTC model rule may itemize some or all of the products in the 2001 version more speci fically into a larger number of categories. The Agency has referred to two of the new categories that may have been regulated under more general categories in the 2 001 version of the model rule. Nonetheless, the Agency has not persuasively demonstrated th at the additional categor ies in the 2006 version result to any extent from such a recategorization.

The Board also acknowledges the Agency’s claim that CARB has analyzed the product categories added to the 2006 version of the model rule. The Agency stated that this analysis forms the basis for including those categories in the 2006 version. The Agency also provided an

address of a CARB Web site re garding consumer products rules. Effectively recognizing that this Web address did not place these supporting do cuments directly into the record of this proceeding, the Agency indicated that it would file those documents with the Board if ordered to

do so.

Consequently, for the purpose of first-noti ce publication, the Board will omit from the Agency’s proposal the product categories and su bcategories for which VOM content standards were added by the 2006 version of the OTC model rule. Also for the purpose of first-noticepublication, the Board will not amend the single ex emption modified by the subsequent version.

Whether in the form of CARB documents for which the Board has supplied a Web address or any other information, the Board invites the Agen cy and any other participant to submit firstnotice comments on the technical feasibility and economic reasonableness of including these product categories and that exemption at second notice.

In all other regards, he Board finds the pr oposed amendments technically feasible and economically reasonable. The Board adopts the Ag ency’s proposal, amended as described in the preceding paragraph and by the Agency’s three errata sheets. In addition, the Board makes

additional technical corrections that do not merit discussion.47

CONCLUSION

The Board proposes for first notice regulati ons intended to reduce VOM emissions from consumer products and AIM products. Substa ntively, the Board is largely adopting the Agency’s proposal, including changes as de scribed above and as reflected in three errata sheets submitted by the Agency. See Errata 1, Errata 2, Errata 3.

Publication of the propos ed amendment in the Illinois Register will start a period of at least 45 days during which any person may file public comments with the Clerk of the Board at the address provided above. As noted above, pe rsons may also file comments electronically through COOL at www.ipcb.state.il.us

.

ORDER

The Board directs the Clerk to cause public ation of the following proposed amendments

in the Illinois Register for first notice.

TITLE 35: ENVIRONM ENTAL PROTECTION

SUBTITLE B: AIR POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER

PART 223

STANDARDS AND LIMITATION S 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 Strippers48

223.210 Products Containing Oz one-Depleting Compounds 223.220 Requirements for Charco al Lighter Material 223.230 Exemptions 223.240 Innovative Product Exemption

223.245 Alternative Control Plans 223.250 Product Dating 223.255 Additional Product Dating Requirements

223.260 Most Restrictive Limit 223.265 Additional Labeling Requirements for Ae rosol Adhesives, Adhesive Removers, Electronic Cleaner, Electrical Cleaner, Energized Electrical Cleaner, and Contact

Adhesives 223.270 Reporting Requirements 223.275 Special Recordkeeping Requirements fo r Consumer Products that Contain Perchloroethylene or Methylene Chloride 223.280 Calculating Illinois Sales

223.285 Test Methods

SUBPART C: ARCHITECTURAL AND IN DUSTRIAL MAINTENANCE COATINGS

Section 223.300 Purpose 223.305 Applicability 223.307 Definitions for Subpart C

223.310 Standards 223.320 Container Labeling Requirements 223.330 Reporting Requirements 223.340 Compliance Provisions and Test Methods

223.350 Alternative Test Methods 223.360 Methacrylate Traffic Coating Markings

223.370 Test Methods

AUTHORITY : Implementing Section 10 [415 ILCS 5/10] and authorized by Sections 27 and 28

of the Environmental Protecti on Act [415 ILCS 5/27 and 28].

SOURCE: Adopted at _ Ill . Reg. ___, effective __________

SUBPART A : GENERAL PROVISIONS

Section 223.100 Severability

If any Section, subsection, or cl ause of this Part is found i nvalid, such finding shall not affect the validity of this Part as a whole or any Section, subs ection, or clause not found invalid.

Section 223.105 Abbreviations and Acronyms

Unless otherwise specified within this Part, the abbreviations used in th is Part shall be the49

same as those found in 35 Ill. Adm. C ode 211. The following abbreviations and acronyms are used in this Part:

ACP Alternative Control Plan

Act Environmental Protection Act [415 ILCS 5/1 et seq .] Agency Illinois Environmental Protection Agency ASTM American Society fo r Testing and Materials BAAQMD Bay Area Air Qualit y Management District

CARB California Air Resources Board

o C Degrees Celsius

CFCs Chlorofluorocarbons

CO 2 Carbon Dioxide

o F Degrees Fahrenheit FDA United States Food and Drug Administration FIFRA Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§136 through 136y FRP Fiberglass reinforced plastic HVOM High Volatility Organic Material HCFCs Hydrochlorofluorocarbons HFCs Hydrofluorocarbons LVP-VOM Low Vapor Pressure – Volatile Organic Material MVOM Medium Volatility Organic Material

N 2 Nitrogen

N 2 O Nitrous Oxide OER Original Equipment Manufacturer

PCBTF Parachlorobenzotrifluoride ROC Reactive Organic Compound ROG Reactive Organic Gas SCAQMD South Coast Air Qual ity 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, Determin ation 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 Volat ile Organic Compound Emission Standards for Consumer Products, 69 Fed. Reg. 18803 (April 4, 2004).

c) 40 CFR 60, Appendix A, Method 24, Determ ination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings,50

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

d) 40 CFR 82, Subpart A, Appendix A, Cla ss 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, PO Box C700, West Conshohocken, PA, 19428-2959.

1) ASTM E119-05a, Standard Test Methods for Fire Tests of Building Construction and Materials, approved November 1, 2005.

2) ASTM Designation 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 Method D3912-95 (2001) Test Method for Chemical Resistance of Coating Used in Light-Water Nuclear Power Plants, reapproved 2001.

5) ASTM Method D4082-02, Test Met hod for Effects of Radiation on Coatings Used in Light-Water Nuclear Power Plants, approved 2002.

6) ASTM Designation 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 Met hod for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer, and Related Products, approved October 1, 2003.

8) ASTM E84-07, Standard Test Method for Surface Burning Characteristics of Building Materials, approved 2007.

9) ASTM D4359-90 (2006) Standard Te st 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 2001.51

12) ASTM C836-06, Specification for High Solids Content, Cold LiquidApplied Elastomeric Waterproofing Membrane for Use with Separate Wearing Course, approved 2006.

13) ASTM D86-07b, Standard Test Me thod 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 Manageme nt District (SCAQMD) Method 304- 91, Determination of Volatile Organi c Compounds in Various Materials, revised February 1996.

2) SCAQMD Method 303-91, Determina tion of Exempt Compounds, revised February 1993.

3) SCAQMD Method 318-95, Determinati on of Weight Percent Elemental Metal in Coatings by X-Ray Diffraction, approved July 1996.

h) Bay Area Air Quality Management, Di strict Office, 939 Ellis Street, San Francisco, CA 94109

1) Bay Area Air Quality Manageme nt District (BAAQMD) Method 43, Determination of Volatile Methylsiloxanes in Solvent-Based Coatings, Inks, and Related Materials, pr oposed amendment February 4, 2004.

2) BAAQMD Method 41, Determination of Volatile Organic Compounds in Solvent-Based Coatings and Related Materials Containing Parachlorobenzotrifluoride, pr oposed 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 Ma y 5, 2005. California Air Resources Board, 1001 I Street, P.O. Box 2815, Sacramento, CA 95812.

j) SCAQMD Rule 1174, Ignition Method Co mpliance Certification Protocol (adopted October 5, 1990).

k) Cal. Admin. Code title 17 § 94509(h), Standards for Consumer Products (2005).

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

m) Cal. Admin. Code title 17, Artic le 4, Alternate Control Plan §§ 94540-94555, (1996).52

n) Cal. Admin. Code title 17 § 94511, Innovative Products (1997).

o) Cal. Admin. Code title 17 § 94503.5, Innovative Products (1996).

p) 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.

q) Federal Specification MMM-A-181D, Adhesives, Phenol, Resorcinol, or Melamine Base (1980).

SUBPART B: CONSUMER AN D COMMERCIAL PRODUCTS

Section 223.200 Purpose

The purpose of this Subpart is to limit emissi ons of volatile organi c 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, below, this Subpart shall apply to any person who sells, supplies, offers for sale, or manufactures cons umer products on or after January 1, 2009, for use

in Illinois.

Section 223.203 Definitions for Subpart B

The definitions contained in this Section apply only to the provisions of this Subpart. Unless otherwise defined herein, the definitions of terms used in this Subpart shall have the meanings specified for those terms in 35 Ill. Adm. Code Part 211.

“Adhesive” means for purposes of this Subpa rt, any product that is used to bond one surface to another by attachment. This doe s not include products used on humans and animals, adhesive tape, contact paper, wallp aper, shelf liners, or any other product with an adhesive incorporated onto or in an inert substrate. Fo r “Contact Adhesive,” adhesive does not include units of product, less packaging, which consist of more than one gallon. For “Construction, Panel, and Floor Cove ring Adhesive,” and “General Purpose Adhesive,” “Adhesive” does not include units of product, less packaging, which weigh more than one pound and consist of more than 16 fluid ounces. This limitation does not apply to aerosol adhesives.

“Adhesive Remover” means a product designed to remove adhesives from either a specific substrate or a variet y of substrates. “Adhesive Remover” does not include products that remove adhesives intended ex clusively for use on humans or animals.

For the purpose of this definition and “A dhesive Remover” subcategories below,

the term “Adhesive" shall mean a substan ce used to bond one or more materials.53

Adhesive includes, but is not limited to caulks, sealants, gl ues, or similar substances used for the purpose of forming a bond.

“Floor and Wall Covering Adhesive Re mover” 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 lock ing adhesives. Products labeled for dual use as a paint stripper and ga sket remover and/or thread locking adhesive remover

are considered “Gasket or Thr ead Locking Adhesive Remover.”

“General Purpose Adhesive Remover” m eans a product designed or labeled to remove cyanoacrylate adhesives as well as non-reactive adhesives or residue from a variety of substrates. “General Purpose Adhesive Remover” includes, but is not limited to the following: products that rem ove 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 Adhe sive 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 incl ude 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 pr oduct in which the spray mechanism is permanently housed in a nonrefillable can desi gned for hand-held application without the need for ancillary hoses or spray equipmen t. This does not include “special purpose spray adhesives,” “mist spray adhesives” and “web spray adhesives.”

“Aerosol cooking spray” means any aerosol pr oduct 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 pestic ide 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,

industrial or institutional use. For the purposes of this definition only:54

“Home use” means use in a household or its immediate environment;

“Structural pest control” mean s a use requiring a license under the Structural Pest Control Act, 225 ILCS 235;

“Industrial use” means use for or in a ma nufacturing, mining, or chemical process or use in the operation of factories, processing plants, and similar sites ; or

“Institutional use” means use within the lin es 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 th e air. “Air Freshener” do es not include products that are used on the human body, products that f unction primarily as cleaning products as indicated on a product label, “Toilet/Urinal Care Produc ts,” disinfectant products claiming to deodorize by killing germs on su rfaces, or institutional and industrial

disinfectants when offered for sale solely through institutiona l and industrial channels of

distribution.

“Air Freshener” does include spray disinfectants and other products that are expressly represented for use as air fresheners, except in stitutional and industrial disinfectants when offered for sale through institutional and i ndustrial channels of distribution. To determine whether a product is an air freshe ner, all verbal and vi sual representations regarding product use on the label or pack aging and in the product's literature and advertising may be considered. The presence of, and representati ons 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” mean s all other compounds which contain at

least one carbon atom and ar e not listed under Section 223.205( a) or are a “LVP-VOM.”

“All Other Forms” means all consumer pr oduct forms for which no form-specific VOM standard is specified. Unless specified otherwise by the applicable VOM standard, “All Other Forms” include, but are not limited to, solids, liquids, wicks, powders, crystals, and cloth or paper wipes (towelettes).

“Alternative Control Plan or ACP” means any emissions averaging program approved by the Agency pursuant to the provisions of this regulation.

“Antimicrobial Hand or Body Cleaner or So ap” means a cleaner or soap which is designed to reduce the level of microorganisms on the skin through germicidal activity. This includes, but is not limited to, antim icrobial hand or body washes/cleaners, foodhandler hand washes, healthcare pers onnel hand washes, pre-operative skin55

preparations and surgical scrubs. “Antim icrobial Hand or Body Cleaner or Soap” does not include prescription drug products, antiperspirants, “A stringent/Toner,” deodorant, “Facial Cleaner or Soap,” “General-use Hand or Body Cleaner or Soap,” “Hand Dishwashing Detergent” (including antimicrobi al), “Heavy-duty Hand Cleaner or Soap,” “Medicated Astringent/Medicated Toner,” and “Rubbing Alcohol.”

“Antiperspirant” means any product including, but not lim ited 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 la beled to eliminate, pr event, or inhibit the accumulation of static electricity. “Anti-St atic Product” does not include “Electronic Cleaner,” “Floor Polish or Wa x,” “Floor Coating,” and produ cts that meet the definition of “Aerosol Coating Product” or “Architectural Coating.”

“Appurtenance” means any accessory to a statio nary structure coated at the site of installation, whether installed or detache d, including but no limited to, bathroom and kitchen fixtures, cabinets, concrete forms, doors, elevators, fences, hand railings, heating equipment, air conditioning equipment, a nd other fixed mechanical equipment or stationary tools, lampposts, partitions pi pes and piping systems, rain gutters and downspouts, stairways, fixed ladders, catwa lks and fire escapes, and window screens.

“Architectural Coating” means for purposes of this Subpart, a coating to be applied to stationary structures or the a ppurtenances at the site of inst allation, to portable buildings at the site of installation, to pavements, or to curbs. Coati ngs applied in shop applications or to non-stationary structures such as airplanes, ships, boa ts, railcars, and automobiles,

and adhesives are not considered “Architectur al Coatings” for the pur poses of this rule.

“Astringent/Toner” means any product not regul ated as a drug by the United States Food and Drug Administration (FDA) wh ich is applied to the skin for the purpose of cleaning or tightening pores. This category also in cludes clarifiers and substrate-impregnated products. This category does not include any ha nd, face, or body cleaner or soap product, “Medicated Astringent/Medicated Toner, ” cold cream, lotion, or antiperspirant.

“Automotive Brake Cleaner” means a cleaning product designed to remove oil, grease, brake fluid, brake pad material or dirt from motor vehicle brake mechanisms.

“Automotive Hard Paste Wax” means an auto motive wax or polish which is designed to protect and improve the appearance of automoti ve 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 automobile s and wiped off prior to the product being allowed to dry.56

“Automotive Rubbing or Polishing Compound” means a product designed primarily to remove oxidation, old paint, scratches or swir l 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 ot herwise enhance a motor vehicl e’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 Po lishing Compounds,” automotive wash and wax products, surfactant-contai ning car wash products, and products designed for use on unpainted surfaces such as bare me tal, 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 produc t 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 carcasse s, tree sap and road grime, such as road tar, roadway paint markings, and asphalt.

“Carburetor or Fuel-I njection Air Intake Cleaners” means a product designed to remove fuel deposits, dirt, or other contaminants from a carburetor, choke, throttle body of a fuelinjection system, or associated linkages, ex cluding products designe d exclusively to be introduced directly into the fuel lines or fu el storage tank prior to introduction into the carburetor or fuel injectors.

“Carpet and Upholstery Cleaner” means a cl eaning 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 includ es, 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, dr y cleaning fluids, or products designed exclusively for use at industria l facilities engaged in furnitu re or carpet manufacturing.

“Charcoal Lighter Material” means any combus tible material designe d to be applied on, incorporated in, added to, or used with char coal to enhance ignition. The term does not include any of the following: electrical starte rs and probes, metallic cylinders using paper tinder, natural gas, propane, and fat wood.57

“Colorant” means for purposes of this Subpart , any pigment or coloring material used in a consumer product for an aesthetic eff ect, or to dramatize an ingredient.

“Construction, Panel, and Floor Covering A dhesive” means any one-component adhesive that is designed exclusively for the instal lation, remodeling, maintenance, or repair of structural and building compone nts 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 that include, but are not limited to, wood or simulated wood covering, carpet, carpet pad or cushion, vinyl-backed carpet, flexible flooring material, nonresilient flooring material, mirror tiles and other types of tiles, and artificial grass. The term does

not include “Floor Seam Sealer.”

“Consumer” means any person who purchases or acquires any consumer product for personal, family, household, or institutional use. Persons acquiring a consumer product for resale are not “consumers” for that product.

“Consumer Product” means a chemically formulated product used by household and institutional consumers including, but not limited to detergents, cleaning compounds, polishes, floor finishes, cosmetics, pers onal care products; home , lawn, and garden products, disinfectants, sanitizers, aerosol paints, and automotive specialty products.

“Consumer Product” does not include othe r paint products, furniture coatings, or architectural coatings. As used in this ru le, “Consumer Products” shall also refer to “Aerosol Adhesives,” including “Aerosol Adhe sives” 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 be fore 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 clam ping of surfaces after the adhesive-coated surfaces have been brought together using su fficient 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 a ny contact adhesive th at 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, high pr essure 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 automotive58

applications that are either automotive under the- hood applic ations requiring heat, oil or gasoline resistance, or body-side molding, au tomotive weatherstrip or decorative trim.

“Container/Packaging” means the part or part s of the consumer or institutional product which serve only to contain, enclose, incorporate, deliver, dispense, wrap or store the chemically formulated substance or mixture of substances which is solely responsible for accomplishing the purposes for which the product was designed or intended. This includes any article onto or into whic h the principal display panel and other accompanying literature or graphics are inco rporated, etched, printed or attached.

“Crawling Bug Insecticide” means any insectic ide product that is de signed for use against ants, cockroaches, or other household craw ling arthropods, includi ng, 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 pr oduct 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 hous ehold crawling arthropods.

“House dust mite” means mites which feed primarily on skin cells shed in the home by humans and pets and which belong to the phylum Arthropoda, the subphylum Chelicerata, the class Arac hnida, the subclass Acari, the order Astigmata, and the family Pyroglyphidae.

“Date-Code” means the day, month and y ear on which the consumer product was manufactured, filled, or packaged, or a code indicating such a date.

“Deodorant” means:

For products manufactured before January 1, 2009: any product including, but not limited to, aerosols, roll-ons, sticks, pu mps, pads, creams, and squeeze-bottles, that is intended by the manufacturer to be used to minimize odor in the human axilla by retarding the gr owth of bacteria which cause the decomposition of perspiration.

For products manufactured on or after January 1, 2009: any product including, but not limited to, aerosol, roll-ons, sticks, pum ps, pads, creams, and squeeze-bottles, that indicates or depicts on the container or packaging, or on any sticker or label affixed thereto, that the product can be us ed on or applied to the human axilla to provide a scent and/or minimize odor. A “Deodorant Body Spray” product that indicates or depicts on the container or packaging, or on any sticker or label affixed thereto, that it can be used on or applied to the human axilla, is a

“Deodorant”59

“Deodorant Body Spray” means

For products manufactured before Ja nuary 1, 2009, a “Personal Fragrance Product” with 20 percent or less fragrance.

For products manufactured on or after January 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 thereto, 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) which is designed for trapping, destroying, repelling, or mitigati ng any pest or any other form of plant or animal life (other than man and other than ba cterium, virus, or another microorganism on or in living man or other living animals) but not including equipment used for the application of pesticides when sold separately therefrom.

“Disinfectant” means any product intended to dest roy or irreversibly in activate 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 U.S.C. 136, et seq.) . “Disinfectant” doe s not include any of the following products designed solely for us e on human or animals, products designed for agricultural use, products designed solely for use in swimming pools, therapeutic tubs, or hot tubs, products which, as indicated on the principal display panel or label, are designed primarily for use as bathroom and tile cleaners, glass cleaners, general purpose cleaners, toilet bowl cleaners, or metal polishes.

“Double Phase Aerosol Air Freshener” means an aerosol air freshener with the liquid contents in two or more distinct phases th at require the product container be shaken before use to mix the phases, producing an emulsion.

“Dry Cleaning Fluid” means any non-a queous liquid product designed and labeled exclusively for use on fabrics which are labele d “for 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 co mmercial 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 pur poses of this definition, “S-coded fabric” means an upholstery fabric designed to be cleaned only with water-free spot cleaning products as specified by the Joint Indu stry Fabric Standards Committee.

“Dusting Aid” means a product designed to assi st 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”.60

“Electrical Cleaner” means a product labeled to remove heavy soils such as grease, grime, or oil from electrical equipment, in cluding, but not limited to, electric motors, armatures, relays, electric panels, or gene rators. The term does not include “General Purpose Cleaner,” “General Purpose Degreas er,” “Dusting Aid,” “Electronic Cleaner,” “Energized Electrical Cleaner ,” “Pressurized Gas Duster,” “Engine Degreaser,” “AntiStatic 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) player s, digital video disc (DVD) players, and computers. “Electronic Cleaner” does not incl ude “General Purpose Cleaner,” “General Purpose Degreaser,” “Dusting Aid,” “Pressu rized 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 elec trical potential from a com ponent, such as a capacitor;

The product label clearly displays the statements: “Energized Equipment use only. Not to be used for motorized ve hicle maintenance, or their parts.”

This does not include “Electronic Cleaner.”

“Engine Degreaser" means a cleaning product de signed to remove grea se, grime, oil and

other contaminants from the external surface s of engines and other mechanical parts.

“Existing Product” means any formulation of the same product category and form sold, supplied, manufactured, or offere d for sale in Illinois prio r to January 1, 2009, or any subsequently introduced identical formulation.

“Fabric Protectant” means a produc t designed to be applied to fa bric substrates to protect the surface from soiling from dirt and other impurities or to reduce absorption of liquid

into the fabric's fibers. The term does not include waterproofers, products designed for use solely on leather, or products designed for use solely on fabrics which are labeled “for dry clean only” and sold in co ntainers of 10 flui d ounces or less.

“Fabric Refresher” means a product labele d to neutralize or eliminate odors on nonlaundered fabric including, but not limited t o, soft household surfaces, rugs, carpeting, draperies, bedding, automotive interiors, footwe ar, athletic equipment, clothing and/or on household furniture or objects upholstered or co vered with fabrics such as, but not limited to, wool, cotton, or nylon. “Fabric Refresher” does not include “Anti-static Product,”61

“Carpet and Upholstery Cleaner,” “Soft Hous ehold 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 on ly, “Soft Household Surface Sanitizer” means a product labeled to neutralize or eliminate odors on surfaces listed above whose label is registered as a sanitizer under the Federa l Insecticide, Fungicide, and Rodenticide Act, (FIF RA, 7 U.S.C. 136 et seq.).

“Facial Cleaner or Soap” means a cleaner or soap designed primarily to clean the face including, but not limited to facial cleansi ng creams, semisolids, liquids, lotions, and substrate-impregnated forms. The term does not include prescription drug products, “Antimicrobial Hand or Body Cleaner or So ap,” “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 which enhance ignition of the kindli ng, excluding any kindling with substances added to enhance flammability, such as wax-covered or wax-impregnated wood-based products.

“Faux Finishing Coating” means a coating labele d 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” mean s 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 hu mans 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 formul ated for application to flooring, including, but not limited to, deck s, porches, steps, and other horizontal surfaces, which may be subjected to foot traffic.

“Floor Polish or Wax” means a wax, polish, or any other product designed to polish, protect, or enhance floor surf aces by leaving a protective coat ing 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 coat ings subject to architectural coatings regulations.

“Floor Seam Sealer” means any product designed and labeled exclusively for bonding, fusing, or sealing (coating) seams between ad joining rolls of inst alled flexible sheet flooring.62

“Floor Wax Stripper” means a product designe d 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 insectic ide 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 Insect icide,” products that are designed to be used exclusively on humans or animals, or any moth-proofing product.

For the purposes of this definition only, “Moth-Proofing Product” means a product whose label, packaging, or acco mpanying literature indicates that the product is designed to protect fabrics from damage by moths, but does not indicate that the pr oduct is suitable for use agains t 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 leat her 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 Prot ectant,” “General Purpose Adhesive,” “Contact Adhesive,” “Vi nyl/Fabric/Leather/Polycarbonate Coating,” “Rubber and Vinyl Protectant,” “Fabric Refresher,” products solely for deodorizing, or sealant products with ad hesive properties used to create external protective layers greater

than two millimeters thick.

“Fragrance” means a substance or complex mixt ure of aroma chemicals, natural essential oils, and other functional components with a combined vapor pressure not in excess of two mm of Hg at 20 o C, the sole purpose of which is to impart an odor or scent, or to

counteract a malodor.

“Furniture Maintenance Product” means a wa x, polish, conditioner, or any other product designed for the purpose of polishing, protec ting or enhancing finished wood surfaces

other than floors. The term does not in clude “Dusting Aids,” “Wood Cleaners” and products designed solely for the purpose of cleaning, and products designed to leave a permanent finish such as stai ns, sanding sealers and lacquers.

“Furniture Coating” means any paint desi gned for application to room furnishings including, but not limited to, cabinets (kitchen, bath and vanity), tabl es, 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.63

“General Purpose Adhesive” means any non-aerosol adhesive designed for use on a variety of substrates. The term does not in clude contact adhesives, construction, panel, and floor covering adhesives, adhesives de signed exclusively for application on one specific category of substrates (i.e., substrates that are composed of similar materials, such as different types of metals, paper produc ts, ceramics, plastics, rubbers, or vinyls), or adhesives designed exclusivel y for use on one specific category of articles (i.e., articles that may be composed of different materi als but perform a specific function, such as gaskets, automotive trim, weat her-stripping, or carpets).

“General Purpose Cleaner” means a product desi gned for general all-purpose cleaning, in contrast to cleaning products designed to clean specific substr ates in certain situations. This includes products designed for genera l floor cleaning, kitchen or countertop cleaning, and cleaners designed to be used on a variety of hard surfaces, and does not include “General Purpose Degreaser s” and “Electronic cleaners.”

“General Purpose Degreaser” means any produc t 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 Rem over,” “Electronic Cleaner,” “Electrical Cleaner,” “Energized Electrical Cleaner,” “Metal Polish/Clean ser,” products used exclusively in “Solvent Cleani ng Tanks or Related Equipment,” or products that are sold exclusively to establishments which manuf acture or construct goods or commodities, and

labeled “not for retail sale.”

“Solvent cleaning tanks or re lated equipment” includes, but is not limited to, cold cleaners, vapor degreasers, conveyorized degreasers, film cleaning machines, or products designed to clean miscellane ous 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, dua l-purpose shampoo-body cleaners, shower or bath gels, and moisturizing cleaners or soap s. The term does not include prescription drug products, “Antimicrobial Hand or Body Cleaner or Soap,” “Astringent/Toner,” “Facial Cleaner or Soap,” “Hand Dishwash ing Detergent” (including antimicrobial), “Heavy-duty Hand Cleaner or Soap,” “Medi cated Astringent/Medicated Toner,” or “Rubbing Alcohol.”

“Glass Cleaner” means a cleaning product designed primarily for cleaning surfaces made of glass. The term does not include products designed solely for the purpose of cleaning optical materials used in eyeglasses, photogr aphic equipment, scientific equipment and photocopying machines.

“Graffiti Remover” means a product labeled to remove spray paint, ink, marker, crayon, lipstick, nail polish, or shoe polish, from a variety of non-cloth or nonfabric substrates.

The term does not include “Paint Remover or Stripper,” “Nail Polish Remover,” or “Spot64

Remover.” Products labeled for dual use as bot h a paint stripper and graffiti remover are

considered “Graffiti Removers.”

“Hair Mousse” means a hairstyling foam designe d 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 Stylin g Gel,” or products whose primary purpose

is to condition or hold the hair.

“Hair Styling Gel” means a consumer produc t manufactured before January 1, 2009, that is a high viscosity, often gela tinous, product that contains a resin and is designed for the application to hair to aid in styli ng and sculpting of the hair coiffure.

“Hair spray” means:

For products manufactured before Janua ry 1, 2009, a consumer product designed primarily for the purpose of dispensing dr oplets of a resin on and into a hair coiffure which will impart sufficient rigidity to the coiffure to establish or retain the style for a period of time, and

For products manufactured on or after January 1, 2009, a c onsumer product that is applied to styled hair, and is designed or labeled to provide sufficient rigidity, to hold, retain and/or (fin ish) the style of the hair for a period of time. This includes aerosol hair sprays, pump hair sprays, sp ray waxes; color, glitter, or sparkle hairsprays that make finishing claims; and products that are both a styling and finishing product. This does not include sp ray products that are intended to aid in styling but does not provide finishing of a hairstyle. For the purposes of this Subpart, “Finish” or “Finishing” means the maintaining and/or holding of previously styled hair for a period of time. For the purposes of this Subpart, “Styling” means the forming, sculpting, or manipulating the hair to temporarily alter the hair's shape.

“Hair Styling Product” means a consumer product manufactured on or after January 1, 2009, that is designed or labeled for the applica tion 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, cu rl straightener, gel, liquid, lotion, paste, pomade, putty, root lifter, serum, spray gel, stick, temporary hair st raightener, 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 Sh ine,” “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 period65

of time. For the purposes of this Subpart , “Styling” means the forming, sculpting, or manipulating the hair to temporarily alter the hair's shape.

“Heavy-Duty Hand Cleaner or Soap” means a product designed to clean or remove difficult dirt and soils such as oil, grease, gr ime, tar, shellac, putt y, 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 prescrip tion 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 material s that require a permit for use and possession.

“High Volatility Organic Material (HVOM)” or “High Volatil ity Organic Compound” means any volatile organic material or volatile organic compound that exerts a vapor pressure greater than 80 millimeters of Mercury (mm Hg) when measured at 20 o C.

“Household Product” means any consumer product that is primarily designed to be used inside or outside of living quarters or resi dences that are occupied or intended for occupation by individuals, includi ng 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 th at data is not available, any consecutive 12 month period commencing no earlier than two ye ars prior to the due date of the registration. If direct sales data for Illinois is not available, sa les may be estimated by prorating national or regional sales da ta by population.

“Industrial use” means use for or in a manufact uring, mining, or chemical process or use in the operation of factories, proc essing plants, and similar sites.

“Insecticide” means a pesticide product that is designed for use agai nst insects or other arthropods, but excluding products that are for agricultural use, for a use which requires a structural pest control licen se under the Structural Pest Control Act, 225 ILCS 235, or restricted materials that require a permit for use and possession.

“Insecticide Fogger” means any in secticide product designed to release all or most of its content, as a fog or mist, into i ndoor areas during a single application.

“Institutional Product” or “I ndustrial and Instituti onal (I&I) Product” means a consumer product that is designed for use in the mainte nance or operation of an establishment that manufactures, transports, or se lls goods or commodities, or provides services for profit, or is engaged in the nonprofit promotion of a pa rticular public, educational, or charitable cause. “Establishments” include, but are not limited to, government agencies, factories,66

schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile service and parts centers, health clubs, theaters, or tr ansportation companies. This does not include household products and products that are incorp orated 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, molded into, embosse d on, or appearing upon any consumer product or consumer product package, for purpos es of branding, identifying, or giving information with respect to the product or to the contents of the package.

“Lacquer” means for purposes of this Subpart , a clear or opaque wood coating, including clear lacquer sanding sealers, formulated with cellulosic or synthetic resins to dry by evaporation without chemical reaction a nd to provide a solid, protective film.

“Laundry Prewash” means a product that is desi gned for application to a fabric prior to laundering and that supplements and contri butes to the effectiveness of laundry detergents and/or provides specialized performance.

“Laundry Starch Product” means a product that is designed for application to a fabric, either during or afte r 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 insect icide product labeled primarily to be used in household lawn and garden areas to protect plants from insects or other arthropods. Notwithstanding the requirements of S ection 223.260 aerosol “Lawn and Garden Insecticides” may claim to kill insects or other arthropods.

“Liquid” means a substance or mixture of s ubstances which is capable of a visually

detectable flow as determined under ASTM D-4359-90, incorporated by reference in Section 223.120, including any subsequent amendments or an equivalent method approved by the California Air Resources Boar d. This does not include powders or other materials that are composed entirely of solid particles.

“Lubricant” means a product designed to reduc e friction, heat, noise, or wear between moving parts, or to loosen rusted or imm ovable parts or mechanisms. This does not include automotive power steering fluids; products for use inside power generating motors, engines, and turbines, and their asso ciated power-transfer gearboxes; two cycle oils or other products designe d to be added to fuels; pr oducts for use on the human body or animals; or products that are sold exclusively to establishments which 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), e xpressed to the nearest 0.1.67

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

that contains at least one carbon at om and meets one of the following:

Has a vapor pressure less than 0.1 mm Hg at 20 o C, as determined by CARB Method 310; or

Is a chemical “material” or “compound” with more than 12 carbon atoms, or a chemical “mixture” comprise d solely of “material” or a “compound” with more than 12 carbon atoms as verified by formul ation data, and the vapor pressure and boiling point are unknown; or

Is a chemical “material” or “compound” with a boiling point greater than 216 o C, as determined by CARB Method 310; or

Is the weight percent of a chemical “mixture” that boils above 216 o C, as determined by CARB Method 310.

For the purposes of the definition of LVP-VOM, chemical “material” or “compound” means a molecule of definite chemical formula and isomeric structure, and chemical “mixture” means a substrate comprised of two or more chemical “materials” or “compounds.”

“Medicated Astringent /Medicated Toner” means any product regulated as a drug by the FDA which is applied to the skin for the pur pose 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 purchas ed with a doctor’s prescription.

“Medium Volatility Organic Material (MVOM)” or “Medium Volatility Organic Compound (MVOC)” means any vol atile organic material or volatile organic compound that exerts a vapor pressure greater than two mm Hg and less than or equal to 80 mm Hg

when measured at 20 o C.

“Metal Polish /Cleanser” means any pr oduct designed primarily to improve the appearance of finished metal, metallic, or metallized surfaces by physical or chemical action. To “improve the appearance” means to remove or reduce stains, impurities, or

oxidation from surfaces or to make surfaces sm ooth 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 de tailing, or products designed for use in degreasing tanks.

“Mist Spray Adhesive” means any aerosol whic h is not a special purpose spray adhesive and which delivers a particle or mist spray, re sulting in the formation of fine, discrete68

particles that yield a generally uniform a nd smooth application of adhesive to the

substrate.

“Multi-purpose Dry Lubricant” means any l ubricant which is 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 fo r use in a wide variety of applications.

“Multi-purpose Lubricant” means any lubri cant designed for general purpose lubrication, or for use in a wide variety of applicati ons. The term does not include “Multi-purpose Dry Lubricants,” “Penetrants,” or “Si licone-based Multi-purpose Lubricants.”

“Multi-purpose Solvent” means any organic liq uid designed to be used for a variety of purposes, including cleaning or degreasing of a variety of subs trates, 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 la boratories. This does not in clude solvents used in cold cleaners, vapor degreasers, conveyorized de greasers or film cleaning machines, or solvents that are incorporated into, or used exclusively in the manu facture or construction of the goods or commodities at th e site of the establishment.

“Nail Polish” means any clear or colored coating designed for application to the fingernails or toenails and in cluding but not limited to lac quers, enamels, acrylics, base coats and top coats.

“Nail Polish Remover” means a product desi gned to remove nail polish and coatings from fingernails or toenails.

“Non-aerosol Product” means any consumer product that is not dispensed by a pressurized spray system.

“Non-Carbon Containing Compound” means any compound which doe s not contain any

carbon atoms.

“Nonresilient Flooring” means fl ooring of a mineral content which is not flexible. This includes terrazzo, marble, slate, granite, brick, stone, ceramic tile and concrete.

“Non-Selective Terrestrial Herbicide” means a terrestrial herbicide product that is toxic to plants without regard to species.

“Oven Cleaner” means any cleaning product de signed to clean and to remove dried food deposits from oven walls.

“Paint” means any pigmented liquid, liquefi able, or mastic composition designed for application to a substrate in a thin layer whic h is converted to an opaque solid film after application and is used for protection, deco ration or identif ication, or to serve some69

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 produc t designed to strip or remove paints or other related coatings, by chemical action, fr om a substrate without markedly affecting

the substrate. This does not include “Multi-purpose Solv ents,” 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 la beled primarily to loosen metal parts that have bonded together due to rusting, oxidati on, 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 pr oduct which is applied to the human body or clothing for the primary purpose of adding a scent or masking a malodor, including cologne, perfume, aftershave, and toilet wate r. This does not include “Deodorant,” medicated products designed primarily to allevi ate fungal or bacterial growth on feet or other areas of the body; mouthwashes, br eath fresheners and deodorizers; lotions, moisturizers, powders or other skin care products used primarily to alleviate skin conditions such as dryness and irritations; products designed ex clusively for use on human genitalia; soaps, shampoos, and products primarily used to clean the human body; and fragrance products designed to be us ed 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 substa nces 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 devi ce which the United States Environmental Protection Agency does not consider to be a pesticide.

“Photograph Coating” means a coating designed and labeled exclusively to be applied to finished photographs to allow corrective ret ouching, protection of th e image, 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 fl ow, 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, pr esented, 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 “Princip al Display Panels.”70

“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 ca tegory which best describes the product as

listed in this Section 223.203 and in the limits in Section 223.205(a).

“Product Form” for the purpose of comply ing with Section 223.270 only, means the applicable form which most accurately de scribes 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 id entical form and function belonging to the same product category(ies).

“Pump Spray” means a packaging system in which the product ingredients within the container are not under pressure and in wh ich the product is expelled only while a pumping action is applied to a button, trigger or other actuator.

“Responsible ACP Party” means the company, fi rm or establishment which is listed on the ACP product's label. If the label li sts two or more companies, firms, or establishments, the “Responsible ACP Party” is the party which the ACP product was

“manufactured for” or “distributed by,” as noted on the label.

“Restricted Materials” means pesticides established as restricted materials under applicable Illinois Laws or Regulations.

“Roll-on Product” means any antiperspira nt or deodorant that dispenses active ingredients by rolling a we tted ball or wetted cylinde r 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 appearan ce-enhancing or protect ive substance on the

tire.

“Rubbing Alcohol” means any product cont aining isopropyl alcohol (also called isopropanol) or denatured etha nol and labeled for topical us e, usually to decrease germs in minor cuts and scrapes, to relieve minor muscle aches, as a rubefacient, and for

massage.71

“Rust Preventive Coating” means a coating formulated exclusively for nonindustrial use to prevent the corrosion of metal surfaces a nd labeled as specified in Section 223.320(f).

“Sanding Sealer” means for purposes of this Subpart, a clear or se mi-transparent wood coating labeled and formulated for applica tion to bare wood to seal the wood and to provide a coat that can be ab raded to create a smooth surfac e 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 produc t with adhesive properties that is designed to fill, seal, waterproof, or weatherp roof gaps or joints between two surfaces.

This does not include roof cements and roof sealants, insulating foams, removable caulking compounds, clear/paintab le/water resistant caulki ng compounds, floor seam sealers, products designed exclusively for auto motive uses, or sealers that are applied as continuous coatings. The term also does not include units of pr oduct, less packaging, which weigh more than one pound and consis t of more than 16 fluid ounces.

For the purposes of this definition on ly, “removable caulking compounds” means a compound which temporarily seals wi ndows or doors for three to six month time intervals, and “clear/paintable/wat er resistant caulking compounds” means a compound which contains no appreciable le vel of opaque fillers or pigments;

transmits most or all visibl e light through the caulk when cured; is paintable; and is immediately resistant to precipitation upon application.

“Semisolid” means a product that, at room te mperature, will not pour, but will spread or deform easily, including but not lim ited to gels, pastes, and greases.

“Shaving Cream” means an aerosol product which dispenses a foam lather intended to be used with a blade or cartridge razor, or other wet-shaving syst em, in the removal of facial or other bodily hair. The term does not include “Shaving Gel.”

“Shaving Gel” means an aerosol product wh ich dispenses a post-foaming semisolid designed to be used with a blade, cartridge r azor, or other shaving system in the removal of facial or other bodily hair. This does not include “Shaving Cream.”

“Silicone-based Multi-purpose Lubricant” means any lubricant which is designed and labeled to provide lubricity primarily through the use of silicone compounds including, but not limited to, polydimethylsiloxane; a nd 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 pr oducts from molds.

“Single Phase Aerosol Air Freshener” means an aerosol air freshener with the liquid contents in a single homogeneous phase a nd which does not require that the product

container be shaken before use.72

“Solid” means a substance or mixture of s ubstances which, either whole or subdivided (such as the particles comprising a powder), is not capable of visually detectable flow as determined under ASTM D-4359-90, incorporat ed by reference in Section 223.120, or an equivalent method approved by the California Air Resources Board.

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

“Mounting Adhesive” means an aerosol a dhesive 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 aeros ol adhesive designed to bond flexible vinyl to substrates. Flexible vinyl me ans 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 organi c solvent, that is incorporated into a plastic to increase its flexibility, work ability, or distensibility, and may be determined using ASTM Method E260-96, in corporated 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 la minated with high pressure laminates (e.g., lifted edges, delaminates, etc.); or

The touch-up, repair, or attachment of edgebanding materials, including but not limited to, other laminates, synthetic marble, veneers, wood molding, and decorative metals.

For the purposes of this definition “h igh pressure laminate” means sheet materials which consist of paper, fabric , or other core material that have been laminated at temperatures excee ding 265 degrees F, and at pressures between 1,000 and 1,400 psi.73

“Automotive Engine Compartment Adhe sive” means an aerosol adhesive designed for use in motor vehicle under-t he-hood applications which require oil and plasticizer resistance, as well as high shear strengt h, at temperatures of 200 - 275 degrees F.

“Spot Remover” means any product labeled to clean localized areas, or remove localized spots or stains on cloth or fa bric 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 Prewas h,” or “Multi-purpose Solvent.”

“Spray Buff Product” means a product designed to restore a worn floor finish in conjunction with a floor buffi ng machine and special pad.

“Stick Product” means any antiperspirant or de odorant that contains active ingredients in a solid matrix form, and that dispenses the active ingredients by frictional action on the

affected area.

“Structural Waterproof Adhesi ve” means an adhesive whos e bond lines are resistant to

conditions of continuous immersion in fres h or salt water, and that conforms with Federal Specification MMM-A-181D (Type 1, Grade A), and MIL-A-4605 (Type A, Grade A and Grade C), per the Federal Consumer Products Regulation 40 CFR59 Subpart C.

“Terrestrial” means to live on or grow from land.

“Tire Sealant and Inflation” means any pr essurized product that is designed to temporarily inflate and seal a leaking tire.

“Toilet/Urinal Care Product” means any produc t designed or labeled to clean and/or to deodorize toilet bowls, to ilet tanks, or urinals. Toilet bow ls, toilet tanks, or urinals includes, but is not limited to, toilets or urinals connected to permanent plumbing in buildings and other structures, portable toilets or urinals pl aced at temporary or remote locations, and toilet or urinal s in vehicles such as buses, recreational motor homes, boats, ships, and aircraft. This does not include “Bathroom and Tile Cleaner” or “General Purpose Cleaner.”

“Type A Propellant” means a compressed gas such as CO 2 , N 2 , N 2 O, or compressed air which 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 wh ich is used as a propellent including chlorofluorocarbons (CFCs), hydrochl orofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs).

“Type C Propellant” means any propellent whic h is not a Type A or Type B propellant, including propane, isobutane, n-butane, and dimethyl ethe r (also known as dimethyl oxide).74

“Undercoating” means any aerosol product desi gned to impart a protective, non-paint layer to the undercarriag e, 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 graphi cs on the product's principal display panel, label, or accompanying literature which desc ribes to the end user how and in what quantity the product is to be used.

“VOM Content” means, for purposes of th is 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 c ontainer or packaging), as de termined pursuant to Section 223.285(a) and (b).

For charcoal lighter material products only,

Rate Use Certified 100) x Emissions (Certified = Content VOC

Certified

Emissions = The emissions leve l for products approved by the Agency under Section 223.220, as determined pursuant to South Coast Air Quality Mana gement District Rule 1174 Ignition Method Compliance Certification Protocol (February 27, 1991), expresse d to the nearest 0.001 pound

CH 2 per start.

Certified Use Rate = The usage level for products approved by the Agency under Section 223.220, as determined pursuant to South Coast Air Quality Mana gement District Rule 1174 Ignition Method Compliance Certification Protocol (February 27, 1991), expresse d to the nearest 0.001 pound certified product used per start.

For purposes of Subpart C of this Part , “VOM Content” means the weight of VOM per volume of coating, calculated according to the procedures specified in subsection 223.340(a).

“Wasp and Hornet Insecticide” means any inse cticide product that is designed for use against wasps, hornets, yellow jackets or be es by allowing the user to spray from a

distance a directed stream or burst at th e intended insects, or their hiding place.

“Waterproofer” means a product designed and la beled exclusively to repel water from fabric or leather substrates, excluding “Fabric Protectants”.75

“Wax” means a material or synthetic thermopl astic 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 a nd 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 adhesi ve which is not a mist spray or special purpose spray adhesive.

“Wood Cleaner” means a product labeled to clean wooden material s including but not limited to decking, fences, flooring, logs, cabin etry, and furniture. The term does not include ”Dusting Aid,” “Gener al Purpose Cleaner,” “Furniture Maintenance Product,” “Floor Wax Stripper,” “Floor Polish or Wax,” or products designed and labeled exclusively to preserve or color wood.

“Wood Floor Wax” means wax-based products for use solely on wood floors.

Section 223.205 Standards

a) Except as provided in Secti on 223.207, Section 223.230, Section 223.240, or Section 223.245, no person shall sell, suppl y, offer for sale, or manufacture for sale in Illinois any consumer product ma nufactured on or after January 1, 2009, which contains VOMs in excess of the limits specified below:

Affected Product % VOM by Weight

1) Adhesives - Aerosol

A) Mist Spray 65

B) Web Spray 55

C) Special Purpose Spray Adhesives

i) Mounting, Automotive Engine Compartment, and Flexible Vinyl 70

ii) Polystyrene Foam and Automotive Headliner 65

iii) Polyolefin and Laminate Repair /Edgebanding 60

2) Adhesives - Construction, Pa nel, and Floor Contact 15

3) Adhesives - General Purpose 1076

4) A dhesives – Structural Waterproof 15

5) Air Fresheners

A) Single-Phase Aerosol 30

B) Double Phase Aerosol 25

C) Liquids / Pump Sprays 18

D) Solids / Gel 3

6) Antiperspirants

A) Aerosol 40 HVOM

10 MVOM

B) Non-Aerosol 0 HVOM

0 MVOM

7) Automotive Brake Cleaners 45

8) Automotive Rubbing or Polishing Compound 17

9) Automotive Wax, Polish, Sealant, or Glaze

A) Hard Paste Waxes 45

B) Instant Detailers 3

C) All Other Forms 15

10) Automotive Windshield Washer Fluids 35

11) Bathroom and Tile Cleaners

A) Aerosol 7

B) All Other Forms 5

12) Bug and Tar Remover 40

13) Carburetor or Fuel-Injection Air Intake Cleaners 45

14) Carpet and Upholstery Cleaners77

A) Aerosol 7

B) Non-Aerosol (Dilutables) 0.1

C) Non-Aerosol (Ready-to-Use) 3.0

15) Charcoal Lighter Materi al see Section 223.220

16) Cooking Spray – Aerosol 18

17) Deodorants

A) Aerosol 0 HVOM

10 MVOM

B) Non-Aerosol 0 HVOM

0 MVOM

18) Dusting Aides

A) Aerosol 25

B) All Other Forms 7

19) Engine Degreasers

A) Aerosol 35

B) Non-Aerosol 5

20) Fabric Protectants 60

21) Floor Polishes / Waxes

A) Products for Flexible Flooring Materials 7

B) Products for Nonresilient Flooring 10

C) Wood Floor Wax 90

22) Floor Wax Strippers see Section 223.209

23) Furniture Maintenance Products

A) Aerosol 1778

B) All Other Forms Except Solid or Paste 7

24) General Purpose Cleaners

A) Aerosol 10

B) Non-Aerosol 4

25) General Purpose Degreasers

A) Aerosol 50

B) Non-Aerosol 4

26) Glass Cleaners

A) Aerosol 12

B) Non-Aerosol 4

27) Hair Mousses 6

28) Hairshines 55

29) Hairsprays 55

30) Hair Styling Gels 6

31) Heavy Duty Hand Cleaner or Soap 8

32) Insecticides

A) Crawling Bug (Aerosol) 15

B) Crawling Bug (All Other Forms) 20

C) Flea and Tick 25

D) Flying Bug (Aerosol) 25

E) Flying Bug (All Other Forms) 35

F) Foggers 45

G) Lawn and Garden (Aerosol) 2079

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

B) Liquids 5

40) Paint Remover 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 Removers80

A) Aerosol 25

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 January 1, 2009, any antiperspiran t or deodorant that contains any compound listed below:

Benzene Ethylene Dibromide Ethylene Dichloride

Hexavalent Chromium

Asbestos Cadmium (metallic cadmium and cadmium compounds)

Carbon Tetrachloride Trichloroethylene

Chloroform Vinyl Chloride Inorganic Arsenic Nickel (metallic nickel and inorganic nickel compounds) Perchloroethylene Formaldehyde 1,3-Butadiene Inorganic Lead Dibenzo-p-dioxins and dibenzofuran s 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 sh ould be diluted with water or non-VOM solvent prior to use, the limits specifi ed 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 sp ecial applications such as hard-to-remove soils or

stains.

c) For consumer products for which the label, packaging, or accompanying literature states that the product should be dilute d with any VOM solvent prior to use,81

thelimits specified in Section 223.205(a) sh all apply to the pr oduct 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 Inse cticide, Fungicide, and Rodenticide Act, (FIFRA, 7 U.S.C. Section 136 -136y), incorporated by reference in Section 223.120, the effective date of the VOM standards will be January 1, 2010.

Section 223.208 Requirements for Aerosol Adhesives

a) As specified in California Code secti on 41712(h)(2), incorporated by reference in Section 223.120, the standards for aerosol a dhesives apply to all uses of aerosol adhesives, including consumer, industria l, and commercial uses. Except as otherwise provided in Sections 223.207, 223.230, 223.240, 223.245, no person shall sell, supply, offer for sale, use or ma nufacture for sale in Illinois any aerosol adhesive which, 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 “Speci al Purpose Spray Adhesive” the product

must meet one or more of the defi nitions for “Special Purpose Spray Adhesive” specified in Section 223.203, but if the product label indicates that the product is suitable for us e on any substrate or application not

listed in one of the definitions for “S pecial Purpose Spray Adhesive," then the product shall be classified as e ither 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 Adhesi ve” 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).

c) Effective January 1, 2009, no person shall sell, supply, offer for sale, or manufacture for use in Illinois any aeroso l adhesive which contains any of the following compounds: methylene chlo ride, perchloroethylene, or trichloroethylene.

d) All aerosol adhesives must comply w ith the labeling requirements specified in

Section 223.265.

Section 223.209 Requirements for Floor Wax Strippers82

On or after January 1, 2009, no person shall sell, supply, offer for sale, or manufacture for use in Illinois any floor wax stripper unless the following requirements are met:

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-use d VOM concentration of three percent by weight or less;

b) If a non-aerosol floor wax stripper is al so intended to be used for removal of heavy build-up of polish, the label of th at floor wax stripper must specify a dilution ratio for heavy build-up of po lish that results in an as-used VOM concentration of 12% by weight or less; and

c) The terms “light build

- up,” “medium build

- up,” or “heavy build

- up” are not specifically required, as long as comparable terminology is used.

Section 223.210 Products Containing Ozone-Depleting Compounds

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 which c ontains any of the following ozonedepleting compounds:

1) Trichlorofluoromethane (CFC-11);

2) Dichlorodifluoromethane (CFC-12);

3) 1,1,1-trichloro-2,2,2-trif luoroethane (CFC-113);

4) 1-chloro-1,1-difluoro-2-chlo ro-2,2-difluoroe thane (CFC-114);

5) Chloropentafluoroethane (CFC-115);

6) Bromochlorodifluoromethane (Halon 1211);

7) Bromotrifluoromethane (Halon 1301);

8) Dibromotetrafluoroethane (Halon 2402);

9) Chlorodifluoromethane (HCFC-22);

10) 2,2-dichloro-1,1,1-trif luoroethane (HCFC-123);

11) 2-chloro-1,1,1,2-tetr afluoroethane (HCFC-124);

12) 1,1-dichloro-1-fl uoroethane (HCFC-141b);83

13) 1-chloro-1,1-difl uoroethane (HCFC-142b);

14) 1,1,1-trichloroethane; and

15) Carbon tetrachloride.

b) The requirements in subsection (a) of this Section, shall not apply to any product formulation existing as of January 1, 2009, that complies with Section 223.205(a)

or is reformulated to meet Secti on 223.205(a), provided the ozone-depleting compound content of the reformulated product does not increase.

c) The requirements in subsect ion (a) of this Section sh all not apply to any ozone depleting compounds that may be present as impurities in a consumer product in an amount equal to or less than 0.01% by weight of the product.

Section 223.220 Requirements for Charcoal Lighter Material

a) No person shall sell, supply, or offe r for sale on or after January 1, 2009, any charcoal lighter material product unle ss at the time of the transaction the manufacturer can demonstrate that they ha ve been issued an effective certification by the CARB under the Consumer Produc ts provisions under Subchapter 8.5, Article 2, Section 94509(h), of Title 17 of the California Code of Regulations, incorporated by reference in Section 223.120. This certific ation remains in effect for Illinois for as long as the CA RB certification remains in effect.

b) Alternatively, the person may demonstrat e that at the time of the transaction the

manufacturer had been issued a certificat ion by an air pollution agency of another

state and the USEPA that was curren t at the time of the transaction.

c) Upon request by the Agency, a manufactur er claiming to have a certification as specified in subsection (a) of this Sec tion, must submit to the Agency a copy of

the certification deci sion, including all conditions a pplicable to the certification established by CARB or the air pollution agency of another state and the USEPA.

Section 223.230 Exemptions

a) This regulation shall not apply to any consumer product manufactured in Illinois for shipment and use outside of Illinois, as long as the manufacturer or distributor can demonstrate both that the consumer product is intended for shipment and use outside of Illinois, and that the manufactur er or distributor has taken reasonable, prudent precautions to assure that the consumer product is not distributed to Illinois. This exemption shall not appl y to consumer products that are sold, supplied, or offered for sale by any person to retail outlets in Illinois.84

b) For antiperspirants or deodorants, et hanol shall not be considered a medium volatility organic material (MVOM) fo r purposes of the content standards specified in Section 223.205(a).

c) The VOM limits specified in Secti on 223.205(a) shall not apply to fragrances up to a combined level of two percent by we ight 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 Sec tion 223.205(a) for antiperspira nts or deodorants shall not apply to those volatile organic material s that contain more than 10 carbon atoms per molecule and for which the vapor pr essure is unknown, or that have a vapor pressure of two mm Hg or less at 20 o C.

e) The VOM limits specified in Secti on 223.205(a) shall not apply to any LVPVOM.

f) The requirements of S ection 223.250 shall not appl y to consumer products registered under the Federa l Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. Section 136/136y).

g) The VOM limits specified in Section 223.205( a) shall not apply to air fresheners that are comprised entirely of fragra nce, less compounds not defined as VOMs under Section 211.7150 or exempted under subsection 223.230(f).

h) The VOM limits specified in Section 223.205( a) shall not apply to air fresheners and insecticides containing at least 98% para-d ichlorobenzene;

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, where the bait is designed to be ingested by insects and is composed of solid material feeding stimulants with le ss than five percent active ingredients.

Section 223.240 Innovative Product Exemption

a) Any manufacturer of consumer pr oducts which have been granted an Innovative Product exemption by the CARB under the Innovative Products provisions in Subchapter 8.5, Article 2, Section 94511, or Subchapter 8.5, Article 1, Section 9 4503.5 of Title 17 of the California Code of Regulations, both incorpor ated by reference in Section 223.120, shall be exempt from the limits in 223.205(a) for the period of time that the CARB Innovative Products exemption remains in effect, provided that85

all consumer products within the CARB Innovative Products exemption

are contained in the limits in 223.20 5(a) of this regulation. Any manufacturer claiming such an exemp tion 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 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 sha ll be maintained by the responsible party for a minimum of three years afte r the expiration of such exemption. Such records shall be clearly legi ble and maintained in good condition during this period.

2) The records specified in (1) of this subsection shall be made available to the Agency, or its authorized representative, upon request.

Section 223.245 Alternative Compliance Plans

a) The purpose of this section is to provid e an alternative method to comply with the limits in Section 223.205(a). This altern ative is provided by allowing responsible ACP parties the option of voluntarily ente ring 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 produc ts which have been granted an ACP Agreement by the CARB under the provi sions in Subchapter 8.5, Article 4, Sections 94540-94555, of Title 17 of the California Code of Regulations, incorporated by reference in Section 223.120, shall be exem pt from the limits in Section 223.205(a) for the period of time that the CARB ACP Agreement remains in effect provided that all ACP Products used for emissions credits within the CARB ACP Agreement are contained in Section 223.205(a) of this regulation. Any manufacturer claiming such an ACP Ag reement on this basis must submit to the Agency a copy of the CARB ACP d ecision (i.e., the Executive Order), including all conditions established by CARB applicable to the exemption.

c) Recordkeeping and Availabi lity 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 such ACP. Such records shall be clearly legible and maintained in good condition during this period.

2) The records specified in (1) of this subsection shall be made available to the Agency or its authorized representative upon request.86

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 manufactur ed, 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 Sectio n 223.255(a), if the code is represented separately from other codes on the product container so that it is easily recognizable:

YY DDD = year year day day day

Where:

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

DDD = Three digits representing the day of the year on which the product was manufactured, with “001” representi ng the first day of the year, “002” representing the second day of the y ear, and so forth (i.e., the “Julian date”)

c) This date or code shall be displa yed 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 datecode information shall be located on the cont ainer or inside the cover/cap so that it is readily observabl e or obtainable by simply removing the cap/cover without irreversibly disassemb ling any part of the container or packaging. For the purposes of this s ubsection, 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 22 3.250 shall not apply to products containing no VOMs (as defined in Section 223.203), or containing VOMs at 0.10% by weight or

less.

Section 223.255 Additional Pr oduct 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 manuf acturer. No manufacturer

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

b) Date code explanations for codes indi cating the date of manufacture are public87

information and may not be claimed as confidential.

Section 223.260 Most Restrictive Limit

a) Products manufactured before January 1, 2009, and FIFRA-registered Insecticides manufactured before January 1, 2010.

Notwithstanding the definition of “product category” in Section 223.203, if anywhere on the principal display pane l of any consumer product manufactured before January 1, 2009, or any FIFRA-regist ered insecticide manufactured before January 1, 2010, any representation is made that the product may be used as, or is suitable for use as, a consumer product fo r 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 January 1, 2009, and FIFRA-registered

Insecticides manufactured on or after January 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 January 1, 2009, or any FIFRA-registered insecticide manufactured on or after January 1, 2010, or on any sticker or label affixed thereto, any representation is made that the product may be used as, or is suitable for use as, a cons umer product for which a lower VOC limit is specified in Section 223.205(a), then the lowe st VOM limit shall apply. This requirement does not apply to general purpose cleaners , antiperspirant/deodorant products and insecticide foggers.

Section 223.265 Additional Labeling Requiremen ts 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, el ectrical cleaner, energized electrical cleaner, and contact adhesive product subject to this regulation shall ensure that all products clearly display the followi ng information on each product container which is manufactured on or after January 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 th e product that is sp ecified in Section 223.205(a) except for Energized Electr ical Cleaner, expressed as a percentage by weight, shall be displa yed unless the product is included in an alternative control plan appr oved by the Agency, as provided in88

Sections 223.240, and 223.245, and the product exceeds the applicable VOM standard;

3) If the product is included in an alternative control plan approved by the Agency, and the product exceeds the a pplicable 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 applicati on or an abbreviation of the substrate and/or application that qualifies th e product as special purpose shall be displayed.

5) If the manufacturer or responsible party uses an abbreviation as allowed by this Section 223.265, 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 observab le without removing or disassembling any portion of the product cont ainer or packaging. Fo r 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 223.265(a) prior to fi nal sale of the product.

Section 223.270 Reporting Requirements

a) Upon request, a responsible party must submit to the Agency any of the following information within 90 days of a request by the Agency:

1) The name, address, and telephone numb er of the responsib le 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;

D) The applicable product form(s) listed separately; and

E) An identification of th e product as a household product, institutional product, or both;89

3) Separate Illinois sales in pounds pe r year, to the n earest 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 which 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 one-te nth of a percent (0.1%):

A) Total Section 223.205(a) compounds;

B) Total LVP-VOMs that are not fragrances;

C) Total all other carbon-cont aining compounds that are not fragrances;

D) Total all non-carbon-containing compounds;

E) Total fragrance;

F) For products containing greater than two percent by weight fragrance:

i) The percent of fragran ce that are LVP-VOMs; and

ii) The percent of fragran ce that are all other carboncontaining compounds; and

G) Total paradichlorobenzene;

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

chemical name and associated Chemi cal Abstract Services (CAS) number, of the following:

A) Each Section 223.205(a) compound; and

B) Each LVP-VOM that is not a fragrance; and

7) If the product includes a propellant, the following:

A) The weight percent comprised of propellant for each product; and90

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 subs ection (a)(6) of this Se ction the responsible party shall report or shall arrange to ha ve reported to the Agency, upon request, the net percent by weight of each ozone-depleting compound which is:

1) Listed in Section 223.210(a); and

2) Contained in a product subject to reporting under subsec tion (a) of this Section 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) above upon commencement of the selling of each such product in Illinois.

Section 223.275 Special Recordkeeping Requi rements for Consumer Products that Contain Perchloroethylene or Methylene Chloride

a) The requirements of this Section shall apply to a ll responsible parties for consumer products that are subjec t to Section 223.205(a) and contain perchloroethylene or methylene chloride and Energized Electrical Cleaners as defined in Section 223.203, that contain perc hloroethylene or methylene chloride. For the purposes of this Section, a pr oduct “contains perchloroethylene or methylene chloride” if the product cont ains 1.0 percent or more by weight (exclusive of the container or packaging) of either perchloroe thylene or methylene

chloride.

b) For each consumer product that contains perchloroethylene or methylene chloride, the responsible party shall report the following information for products sold in Illinois, upon request of the Agenc y, within 90 days written notice:

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 fo rm(s) (listed separately);

4) For each product form listed in (3), the total sales in Illinois during the calendar year to the nearest pound (e xclusive of the container or packaging), and the method used for calculating the Illinois sales; and

5) The weight percent, to the nearest 0.10 percent, of pe rchloroethylene and methylene chloride in the consumer product.91

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 th e requirements of this Subpart shall be performed using CARB Method 310, Determin ation of Volatile Organic Materials (VOM) in Consumer Products, adopted September 25, 1997, and as last amended on May 5, 2005, 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 sha ll be kept for each day of production

of the amount and chemical co mposition of the individual product constituents;

2) Records required by (1), above, shall be kept for at least three years;

3) For (4), below, the following shall apply:

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

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

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

4) For the purposes of this section, the VOM content shall be calculated by subtracting the total weight of VOMs exempted under Section 223.230 per unit from the total weight of all VO Ms 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 dem onstrate 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 requiremen ts of this chapter.92

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 th e certification requirements for charcoal lighter material shall be performed us ing the procedures specified in the SCAQMD Test Protocol Ru le 1174 Ignition Method Co mpliance Certification Protocol dated February 28, 1991, which is incorporated by reference in Section

223.120.

e) Testing to determine distillation point s of petroleum distillate-based charcoal lighter materials shall be perfor med using ASTM D86-07b, 2007, which is incorporated by reference in Sect ion 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 INDU STRIAL MAINTENANCE COATINGS

Section 223.300 Purpose

The purpose of this Subpart is to limit emissi ons of VOMs by requiring reductions in the VOM

content of architectural and i ndustrial maintenance coatings a nd required work practices to minimize VOM emissions in the ap plication of architect ural and industrial ma intenance coatings

to surfaces.

Section 223.305 Applicability

This Subpart is applicable to a ny person who supplies, sells, offers for sale, or manufactures any architectural coating for use within the state of Illinois, as well as a ny person who applies or solicits the application of any architectural coatin g 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.93

Section 223.307 Definitions for Subpart C

The definitions contained in this Section apply only to the provisions of this Subpart. Unless otherwise defined herein, the definitions of terms used in this Subpart shall have the meanings specified for those terms in 35 Ill. Adm. Code Part 211.

“Adhesive” means any chemical substance th at is applied for the purpose of bonding two surfaces together other than by mechanical means.

“Aerosol Coating Product” means a pressurized coating product cont aining pigments or resins that dispenses product ingredients by means of a propellant, and is packaged in a disposable can for hand-held application or for use in specialized equipment for ground traffic/marking applications.

“Antenna Coating” means a coating labeled a nd formulated exclusivel y for application to equipment and associated struct ural appurtenances that are used to receive or transmit electromagnetic signals.

“Antifouling Coating” means a coating labe led and formulated for application to submerged stationary structures and thei r appurtenances to prevent or reduce the

attachment of marine or fres hwater biological organisms. To qualify as an “Antifouling Coating,” the coating must be registered w ith the USEPA under the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. Section 136 et. seq.)

“Appurtenance” means any accessory to a statio nary structure coated at the site of installation, whether installed or detache d, including but no limited to, bathroom and kitchen fixtures, cabinets, concrete forms, doors, elevators, fences, hand railings, heating equipment, air conditioning equipment, a nd other fixed mechanical equipment or stationary tools, lampposts, partitions pi pes and piping systems, rain gutters and downspouts, stairways, fixed ladders, catwa lks and fire escapes, and window screens.

“Architectural Coating” means a coating to be applied to stationary structures or the appurtenances at the site of in stallation, to portable buildings at the site of in stallation, to pavements, or to curbs. Coatings applied in shop applications or to non-stationary structures such as airplanes, ships, boats, railcars, and automobiles, and adhesives are not considered architectural coatings for the purposes of this rule.

“Bitumens” means black or brown materials including, but not limited to, asphalt, tar, pitch, and asphaltite that are soluble in carbon disulfide, c onsist 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 which incorporates “Bitumens” that is

labeled and formulated exclusively for roofing.94

“Bituminous Roof Primer” means a primer whic h incorporates “Bitumens” that is labeled and formulated exclusively for roofing.

“Bond Breaker” means a coating labeled and fo rmulated for application between layers of concrete to prevent a fr eshly poured top layer of conc rete from bonding to the layer over which it is poured.

“Calcamine Recoaters” means a flat solvent born coatings formulated and recommended specifically for recoating calcamine-painte d 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 whic h are labeled as speci fied in subsection 223.320(e).

“Clear Wood Coatings” means clear and semi -transparent coatings , including lacquers and varnishes, applied to wood substrates to provide a transparent or translucent solid

film.

“Coating” means for purposes of this Subpart , a material applied onto or impregnated into a substrate for protective, decorative, or functional purposes. Such materials include, but are not limited to, paints, varnishes, sealers, and stains.

“Colorant” means for purposes of this Subpa rt, a concentrated pigment dispersion in water, solvent, and/or binder that is added to an architectural coa ting after packaging in sale units to produce the desired color.

“Concrete Curing Compound” means for purposes of this Subpart, a coating labeled and formulated for application to freshly poured c oncrete 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 re tarder 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-curi ng 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 har d, durable, clear finish designed for professional application to wood flooring. F ilm formation is the result of an acidcatalyzed condensation reaction, affecting a transetherification at the reactive ethers of

the amino resins.95

“Dry Fog Coating” means a coating labeled and formulated only for spray application such that overspray droplets dry before subse quent contact with incidental surfaces in the vicinity of the surface coating activity.

“Exempt Compound” means a compound identifi ed as exempt under the definition of Volatile Organic Material (VOM) in Part 211.7150. The exempt compound content of a coating shall be determined by USEPA Method 24 or South Coast Air Quality Management District (SCAQMD) Method 303- 91 (Revised February 1993), incorporated by reference on Section 223.120.

“Faux Finishing Coating” means a coating labele d 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 co ating 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 bringi ng assemblies of structural materials into compliance with federal, state, and local bui lding code requirements. The fire-resistive coating and the testing agency must be appr oved by building code officials. The fireresistive coating shall be tested in accordance with ASTM Designation E 119-98, incorporated by refe rence in Section 223.120.

“Fire-Retardant Coating” means a coating labe led and formulated to retard ignition and flame spread, that has been fire tested a nd rated by a testing agency approved by building

code officials for use in br inging building and constructi on materials into compliance with federal, state, and local building code requirements. The fire-retardant coating and the testing agency must be approved by build ing code officials. The fire-retardant coating shall be tested in accordance with ASTM Designation E 84-07, incorporated by

reference in Section 223.120.

“Flat Coating” means a coating that is not defined under any ot her definition in this rule and that registers gloss less than 15 on an 85-degree meter or less than five on a 60- degree meter according to ASTM Designation D 523-89 (1999), incorporated by

reference in Section 223.120.

“Floor Coating” means an opaque coating that is labeled and formul ated for application to flooring, including, but not limited to, deck s, porches, steps, and other horizontal surfaces, which may be subjected to foot traffic.

“Flow Coating” means a coating labeled and formulated exclusively for use by electric power companies or their subcontractors to maintain the protective coating systems present on utility transformer units.96

“Form-Release Compound” means a coating labe led and formulated fo r 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 handapplication by artists using brush or roller techniques to indoor and outdoor signs (excluding structural component s) and murals including letter enamels, poster colors, copy blockers, and bulletin enamels.

“High-Temperature Coating” means a high perf ormance 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 fo r application to steel struct ures subject to immersion in turbulent, debris-laden water. These coa tings 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, unde rcoaters, intermediate coats, and topcoats, formulated for application to substrates exposed to one or more of the following extreme environmental conditions listed below, and labeled as specified in subsection 223.320(d):

Immersion in water, wastewater, or ch emical solutions (aqueous and non-aqueous solutions), or chronic exposures of interi or surfaces to moisture condensation;

Acute or chronic exposure to corrosive, caus tic, or acidic agents, or to chemicals, chemical fumes, or chemical mixtures or solutions;

Repeated exposure to temper atures above 121°C (250°F);

Repeated (frequent) heavy abrasion, incl uding mechanical wear and repeated (frequent) scrubbing with indus trial solvents, cleansers, or scouring agents; or

Exterior exposure of metal struct ures and structural components.

“Lacquer” means for purposes of this Subpart , a clear or opaque wood coating, including clear lacquer sanding sealers, formulated with cellulosic or synthetic resins to dry by evaporation without chemical reaction and to provide a solid, protective film.

“Low-Solids Coating” means a coating containi ng 0.12 kilogram or less of solids per liter (1 pound or less of solids per ga llon) 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 by97

water.

“Mastic Texture Coating” means a coating la beled and formulated to cover holes and minor cracks and to conceal surface irregulariti es, and is applied in a single coat of at least 10 mils (0.010 inch) dry film thickness.

“Metallic Pigmented Coating” means a coati ng containing at least 48 grams of elemental metallic pigment per liter of coating as applied (0.4 pounds per gallon), when tested in accordance with SCAQMD Method 318-95, inco rporated by reference in Section

223.120.

“Multi-Color Coating” means a coating that is packaged in a singl e 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 rule and that registers a gloss of 15 or great er on an 85-degree mete r and five or greater on a 60 degree meter according to ASTM De signation D 523-89 (1999), incorporated by reference in Section 223.120 or an equivale nt method approved by the California Air

Resources Board.

“Non-flat - High Gloss Coating” means a non-flat coating that registers a gloss of 70 or above on a 60-degree meter accordin g to ASTM Designation D 523-89 (1999), incorporated by reference in to Section 223.120 or an equivalent method approved by the

CARB.

“Nonindustrial Use” means any use of architectur al coatings except in the construction or maintenance of any of the following: facili ties used in the manufacturing of goods and commodities, transportation infrastructure, in cluding highways, bridges, airports and railroads, facilities used in mining activi ties, including petroleum extraction, utilities infrastructure, including pow er generation and distributi on, and water treatment and distribution systems.

“Nuclear Coating” means a protective coat ing formulated and recommended to seal porous surfaces such as steel (or concrete) that otherwise w ould be subject to intrusions by radioactive materials. These coatings mu st be resistant to long-term (service life) cumulative radiation exposure [ASTM Met hod D 4082-02], incorporated by reference in Section 223.120, relatively easy to decontaminate, and resistant to various chemicals to which the coatings are likely to be e xposed [ASTM Method D 3912-95, incorporated by reference in Section 223.120].

“Post-Consumer Coating” means a finished coat ing 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 Designation D 1613-03, incorporated by98

reference into Section 223.120 or an equiva lent method approved by the CARB, that is labeled and formulated for application directly to bare metal surfaces to provide corrosion resistance and to promote adhe sion of subsequent topcoats.

“Primer” means for purposes of this Subpa rt, 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 th at is labeled as sp ecified in subsection 223.320(h) and that is formulated to have the following characteristics:

Is capable of being applied directly fr om the container under normal conditions with ambient temperatures between 16 and 27°C (60 and 80°F); and

When tested in accordance with ASTM Designation D 1640-03, incorporated by reference in Section 223.120, or an equi valent method approved by the CARB, sets to touch in two hours or less, is tack free in four hours or less, and dries hard in eight hours or less by the mechanical test method; and

Has a dried film gloss of 70 or above on a 60-degree meter.

“Quick-Dry Primer Sealer and Undercoa ter” 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 De signation D 1640-03, incorporated by reference in Section 223.120 or an equivale nt method approved by the CARB.

“Recycled Coating” means an architectural co ating formulated such that not less than 50 percent of the total weight c onsists of secondary and post-co nsumer 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 penetrati on of the substrate by water or reflecting heat and u ltraviolet radiation. Metallic pigmented roof coatings which qualify as metallic pigmented coatings, shall no t be considered in th is 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 a nd labeled as specified in Section 223.320(f).

“Sanding Sealer” means for purposes of this Subpart, a clear or se mi-transparent wood coating labeled and formulated for applica tion to bare wood to seal the wood and to provide a coat that can be ab raded to create a smooth surfac e for subsequent applications99

of coatings. A “Sanding Sealer” that also meets the definition of a “Lacquer” is not included in this category, but it is included in the “Lacquer” category.

“Sealer” means for purposes of this Subpart, a coating labeled and formulated for application to a substrate for one or mo re of the following purposes: to prevent subsequent coatings from being absorbed by the substrate, or to prevent harm to subsequent coatings by mate rials in the substrate.

“Secondary Coating (Rework)” means a fragment of a finished coating or a finished coating from a manufacturing process that ha s converted resources into a commodity of real economic value, but does not include excess virgin reso urces of the manufacturing

process.

“Shellac” means a clear or opaque coating formul ated 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 factor y or a shop as part of a manufacturing, production, or repairing process ( e.g. , original equipment ma nufacturing 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 subsection 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 surfa ce is one that is defined as having a chalk rating of four or less as determined by ASTM Designation D 4214-98, incorporated by reference in Section 223.120 or an equiva lent 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 hi storical structures that have been dama ged 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 us e only and must be labeled as such, in accordance with the labeling re quirements in Section 223.320.

“Swimming Pool Coating” means a coating labele d and formulated to co at the interior of swimming pools and to resist swimming pool chemicals.100

“Swimming Pool Repair and Maintenance Coating” means a rubber-based coating

labeled and formulated to be used over exis ting rubber-based coatings for the repair and maintenance of swimming pools.

“Temperature-Indicator Safety Coating” mean s a coating labeled and formulated as a color-changing indicator coati ng for the purpose of monitoring the temperature and safety of the substrate, underlying piping, or underl ying equipment, and for application to substrates exposed continuously or intermitte ntly to temperatures above 204°C (400°F).

“Thermoplastic Rubber Coating and Mastics” m eans a coating or mastic formulated and recommended for application to roofing or othe r structural surfaces and that incorporates no less than 40 percent by weight of thermopl astic 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 adde d after packaging in sale units to produ ce 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 fo rmulated to provide a smooth surface for subsequent coatings.

“Varnish” means a clear or semitranspar ent wood coating, excluding lacquers and shellacs, formulated to dry by chemical r eaction on exposure to air. Varnishes may contain small amounts of pigment to colo r a surface, or to control the final fetal sheen or gloss of the finish.

“VOC Content” shall have the same meaning as “VOM Content.”

“VOM Content” means the weight of VOM pe r volume of coating, calculated according to the procedures specif ied in subsection 223.340(a).

“Waterproofing Concrete/Masonry Sealers” m eans 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 labe led 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 regi stered with both the USEPA under the Federal Insecticide, Fungicide, a nd Rodenticide Act (7 U.S.C. section 136, et. seq.).101

Section 223.310 Standards

a) VOM Content Limits: Except as provided in subsections 223.310(c), no person shall manufacture, blend, or repa ckage for sale within Illinois, supply, sell, or offer for sale within Illinois, or solicit for applicati on or apply within Illinois, any architectural coating manufactured on or after January 1, 2009, which contains a VOM content in excess of the corresponding limit specified below:

VOM Content Limit Grams/liter (Pounds/gallon) Coating Category

1) Flat Coatings 100 (0.8)

2) Non-flat Coatings 150 (1.3)

3) Non-flat-High Gloss Coatings 250 (2.1)

Specialty Coatings

4) Antenna Coatings 530 (4.4)

5) Antifouling Coatings 400 (3.3)

6) Bituminous Roof Coatings 300 (2.5)

7) Bituminous Roof Primers 350 (2.9)

8) Bond Breakers 350 (2.9)

9) Calcamine Recoaters 475 (4.0)

10) Clear Wood Coatings

A) Clear Brushing Lacquers 680 (5.7)

B) Lacquers (including lacquer sandin g sealers) 550 (4.6)

C) Sanding Sealers (other than lacquer sanding sealers) 350 (2.9)

D) Varnishes 350 (2.9)102

11) Concrete Curing Compounds 350 (2.9)

A) Concrete Surface Retarder 780g/l (6.5)

12) Conversion Varnish 725 (6.0)

13) Dry Fog Coatings 400 (3.3)

14) Faux Finishing Coatings 350 (2.9)

15) Fire-Resistive Coatings 350 (2.9)

16) Fire-Retardant Coatings

A) Clear 650 (5.4)

B) Opaque 350 (2.9)

17) Floor Coatings 250 (2.1)

18) Flow Coatings 420 (3.5)

19) Form-Release Compounds 250 (2.1)

20) Graphic Arts Coatings (Sign Paints) 500 (4.2)

21) High-Temperature Coatings 420 (3.5)

22) Impacted Immersion Coating 780 (6.5)

23) Industrial Maintenance Coatings 340 (2.8)

24) Low-Solids Coatings 120 (1.0)

25) Magnesite Cement Coatings 450 (3.8)

26) Mastic Texture Coatings 300 (2.5)

27) Metallic Pigmented Coatings 500 (4.2)

28) Multi-Color Coatings 250 (2.1)

29) Nuclear Coating 450 (3.8)

30) Pre-Treatment Wash Primers 420 (3.5)103

31) Primers, Sealers, and Undercoaters 200 (1.7)

32) Quick-Dry Enamels 250 (2.1)

33) Quick-Dry Primers, Sealer s and Undercoaters 200 (1.7)

34) Recycled Coatings 250 (2.1)

35) Roof Coatings 250 (2.1)

36) Rust Preventative Coatings 400 (3.3)

37) Shellacs

A) Clear 730 (6.1)

B) Opaque 550 (4.6)

38) Specialty Primers, Sealers, and Undercoaters 350 (2.9)

39) Stains 250 (2.1)

40) Stone Consolidants 450 (3.8)

41) Swimming Pool Coatings 340 (2.8)

42) Swimming Pool Repair and Maintenance Coatings 340 (2.8)

43) Temperature-Indicator Safety Coatings 550 (4.6)

44) Thermoplastic Rubber Coatings and Mastics 550 (4.6)

45) Traffic Marking Coatings 150 (1.3)

46) Waterproofing Concrete/Masonry Sealers 400 (3.3)

47) Waterproofing Sealers 250 (2.1)

48) Wood Preservatives 350 (2.9)

(Board Note: Conversion fact or: one pound VOM per gallon (U.S.) = 119.95 grams per liter.)

b) Limits are expressed in grams of VO M 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 maximum104

recommendation” means the maximum r ecommendation for thinning that is

indicated on the label or lid of the coating container.

c) Most Restrictive VOM Limit. If anyw here on the container of any architectural coating, or any label or sticker affixed to the container, or in any sales, advertising, or technical lit erature supplied by a manuf acturer or anyone acting on their behalf, any representation is made th at indicates that the coating meets the definition of or is recommended for use for more than one of the coating categories listed in Section 223.310(a), th en the most restrictive VOM content limit shall apply. This provision does not a pply to the coating ca tegories specified in subsections (c)(1) through (c)(20) below:

1) Lacquer coatings (inclu ding lacquer sanding sealers);

2) Metallic pigmented coatings;

3) Shellacs;

4) Fire-retardant coatings;

5) Pretreatment wash primers;

6) Industrial maintenance coatings;

7) Low-solids coatings;

8) Wood preservatives;

9) High-temperature coatings;

10) Temperature-indicator safety coatings;

11) Antenna coatings;

12) Antifouling coatings;

13) Flow coatings;

14) Bituminous roof primers;

15) Specialty primers, sealers, and undercoaters.

16) Conversion Varnish

17) Calcimine Recoaters105

18) Impacted Immersion Coatings

19) Nuclear Coatings

20) Thermoplastic Rubber Coating and Mastics

21) Concrete Surface Retarder

d) Painting Practices. All architectural coa ting containers used to apply the contents therein to a surface directly from the container by pouring, siphoning, brushing, rolling, padding, ragging, or other means, sh all be closed when not in use. These architectural coatings containers include , but are not limited to, drums, buckets, cans, pails, trays, or other applicat ion containers. C ontainers of any VOM-containing materials used for thinni ng and cleanup shall also be closed

when not in use.

e) Thinning. No person who applies or soli cits the application of any architectural coating shall apply a coating that is thinned to exceed the applicable VOM limit specified in Section 223.310(a).

f) Rust Preventive Coatings. No person sh all apply or solicit th e application of any rust preventive coating for industrial us e unless such a rust preventive coating complies with the industrial maintenance coating VOM limit specified in Section 223.310(a). If the coating is also regu lated under another Part, the more restrictive limit shall apply.

g) Coatings Not Listed in Section 223.310( a). For any coating that does not meet any of the definitions for the specialt y coatings categories listed in Section 223.310(a), the VOM content limit shall be de termined 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, a nd the corresponding flat or non-flat coating limit shall apply.

Section 223.320 Container Labeling Requirements

Each manufacturer of any arch itectural coatings subject to this Subpart shall display the information listed in subsections 223.320(a) through 223.320(j) on the co ating container (or label) in which the coating is sold or distributed.

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 manufactur er shall file an explanation of each code with the Agency upon request.

b) Thinning Recommendations. A statement of the manufacturer's recommendation regarding thinning of the co ating shall be indicated on the label or lid of the106

container. This requirement does not apply to the thinni ng of architectural coatings with water. If thinning of the coating prior to use is not necessary, the recommendation must specify that the coat ing is to be appl ied without thinning.

c) VOM or VOC Content. Each container of any coating subject to this rule shall display either the maximum or the ac tual VOM content of the coating, as supplied, or the actual VOM content including the maximum thinning as recommended by the manufacturer. VOM cont ent shall be displayed in grams of VOM per liter of coating. VOM conten t displayed shall be calculated using product formulation data, or shall be de termined using the test methods in subsection 223.340(b). The equations in subsection 223.340(a) shall be used to

calculate VOM content. In each of the a bove cases, the term “VOC content” shall have the same meaning as “VOM content.”

d) Industrial Maintenance Coatings. In addition to the information specified in subsection (a), (b), and (c), each manuf acturer of any industrial maintenance coating subject to this rule shall display on the label or the lid of the container in which the coating is sold or distributed one or more of the descriptions listed in subsections (d)(1) through (d)(3):

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 ofall clear brushing lacquers shall prominently display the statements “For br ush application only,” and “This product must not be thinned or sprayed.”

f) Rust Preventive Coatings. The labels ofall 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 promin ently display one or more of the descriptions listed in subs ection (g)(1) through (g)(5):

1) “For blocking stains;”

2) “For fire-damaged substrates;”

3) “For smoke-damaged substrates;”

4) “For water-damaged substrates;”

5) “For excessively chalky substrates.”107

h) Quick Dry Enamels. The labels of all quick dry enamels shall prominently display the words “Quick Dr y” and the dry hard time.

i) Non-Flat High-Gloss Coatings. Th e labels of all non-flat high-gloss coatings shall prominently display the words “High Gloss.”

j) Stone Consolidants: Effective January 1, 2010, the labels of all Stone Consolidants shall prominently display the statement “Stone Consolidant - For Professional Use Only”.

Section 223.330 Record Keeping and Reporting Requirements

a) Clear Brushing Lacquers. Each manuf acturer of clear brus hing lacquers shall report the following information for products sold in Illinois, upon request of the Agency, within 90 days written notice:

1) The number of gallons of clear brus hing lacquers sold in the state during the preceding calendar year; and

2) The method used by the manuf acturer to calculate state sales.

b) Rust Preventive Coatings. Each manuf acturer of rust preventive coatings shall report the following information for products sold in Illinois, upon request of the Agency, within 90 days written notice:

1) The number of gallons of rust preven tive coatings sold in the state during the preceding calendar year; and

2) The method used by the manuf acturer to calculate state sales.

c) Specialty Primers, Sealers, and Undercoaters. Each manufacturer of specialty primers, sealers, and undercoaters sh all report the following information for products sold in Illinois, upon request of the Agency, within 90 days written

notice:

1) The number of gallons of specialty pr imers, sealers, and undercoaters sold in the state during the preceding calendar year; and

2) The method used by the manuf acturer to calculate state sales.

d) Toxic Exempt Compounds. For each ar chitectural coating that contains perchloroethylene or methylene chlori de, the manufacturer shall report the following information for products sold in Illinois, upon request of the Agency, within 90 days written notice:108

1) The product brand name and a copy of the product label with the legible usage instructions;

2) The product category listed in S ection 223.210(a) to wh ich 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 perc hloroethylene and methylene chloride in the coating.

e) R ecycled Coatings.

1) Manufacturers of recycled coatings must submit a letter to the Agency self-certifying their status as a R ecycled Paint Manuf acturer upon request of the Agency, within 90 days written notice.

2) Each recycled coatings manuf acturer shall report the following information for products sold in Il linois, upon request of the Agency, within 90 days written notice:

A) The number of gallons of recycled coatings sold in the state during the preceding calendar year; and

B) The method used by the manufact urer to calculate state sales.

f) Bituminous Coatings. Each manufacturer of “Bituminous Roof Coatings” or “Bituminous Roof Primers” shall report the following information for products sold in Illinois, upon request of the Ag ency, within 90 days written notice:

1) The number of gallons of “Bitumi nous Roof Coatings” or “Bituminous

Roof Primers” sold in the state dur ing the preceding calendar year; and

2) The method used by the manuf acturer to calculate state sales.

Section 223.340 Compliance Provisions and Test Methods

a) Calculation of VOM Cont ent. For the purpose of determining compliance with

the VOM content limits in Section 22 3.310(a), the VOM content of a coating shall be determined by using the pr ocedures described in subsections 223.340(a)(1) or 223.340(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.109

1) With the exception of low solids coatings, determine the VOM content in grams of VOM per liter of coating thinned to the manu facturer's maximum recommendation, excluding the volu me of any water and exempt compounds. Determine the VOM content as follows:

VOM Content = (Ws - Ww - Wem ) (Vm - Vw - Vem)

Where:

VOM content = grams of VOM per liter of coating

Ws = weight of volatiles, in grams Ww = weight of water, in grams

We m = weight of exempt materials, in grams

V m = 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 un its of grams of VOM per liter of coating thinned to the manufacturer's maximum recommendation, including the volu me of any water and exempt compounds. Determine the VOM content as follows:

VOM Content (ls) = (Ws - Ww - Wem) (Vm)

Where:

VOM content (ls) = the VOM content of a low solids coating in grams per liter of coating Ws = weight of volatile, in grams Ww = weight of water, in grams Wem = weight of exempt materials, in grams Vm = volume of coating, in liters

b) VOM Content of Coatings. To determin e the physical properties of a coating in order to perform the calculations in subsection 223.340(a), the reference method for VOM content is USEPA Method 24, in corporated by reference in Section 223.120, except as provided in subsections 223.350 and 223.360. An alternative method to determine the VOM content of coatings is SCAQMD Method 304-91 (Revised February 1996), incorporat ed by reference in Section 223.120. The exempt compounds content shall be determined by SCAQMD Method 303-91, incorporated by reference in subsecti on Section 223.120. To determine the VOM content of a coating, the manufactur er may use USEPA Method 24, or an equivalent alternative method, as provi ded in Section 223.350, formulation data, or any other reasonable means for predicti ng that the coating has been formulated110

as intended ( e.g. quality assurance checks, recordke eping). 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 approve d as specified in Section 223.350. The Agency may require the manufacturer to conduct a Method 24 analysis.

Section 223.350 Alternat ive Test Methods

Other test methods demonstrated to provide re sults that are acceptabl e for purposes of determining compliance with subsect ion 223.340(b), after review and approved in writing by the Agency and the USEPA may also be used.

Section 223.360 Methacrylate Tr affic Coating Markings

Analysis of methacrylate multi-component coatings used as traffic marking coatings shall be conducted according to a modification of USEP A Method 24 (40 CFR 59, subpart D, Appendix A), 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 ma rking coatings or for other classes of multi-component coatings.

Section 223.370 Test Methods

The following test methods are incorporated by re ference herein, and sha ll be used to test coatings subject to the pr ovisions of this Subpart:

a) Flame Spread Index. The flame spread i ndex of a fire-retardant coating shall be determined by the ASTM Designation E 84-07, “Standard Test Method for Surface Burning Characteristics of Building Materials,” as incorporated by reference in Section 223.120 (see Section 223.307, Fire-Retardant Coating) or an equivalent method approved by the CARB.

b) Fire-Resistance Rating. The fire-resistan ce rating of a fire-re sistive coating shall be determined by ASTM designation E 119- 98, “Standard Test Methods for Fire Tests of Building Construction Materials,” as incorporated by reference in Section 223.120, (see Section 223.307, Fire-Resistive Co ating) or an equivalent method approved by the CARB.

c) Gloss Determination. The gloss of a coating shall be determined by ASTM Designation D 523-89 (1999), “Standard Test Method for Specular Gloss,” as incorporated by reference in Secti on 223.120, (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 Diffracti on,” SCAQMD “Laboratory Methods of111

Analysis for Enforcement Samples,” as incorporated by reference in Section 223.120, (see Section 223.307, Metallic Pigmented Coating).

e) Acid Content of Coatings. The acid c ontent of a coating shall be determined by ASTM Designation D 1613-03, “Standard Te st Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer and Related Products,” as incorporated by reference in Section 223.120, (see Section 223.307, Pre-Treatment Wash Primer) or an equivalent method approved by the CARB.

f) Drying Times. The set-to-touch, dry-ha rd, dry-to-touch and dry-to-recoat times of a coating shall be determined by ASTM Designation D 1640-03, “Standard Methods for Drying, Curing, or Film Form ation of Organic Coatings at Room Temperature,” as incorporated by re ference in Secti on 223.120, (see Section 223.307, Quick-Dry Enamel and Quick-Dry Pr imer, Sealer, and Undercoater). The tack free time of a quick-dry enamel coating shall be determined by the

Mechanical Test Method of ASTM Designation D 1640-03 or an equivalent method approved by the CARB.

g) Surface Chalkiness. The chalkiness of a surface shall be determined using ASTM Designation D 4214-98, “Standard Test Met hods for Evaluating the Degree of Chalking of Exterior Paint Films,” as incorporated by reference in Section 223.120, (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 siloxa nes, shall be analyzed as exempt compounds for compliance with Se ction 223.340 by BAAQMD Method 43, “Determination of Volatile Methylsiloxane s in Solvent-Based Coatings, Inks, and Related Materials,” BAAQMD Manual of Procedures, Volume III, proposed amendment February 4, 2004, as incorpor ated by referen ce in Section 223.120, (see Section 223.307, VOM content, and subsection 223.340(b)).

i) Exempt Compounds - Parachlorobenz otrifluoride (PCBTF). The exempt compound parachlorobenzotrifluoride, shal l be analyzed as an exempt compound for compliance with Section 223.340 by BAAQMD Method 41, “Determination of Volatile Organic Compounds in So lvent-Based Coatings and Related MaterialsContaining Parachlorobenz otrifluoride,” BAAQMD Manual of Procedures, Volume III, proposed amendm ent February 4, 2004, as incorporated by reference in Section 223.120, (see Sec tion 223.307, Volatile Organic Material, and subsection 223.340(b)).

j) Exempt Compounds. The content of compounds exempt under USEPA Method 24 shall be analyzed by SCAQMD Method 303-91 (Revised 1993), “Determination of Exempt Compounds,” SCAQMD “Laboratory Methods of Analysis for Enforcement Samples,” as incorporated by reference in Section112

223.120, (see Section 223.307, Volatile Organi c Material, and subsection 223.340(b)).

k) VOM Content of Coatings. The VOM c ontent of a coating shall be determined by USEPA Method 24 as it exists in Appendix A of 40 Code of Federal Regulations (CFR) Part 60, “Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and We ight Solids of Surface Coatings,” as incorporated by reference in Secti on 223.120, (see subsection 223.340(b)) or an equivalent method approved by the CARB.

l) Alternative VOM Content of Coatings. The VOM content of coatings may be analyzed by either USEPA Method 24 or SCAQMD Method 304-91 (Revised 1996), “Determination of Volatile Organic Compounds (VOC) in Various Materials,” SCAQMD “Laboratory Met hods of Analysis for Enforcement Samples,” as incorporated by reference in Section 223.120, (see subsection 223.340(b)), as incorporated by reference in Section 223.120.

m) Methacrylate Traffic Marking Coatin gs. The VOM content of methacrylate muticomponent coatings used as traffic ma rking coatings shall be analyzed by the procedures in 40 CFR part 59, subpart D, appendix A, “Determination of Volatile Matter Content of Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings,” (June 30, 1999), as in corporated by reference in Section 223.120, (see subsection 223.360) or an equivalent method approved by the

CARB.

IT IS SO ORDERED.

I, John T. Therriault, Assistant Clerk of th e Illinois Pollution Cont rol Board, certify that the Board adopted the above opinion and or der on October 16, 2008, by a vote of 4-0.

___________________________________ John T. Therriault, Assistant Clerk

Illinois Pollution Control BoardILLINOIS POLLUTION CONTROL BOARD March 19, 2009

IN THE MATTER OF:

PROPOSED NEW 35 ILL. ADM. CODE

PART 223 STANDARDS AND

LIMITATIONS FOR ORGANIC MATERIAL

EMISSIONS FOR AREA SOURCES ) ) ) ) ) ) R08

- 17 (Rulemaking

- Air)

Proposed Rule

. Second Notice

Today the Board adopts for second notice a proposal amending its air pollution regulations. On January 2, 2008, the Illinois Environmental Protection Agency (Agency or IEPA or Illinois EPA) initia ted this proceeding by fil ing a propos a l (Prop.) under the general rulemaking provisions of Sections 27 and 28 of the Environmental Protection Act (Act) (415 ILCS 5/27, 28 (2006)). The Agency proposed a new Part 223, Standards and Limitations for Organic Material Emissions for Area Sources. The Agency stated that the proposed regulations

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

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

1 ) from the three categories

of consumer and commercial products, architectural and industrial maintenance (AIM) products, and aerosol coatings

.

On October 16, 2008, the Board adopted its first

- notice opinion and order in this proceeding. See 32 Ill. Reg. 17301

- 82 (Nov. 7, 2008). In that opinion and order, the Board largely adopted the Agency’s proposal, in cluding changes contained in three errata sheets submitted by the Agency. The Board also substantively amended the Agency’s proposal, as described in the Board’s opinion

. Proposed New 35 Ill. Adm. Code Part 223 Standards and Limitations for Organic Mater ial Emissions for Area Sources

In this opinion, the Board first provides the procedural history of this rulemaking and a brief summary of its first

- notice opinion and order . The Board then summarizes the public

comme nts received since publication of the first

- notice proposal . The Board then summarizes , R08

- 17, slip op. at 45

- 46 (Oct. 16, 2008). Specifically, the first

- notice proposal intended to reduce VOM emissions from the two categories of consumer and commercial products and AIM products. The proposal in cluded

VOM co ntent standards , exemptions and compliance alternatives, and various labeling, recordkeepi ng and reporting requirements. The rule proposed for second notice extends the implementation date of the proposed regulations to July 1, 2009, but is otherwise subs tantively unchanged from the Board’s first

- notice opinion and order.

1 In its Statement of Reasons (Statement) filed with its proposal, the Agency states that the terms “VOM” and “VOC,” or vol atile organic compound, “are interchangeable.” Statement at 5. The Agency states, however, that it employs the term “VOM” and United States Environmental Protection Agency (USEPA) employs the term “VOC.” Id

.2

the changes made in its second

- notice proposal. Finally, the order following the opinion then sets forth the proposed amendments for second notice

.

PROCEDURAL HISTORY

On January 2, 2008, the Agency filed a rulemaking proposal under the general rulemaking provisions of Sections 27 and 28 of the Ac t (415 ILCS 5/27, 28 (2006)). A

Statement of Reasons (Statement) a nd Technical Support Document (TSD) accompanied the Agen cy’s proposal. A motion for waiver of various filing requirements also accompanied the proposal.

On January 22, 2008, the Board received a comment on the proposed rule filed by David F. Darling, P.E., and Alison Keane on behalf of the National Paint and Coatings Association (NPCA) (PC 1).

In an order dated January 24, 2008, the Board accepted the Agency’s proposal for hearing and granted the Agency’s motion for waiver of filing requirements. In a letter dated January 24, 2008, the Board requested that the Department of Commerce and Economic Opportunity (DCEO) conduct an economic impact study of the Agency’s rulemaking proposal. See 415 ILCS 5/27(b) (2006). DCEO has not responded to this request.

In an order dated February 13, 2008, the hearing office r scheduled a first hearing on April 30, 2008, in Springfield and a second hearing on June 4, 2008, in Chicago. Also in that order, the hearing officer noted that the Agency’s TSD included a list of approximately 600 entities potentially affected by the p roposal. See TSD, Appendix A (Potentially Affected Manufacturers in Illinois). The order stated that the Board began the proceeding by including each of those entities in its Notice List and mailing each of them a copy of the order. However, the order a lso stated that it would mail copies of any subsequent opinions and orders only to those who specifically indicated by March 7, 2008, that they wished to remain on the Notice List. The order included an Attachment A, which provided an electronic mail addr ess, a facsimile number, and a mailing address through which potentially affected entities could indicate their wish to remain on the Notice List. The order also included an Attachment B, which contained the names

and addresses of all of the entities list ed by the Agency in Appendix A to its TSD and to each of which the Board had mailed the hearing officer order dated February 13, 2008.

On April 14, 2008, the Board received prefiled testimony from Mr. Joseph T. Yost on behalf of the Consumer Specialty Pro ducts Association (CSPA) (Yost Test.). On April 16, 2008, the Board received prefiled testimony from Ms. Heidi K. McAuliffe on behalf of the National Paint and Coatings Association (NPCA) (McAuliff e Test.). Also on April 16, 20 08, the Board received pref iled testimony from Mr. Rory Davis on behalf of the Agency (Davis Test.). On the same date, the Agency filed its first errata sheet ( Errata 1).

The first hearing in this proceeding took place as scheduled on April 30, 2008, in Springfield . At the first hearing, the hearing officer admitted into the record two exhibits. The

first is a final rule adopted by USEPA and entitled “National Volatile Organic Compound Emission Standards for Aerosol Coatings” (Exh. 1). Tr.1 at 42; see 73 Fed. Reg. 15604

- 31 (Mar.3

24, 2008). The second, a direct final rule adopted by USEPA, clarifies and amends certain regulatory language in the aerosol coatings final rule (Exh. 2). Tr.1 at 42; see 73 Fed. Reg.

15421

- 25 (Mar. 24, 2008). The Board received the transcript of the f irst hearing (Tr.1) on May 7, 2008.

On May 19, 2008, the Board received a second comment filed by Mr. Darling and Ms.

Kean on behalf of NPCA (PC 2).

The second hearing in this proceeding took place as scheduled on June 4, 2008

, in Chicago . At the seco nd hearing, the hearing officer admitted into the record two additional

exhibits. The third exhibit is a final draft version of a “Model Rule for Consumer Products” developed by the Ozone Transport Commission (OTC) 2

2 The Agency describes OTC as “an organizatio n in the eastern states created under the Clean Air Act.” TSD at 7, Statement at 4

- 5. Specifically, the OTC consists of the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, and the District of Columbia.” TSD at

17. and dated September 13, 2006 (Exh. 3)

. The fourth exhibit is the Agency’s second errata sheet, which was also received by the Board’s Clerk on June 4, 2008 (Exh. 4 or Errata 2). The Board received the transcript of the second hearing (Tr.2) on June 11, 2008.

In an order dated June 11, 2008, the hearing officer set a deadline of July 11, 2008, for filing post

- hearing comments and a deadline of July 25, 2008, for filing a response to a post

hearing comment. The order noted that t he Board had mailed a copy of the February 13, 2008, hearing off icer order to each of approximately 600 entities listed by the Agency as potentially affected by the proposal. The June 11, 2008, o rder also note d that the earlier order stated it would mail copies of subsequent opinions and orders only to those who speci fically indicated that they wished to remain on the Notice List. The order stated that the Board had received this indication from approximately 40 entities. The order also indicated that, aft er the Board mailed

the earlier hearing officer order to each of the approximately 600 entities listed by the Agency, the United States Postal Service (USPS) had returned approximately 70 of them to the Board as

undeliverable. The order included as Attachment A the names and addresses of those entities

from which th e February 13, 2008 hearing officer order had been returned to the Board by the

USPS.

On July 10, 2008, the Agency filed its post

- hearing comments (PC 3). Also on July 10, 2008, the Agency filed its third errata sheet ( Errata 3). On July 25, 2008, the Illinois Environmental Regulatory Group (IERG) filed its response to the Agency’s post

- hearing comments (PC 4).

On July 29, 2008, the hearing officer received through electronic mail a number of questions and statements regarding the Agency’s proposal fro m Mr. Jim Kantola, Regulatory Affairs Manager, Product Safety and Compliance

, for AkzoNobel Decorative Paints US. That communication has been filed with the Board’s Clerk as a public comment in this proceeding (PC 5).4

On October 8, 2008, the Board recei ved a third comment filed by Mr. Darling and Ms.

Kean on behalf of NPCA (PC 6). NPCA’s comment addressed a single issue, requesting that the proposal’s “ implementation date be extended to at least July 1, 2009 to allow IL [Illinois] adequate time to final ize and adopt the amendments to the AIM rule, and more importantly, provide adequate time for industry to make necessary changes in order to comply with the

amendments.” PC 6 at 1.

On October 16, 2008, the Board issued its first notice opinion and order

. See 32 Ill. Reg.

17301

- 82 (Nov. 7, 2008). As noted above, the Board largely adopted the Agency’s proposal, including changes contained in the three errata sheets submitted by the Agency. The Board also substantively amended the Agency’s proposal, as d escribed in the Board’s opinion. In its opinion and order, t he Board acknowledged receiving on October 8, 2008, NPCA’s third comment addressing the implementation date of the proposed rule

. See PC 6. Although the

Board noted that the deadline for filing post

- hearing comments had passed on July 11, 2008, the Board invited participants during the 45

- day comment period to address the issue raised by NPCA.

During the first

- notice comment period, the Board received comments from the following:

Mr. Dave Ca rey, CHMM, Vice

- President Plan Operation, on behalf of W.R. Meadows, Inc. (Meadows) on November 14, 2008 (PC 7);

Mr. Jack Wickham, Director, on behalf of Ace Hardware Corporation (Ace

Hardware ) on November 17, 2008 (PC 8);

Mr. Michael Murphy, Corporate C ounsel, on behalf of Rust

- Oleum Corporation (Rust

- Oleum) on November 20, 2008 (PC 9);

Mr. W. Kip Cleverley, CHMM, Director, Environment, Health & Safety, Product Stewardship & Facilities, on behalf of Benjamin Moore Paints (Benjamin Moore) on November 24, 2008 (PC 10);

Mr. Robert J. Lueders, President, on behalf of Sunnyside Corporation (Sunnyside) on November 24, 2008 (PC 11);

Mr. Jim Boyce, Director of Technical Services, on behalf of Insl

- x Products Corporation (Insl

- x) on November 24, 2008 (PC 12);

Mr. John C. Day, Vice President Environmental Health & Safety, on behalf of the Henry Company on November 26, 2008 (PC 13);

Ms. Madelyn K. Hardin, Corporate Manager Regulatory Affairs, on behalf of the

Sherwin

- Williams Company (Sherwin

- Williams) on Decemb er 1, 2008 (PC 14);5

Mr. Robert S. Gross, Manager, Environmental Stewardship Architectural Finishes, on behalf of PPG Architectural Finishes, Inc. (PPG) on December 1,

2008 ( PC 15);

Mr. David DeLarso, Senior Sales Representative

– Northeast Market, on beh alf of

Sika Corporation , formerly Valspar Flooring, (Sika) on December 1, 2008 (PC 16);

Mr. Jeff Trench, Sports Flooring Manager, on behalf of Sika on December 1, 2008 (PC 17);

Mr. Davdi Orser, Senior Chemist, on behalf of Sika on December 1, 2008 (PC

18 );

Ms. Lisa Beth Szczupaj, Director of Business Development, on behalf of Sika on December 2, 2008 (PC 19);

Ms. Marcella Nichols, CHMM, Regulatory Compliance Manager, on behalf of True Value Manufacturing Company (True Value) on December 9, 2008 (PC 20);

Mr. Timothy Filas, Senior Production Planner, on behalf of Sika on December

10 ,2008 (PC 21);

Ms. Lisa Beth Szczupaj, Director of Business Development, on behalf of Sika on December 15, 2008 (PC 22);

Mr. Charles E. Matoesian, Assistant Counsel, on behal f of the Agency (PC 23);

Ms. Lisa Frede, Director of Regulatory Affairs, on behalf of the Chemical Industry Council of Illinois (CICI) on December 22, 2008 (PC 24); and

Senator Pamela J. Althoff of the 32nd District of the Illinois State Senate on

Januar y 9, 209 (PC 25).

The Board summarizes these first

- notice comments below

.

SUMMARY OF F I RST NOTICE OPINION AND ORDER

In its first notice opinion and order, the Board noted that the Agency based its proposal on OTC rules for consumer products and AIM coa tings, which are themselves based on California provisions. The Board also noted that OTC had amended its 2001 model rule for consumer products with a 2006 version. The 2006 version includes VOM content standards for a number of product categories in add ition to those regulated by the 2001 version. The 2006 version also changed the scope of an exemption, potentially subjecting additional products to regulation. See In the Matter of: Proposed New 35 Ill. Adm. Code Part 223 Standards and6

Limitations for Organic Material Emissions for Area Sources , R08

- 17, slip op. at 45

- 46 (Oct. 16, 2008).

The Board noted that the Agency had not performed an independent analysis of the VOM emission reductions expected from adoption of its proposed consumer products rule . The Board also noted the Agency’s acknowledgement that it had relied on data compiled by the New Jersey Department of Environmental Protection, which did not include all of the product categories added by the 2006 version of the model rule. The Board a lso concluded that the record did not plainly demonstrate the effect on costs or emission reductions that would result from changing an exemption in the 2006 version. See In the Matter of: Proposed New 35 Ill. Adm. Code Part 223

Standards and Limitations for Organic Material Emissions for Area Sources , R08

- 17, slip op. at 46 (Oct. 16, 2008).

In its first

- notice opinion and order, the Board omitted product categories and sub

categories for which the 2006 version of the OTC model rule added VOM content st andards. The Board also did not amend the single exemption modified by the subsequent version. The Board specifically invited “the Agency and any other participant to submit first

- notice comments on the technical feasibility and economic reasonableness o f including these product categories and that exemption at second notice.” In the Matter of: Proposed New 35 Ill. Adm. Code Part 223 Standards and Limitations for Organic Material Emissions for Area Sources , R08

- 17, slip op. at 46 (Oct. 16, 2008). In al l other respects, the Board found the Agency’s proposal technically feasible and economically reasonable and adopted the proposal, amended by the Agency’s three errata sheets and as described above. Id

.

Also in its first

- notice opinion and order, the Bo ard noted a public comment file d by

NPCA on October 8, 2008. That comment requested that the Board exten d the implementation date of the proposed regulations to July 1, 2009. PC 6 at 1. NPCA argued that “[i]t is impossible

for manufacturers to make thes e necessary changes and properly communicate the details of the IL AIM rule without having a final adopted rule in hand, particularly, as additional changes may occur between first notice and final adoption.” Id

. Although the Board noted that the deadlin e for filing

post

- hearing comments has passed, the Board invited participants to comment on the proposed

extension

. In the Matter of: Proposed New 35 Ill. Adm. Code Part 223 Standards and Limitations for Organic Material Emissions for Area Sources , R08

- 1 7, slip op. at 4 (Oct. 16, 2008).

FIRST

- NOTICE COMMENTS

Meadows (PC 7)

Meadows states that it “is a manufacturer of architectural coatings utilized in the commercial concrete construction market and has a manufacturing operation in Hampshire,

Illinois. ”’ PC 7 at 1. Meadows further states that it is a member of NPCA “and supports NP CA’s request to extend the implementation date of the AIM rulemaking from January 1, 2009 to July 1, 2009. . . .” Id

.

Meadows states that, for paint manufacturers, the pro posed new regulations require time to change thousands o f paint formulations, develop and print new product labels, upgrade7

various systems to prevent shipment of non

- compliant products into Illinois, and communicate

the new VOM limits to distributors and customers. PC 7 at 1. Meadows argues that “[i]t is impossible for manufacturers to make these necessary changes and properly communicate the details of the Illinois AIM rule without having a final adopted rule in hand, particularly, as additional changes may occur between now and final adoption.” Id . Meadows belie ves that the effective date of the proposed regulations “must be moved to July 1, 2009.” Id

.

Ace Hardware (PC 8)

Ace Hardware states that its “Paint Division produces the Ace brand paint fo r over 4,500 Ace Hardware stores in all 50 states and in 50 countries worldwide from our two plants in Matteson, IL and Chicago Heights, IL.” PC 8 at 1. Ace Hardware annually produces more than nine million gallons of Ace brand paint. Id . Ace Hardware further states that it is a member of NPCA “and supports NPCA’s request to extend the implementation date of the AIM rulemaking from January 1, 2009 to July 1, 2009. . . .” Id

.

Ace Hardware states that, for paint manufacturers, the proposed new regulati ons require time to change thousands of paint formulations, develop and print new product labels, upgrade various systems to prevent shipment of non

- compliant products into Illinois, and communicate

the new VOM limits to distributors and customers. PC 8 a t 1. Ace Hardware argues that “[i]t is impossible for manufacturers to make these necessary changes and properly communicate the details of the Illinois AIM rule without having a final adopted rule in hand, particularly, as additional changes may occur be tween now and final adoption.” Id

. Ace Hardware believes that the effective date of the proposed regulations “must be moved to July 1, 2009.” Id

.

Rust

- Oleum ( PC 9)

Rust

- Oleum states that it “is an international manufacturer and marketer of paints and protective coatings” with its headquarters in Vernon Hills, Illinois. PC 9 at 1. Rust

- Oleum further states that it is a member of NPCA “and supports NPCA’s request to extend the implementation date of the AIM rulemaking from January 1, 2009 to July 1, 2 009. . . .” Id

.

Rust

- Oleum indicates that it has worked with various public and private entities to develop regulations that reduce the VOM content of AIM coatings. PC 9 at 1. Rust

- Oleum states that, as a result of this work, it “has a full line of co mpliant coatings, including coatings which will comply with the limits in the proposed Illinois AIM rule.” Id

.

Rust

- Oleum suggests that, because it manufactures for inventory and not for shipment, it favors an extension of the implementation date to mana ge that inventory. PC 9 at 1. Specifically, Rust

- Oleum states that it has established separate product numbers and inventories

and has set up systems so that it does not ship a product into a jurisdiction where it does not comply with VOM regulations

. I d

. Rust

- Oleum indicates that it must change product numbers used by its current Illinois customers so that future orders can be filled with corresponding products that comply with the proposed regulations. Id

. Rust

- Oleum favors extending the implementat ion date to July 1, 2009, so that it can change the distribution of its inventory to thousands of distributors and retail customers in a more orderly and efficient manner. Id

.8

Benjamin Moore (PC 10)

Benjamin Moore states that it has been manufacturing paint for more than 125 years and maintains one warehouse in Illinois. PC 10 at 1. Benjamin Moore further states that it is a member of NPCA “and supports NPCA’s request to extend the implementation date of the AIM rulemaking from January 1, 2009 to July 1, 2009. . . .” Id

.

Benjamin Moore indicates that, for paint manufacture r s, implementation of the proposed regulations requires time to change product formulation, develop and print new labels for reformulated products, convert its warehouse to compli ant stock, revise systems and procedures, and communicate both internally and with various other entities regarding the terms of the proposal. PC 10 at 1. Benjamin Moore states that the extended implementation date is necessary both for the state to adop t the amendments and “for industry to make necessary changes in order to comply with the amendments.” Id

.

Sunnyside (PC 11)

Sunnyside states that it “is a fourth generation, family

- owned business found in Chicago in 1893, and first incorporated in the State in 1921.” PC 11 at 1. Sunnyside further states that it is a member of NPCA and “supports NPCA’s request to extend the implementation date of the AIM rulemaking from January 1, 2009. . . .” Id

.

Sunnyside states that, for manufacturers of paint, c oating, and allied products, the proposed regulation requires time to reformulate and test products, write new product labels, upgrade computer systems and other tools that prevent shipment of non

- compliant products, and communicate with other participants in the market for these products. PC 11 at 1. Consequently, Sunnyside requests extension of the implementation date to a time that considers these practical issues. Id

.

Insl

- x (PC 12)

Insl

- x states that it is “the parent company of Bruning Paint, In sl

- x Products, Coronado Paint, Lenmar Wood Finishes, and Trinity Coating.” PC 12 at 1. Insl

- x further states that, although it does not manufacture in Illinois, it operates a distribution center in Elk Grove Village. Id . Insl

- x also states that it is a member of NPCA “and supports NPCA’s request to extend the implementation date of the AIM rulemaking from January 1, 2009 to July 1, 2009. . .

.” Id

.

Insl

- x states that, for paint manufacturers, the proposed new regulations require time to change thousa nds of paint formulations, develop and print new labels for reformulated products, upgrade various systems to prevent shipment of non

- compliant products into Illinois, and

communicate the new VOM limits to d istributors and customers. PC 12 at 1. Insl

- x a rgues that “[i]t is impossible for manufacturers to make these necessary changes and properly communicate the details of the IL AIM rule without having a final adopted rule in hand, particularly, as9

additional changes may occur between now and final adopti on.” Id . Insl

- x believes that the effective date of the proposed regulations “must be moved to July 1, 2009.” Id

.

Henry Company (PC 13)

Henry Company states that it “produces and sells a wide variety of home and building repair and construction produ cts in the U.S. and Canada,” several of which are affected by the proposed regulation. PC 13 at 1. Henry Company further states that it is a member of NPCA “and supports NPCA’s request to extend the implementation date of the AIM rulemaking from January 1, 2009 to July 1, 2009. . . .” Id

.

Henry Company states that, for paint manufacturers, the proposed new regulations require time to change formulations, develop and print new labels for reformulated products, upgrade various systems to prevent shipment of non

- compliant products into Illinois, and communicate the new VOM limits to distributors and customers. PC 13 at 1. Henry Company argues that “[i]t is impossible for manufacturers to make these necessary changes and properly

communicate the details o f the IL AIM rule without having a final adopted rule in hand, particularly, as additional changes may occur between now and final adoption.” Id . Henry Company believes that the effective date of the proposed regulations “should be moved to July 1,

2009. ” Id

.

Sherwin

- Williams (PC 14)

Sherwin

- Williams states that it employs approximately 26,000 persons at coating manufacturing facilities and company

- owned and

- operated stores throughout the United States.

PC 14 at 1. Sherwin

- Williams further states t hat it s the exclusive retailer for its own brand and also distributes products under a number of brand names “through mass merchandisers, do

- it

yourself outlets, hardware stores, and by independent retailers.” Id

. Sherwin

- Williams reports that, in addit ion to company

- owned stores, it also owns and operates “a major manufacturing facility and a large distribution center” in Illinois. Id

.

Sherwin

- Williams states that, for paint manufacturers, the proposed new regulations require time to change formula tions develop and print new labels for reformulated products, upgrade various systems to prevent shipment of non

- compliant products into Illinois, and

communicate the new VOM limits to distributors and customers. PC 14 at 1

- 2. Sherwin

Williams argues tha t it cannot perform these tasks before final adoption of a rule. Id . at 2.

Sherwin

- Williams believes that the effective date of the proposed regulations “must be moved to July 1, 2009 or later.” Id

.

PPG (PC 15)

PPG states that it “is a wholly owned s ubsidiary of PPG Industries, Inc., with many manufacturing, distribution, and retail facilities throughout Illinois, including an architectural coatings manufacturing facility located in Batavia, IL.” PC 15 at 1. PPG states that it is a

member of NPCA “a nd supports NPCA’s request to extend the implementation date of the AIM rulemaking from January 1, 2009 to July 1, 2009. . . .” Id

.10

PPG states that, for paint manufacturers, the proposed new regulations require time to change formulations, develop and p rint new labels for reformulated products, upgrade various systems to prevent shipment of non

- compliant products into Illinois, and communicate the new VOM limits to distributors and customers. PC 15 at 1. PPG argues that it cannot perform these

tasks be fore final adoption of a rule. Id . Sherwin

- Williams believes that the effective date of the proposed regulations “must be moved to July 1, 2009 or later.” Id

.

Sika (PC 16, 17, 18, 19, 21 , 22 )

Sika states that it was formerly known as Valspar Flooring and “has been a presence in the Industrial Coating and Sports Floor Finish market for nearly 100 years.” E.g. , PC 16 at 1. Sika further states that it for many years operated a production facility on t he south side of Chicago and ran management and oper ations from Wheeling. Id. Sika indicate s that its purchase of Valspar Flooring apparently did not include continued membership in NPCA. PC 22

at 1. The last of Sika’s six comments suggests that those comments speak for Sika as “a formulator, producer a nd marketer AIM regulated paint and coating products.” Id . Sika states that it continues to support an implementation date of January 1, 2009. E.g., PC 16 at 1.

Sika argues that “[p]aint and coating companies have had sufficient time and notice to

res pond to the rule which was to originally be implemented on January 1st of 2008.” E.g. , PC 16 at 1. Sika further argues that delay requires it to maintain two duplicate pr oduct lines, one “a fully compl i a nt line released prior to 2008” and another “left i n place in order to compete with others who continue to offer the noncompliant versions. . . .” Id . Sika states that it has changed its products, labels, and systems to comply with the proposed regulations. Id. Sika suggests that

lack of similar effor ts on the part of others in the industry should not justify an extension of the implementation date. Id

. Sika claims that a delayed implementation date would prevent it from taking advantage of opportunities to be first

- to

- market with compliant products. Id. Sika “strongly believes that the implementation date should be held at January 1 st , 2009.” Id

.

True Value (PC 20)

True Value states that it is a division of the True Value Company and employs 130 persons at its paint manufacturing facility in Ca ry. PC 20 at 1. True Value states that it is a member of NPCA “and supports NPCA’s request to extend the implementation date of the AIM rulemaking from January 1, 2009 to July 1, 2009. . . .” Id

.

True Value states that, for paint manufacturers, the pro posed new regulations require time to change formulations, develop and print new labels for reformulated products, upgrade various systems to prevent shipment of non

- compliant products into Illinois, and communicate the new

VOM limits to distributors and c ustomers. PC 20 at 1. True Value argues that it cannot perform these tasks before final adoption of a rule. Id

. True Value believes that the effective date of the proposed regulations “must be moved to July 1, 2009 or later.” Id

.

CICI (PC 24)11

CICI states that it “is a statewide trade association representing the chemical and paint industry in Illinois.” PC 24 at 1. CICI further states that it “has 198 member companies employing over 49,000 workers in 726 manufacturing facilities and 877 wholesale and

distribution facilities in Illinois.” Id . CICI supports NPCA’s request to extend the implementation date of the proposed rules to July 1, 2009. Id

.

CICI argues that the requested extension of the implementation date will allow adequate

time to com p lete the rulemaking process, adopt final rules , and allow affected industries to comply with new requirements . PC 24 at 1. Specifically, CICI notes that the first notice comment period ended December 22, 2008, and that the Board must submit a second not ice proposal for review by the Joint Committee on Administrative Rules. Id . CICI argues that “this does not allow enough time for the [S]tate of Illinois to meet the set implementation date of January 1, 2009 for finalization of the rule. It seems reaso nable then to allow both the state and industry the time to ensure that the implementation of the proposed rule will occur smoothly.”

Id

.

Senator Althoff (PC 25)

Senator Althoff states that, while “wholeheartedly” supporting implementation of the

propo sed VOM rule, she supports NPCA’s request to extend the implementation date to July 1, 2009. PC 25 at 1. Noting the various changes required for that implementation, she argues that extension “will permit a more orderly and economically feasible complian ce” with greater cooperation by affected entities while limiting business interruption and the risk of product

recalls. Id

.

Agency (PC 23)

The Agency states that, after reviewing the record in this proceeding, it “maintains that the VOM limits to categ ories omitted by the Board as additional categories added by the 2006 OTC model rule are both technically feasible and economically reasonable. The Agency also maintains that it provided adequate support to demonstrate technical and economic feasibility.” PC 23 at 1. The Agency argues that it included VOM limits for these categories reflected communication with affected industries and consistency with regulations in effect in other jurisdictions. Id . The Agency claims that “the affected industry associ ations generally supported the rulemaking in testimony before the Board.” Id . at 1

- 2.

However, the Agency states that, to avoid delay in final adoption of the proposed rule, it “will not be submitting further technical support for these categories.” PC 23 at 2. The Agency states that “[t]he final rules, as amended by the Board, will still achieve the majority of the anticipated VOM reductions from the categories included in the Board First Notice Draft.” Id

. The Agency “encourage s the Board to proceed expeditiously towards the adoption of a second notice opinion and order adding Part 223.” Id

. The Agency’s comments did not address the issue of the implementation date of the proposed regulations. See generally PC 23.

DISCUSSION12

The Board notes the Agency’s comment regarding VOM limits for categories added by the 2006 revision of the OTC model rule and omitted by the Board from its first

- notice opinion and order. As the Agency offers no additional technical support for including these categories in the proposed Part 223 and clearly desires to avoid any delay in adopting the proposed regulations, the Board will not include those categories in its second

- notice opinion and order.

After reviewing the record including the first

- notice comments summari zed above, the Board finds that the January 1, 2009 implementation date originally proposed by the Agency should be extended to July 1, 2009. The Board finds that this extension provides regulated entities a reasonable opportunity to take practical steps such as product reformulation to implement the proposed new Part 223. While the Board notes Sika’s comment s that it complies with the proposed rule , the Board cannot conclude that other entities failed to demonstrate appropriate effort by allowing this ru lemaking to proceed closer to final adoption before implementing its requirements . With adoption of this second

- notice opinion and order, the Board today moves significantly closer toward adoption of enforceable regulations.

With the exception of exten di ng the implementation d ate to July 1, 2009, the amendments proposed in the Board’s order below are substantively unchanged from the Board’s

first

- notice opinion and order dated October 16, 2008. In the following section of this opinion,

the Board summariz es its second

- notice proposal.

SUMMARY OF SECOND

- NOTICE PROPOSAL

Proposed Subpart A: General Provisions

Severability (Section 223.100)

The Board proposes to add a section providing in its entirety that, “[i]f any Section, subsection, or clause of thi s Part [223] is found invalid, such finding shall not affect the validity of this Part as a whole or any Section, subsection, or clause not found invalid.” Prop. at 2 (proposed new Section 223.100), Statement at 13.

Abbreviations and Acronyms (Section 22 3.105)

The Board proposes to add a section providing that, “[u]nless otherwise specified within this Part [223], the abbreviations used in this Part shall be the same as those found in 35 Ill. Adm. Code 211.” Prop. at 2 (proposed new Section 223.105), S tatement at 13; see 35 Ill. Adm. Code 211 (definitions and general provisions applicable to emission standards and limitations for stationary sources). The proposed new section lists a number of abbreviations and acronyms. Prop. at 3; see also TSD at 2 ( List of Acronyms).

Incorporations by Reference (Section 223.120)

The Board proposes to add language incorporating by reference various materials. Prop.

at 3

- 6 (proposed new Section 223.120), Statement at 13. The proposed new section specifically13

provi des that “[t]hese incorporations do not include any later amendments or additions.” Prop. at 3, Statement at 13.

During the second hearing, the hearing officer directed to the Agency a number of questions about this proposed section. First, regarding s ubsections (a) through (e) incorporating materials from the Code of Federal Regulations, the hearing officer requested that the Agency make these five incorporations consistent with one another, particularly with regard to their

citations to the Federal Re gister. Tr.2 at 52

- 53. The Agency addressed this request in its third

errata sheet. Errata 3 at 2

- 3.

Second, regarding various subsections in which the Agency sought to incorporate materials from the South Coast Air Quality Management District (SCAQMD ), Bay Area Air Quality Management District (BAAQMD), and CARB, the hearing officer requested that the Agency supply an address for these three entities through which the public can obtain copies of the materials sought to be incorporated. Tr.2 at 53; see 5 ILCS 100/5

- 75(a) (2006) (Illinois Administrative Procedure Act). The Agency addressed this request in its third errata sheet.

Errata 3 at 4.

Third, the hearing officer noted that, although an SCAQMD analytical method filed with

the Board indicates a pproval in July 1996, the proposed incorporation refers to approval on August 10, 1998. Tr.2 at 53; see Prop. at 5 (proposed Section 223.120(i)); but see Prop., Att. B(i) (SCAQMD Method 318

- 95 approved July 1996). The hearing officer asked that the Agenc y “clarify whether there is a subsequent version of this method that the Board would need to obtain as part of its record in its proceeding.” Tr.2 at 53. The Agency did not specifically address this

issue in its third errata sheet. See Errata 3 at 2

- 5 ( amending proposed Section 223.120). Accordingly, the Board amend ed the Agency’s proposal to reflect the 1996 date of the document

filed with it. See 5 ILCS 100/5

- 75(c) (2006) (requiring Board to maintain c opy of incorporated material). Although the Boar d’s first

- notice opinion sought comment on this amendment, none

of the first

- notice comments summarized above addressed the issue.

Fourth, the hearing officer noted that, although two BAAQMD analytical methods filed with the Board indicate proposed amend ment dated February 4, 2004, the proposed incorporation refers to amendments dated May 18, 2005. Tr.2 at 54; see Prop. at 5 (proposed Sections 223.120(j), (k)); but see Prop., Att. B(j), (k) (BAAQMD Methods 43 and 41, respectively). The hearing officer a sked that the Agency clarify “whether there is a subsequent version of the method that the Board would need to obtain a copy of for the record in this proceeding.” Tr.2 at 54. The Agency did not specifically address this issue in its third errata sheet. See Errata 3 at

2

- 5 (amending proposed Section 223.120). Acc ordingly, the Board amend ed the Agency’s proposal to reflect the 2004 date of the methods filed with it. See 5 ILCS 100/5

- 75(c) (2006) (requiring Board to maintain c opy of incorporated material ). Although the Board’s first

- notice opinion sought comment on this amendment, none of the first

- notice comments summarized

above addressed the issue.

Fifth, the hearing officer noted that, although an SCAQMD rule filed with the Board indicates adoption on October 5, 1990, the proposed incorporation refers to approval on February 27, 1991. Tr.2 at 54; see Prop. at 5 (proposed Section 223.120(i)); but see Prop., Att. B(m)14

(SCAQMD Rule 1174 adopted October 5, 1990). The hearing officer asked the Agency to “clarify whether there is some subsequent version, updated version of that document that the

Board would need to obtain .” Tr.2 at 54. The Agency did not specifically address this issue in

its third errata sheet. See Errata 3 at 2

- 5 (amending proposed S ection 223.120). Accordingly,

the Board amend ed the Agency’s proposal to reflect the 1990 adoption date of the document

filed with it. See 5 ILCS 100/5

- 75(c) (2006) (requiring Board to maintain copy of incorporated material). Although the Board’s first

- notice opinion sought comment on this amendment, none

of the first

- notice comments summarized above addressed the issue.

Sixth, the hearing officer noted that Agency wishes to incorporate a provision of the California Administrative Code. Tr.2 at 54; se e Prop. at 5 (proposed subsection 223.120(n)),

C AL

. C ODE R EGS ., tit. 17, § 94509. The hearing officer noted that, in the copy of those regulations filed with the Board, five images appearing to contain VOC content limits appeared as not available for prin ting. Tr.2 at 55; see Prop., Att. B(n) (regulatory language). The hearing officer requested that the Agency complete the document by filing a copy including those images. Tr.2 at 55. The Agency responded to this request by filing a copy of the regulato ry language as an attachment to its post

- hearing comments. PC 3, Att. 3.

Finally, the Board notes that the Agency in its third errata sheet proposed to strike from materials incorporated by reference one set of test methods from the American Society for Testing and Materials (ASTM) and to add to those materials ASTM Method D86

- 07b for distillation of petroleum products. Errata 3 at 3

- 4. The Agency supplied the Board with a copy of this method by submitting it as an attachment to its post

- hearing commen ts. PC 3, Att. 1.

Proposed Subpart B: Consumer and Commercial Products

USEPA regulates consumer and commercial products through a rule promulgated on September 11, 1998. TSD at 5, citing 40 C.F.R. 59 Subpart D; TSD at 17 (noting authority

under Secti on 183(e) of Clean Air Act). Use of these products results in solvent evaporation and the emission of VOM. TSD at 9. The USEPA rule limits the VOM content of 24 categories of consumer and commercial products and is estimated to have reduced VOM emission s from those categories by 20 percent from uncontrolled levels. TSD at 5, 17. Emissions attributable to those 24 categories, however, “account for only 48 percent of the consumer and commercial products emission inventory.” Id . at 5

- 6, 17, citing Prop., Att. A(3) (Interim White Paper

– Midwest Regional Planning Organization Candidate Control Measures, Source Category: Consumer and Commercial Products, MACTEC, December 1, 2005).

Under the USEPA rule, “a consumer product is any household or institutiona l product (including paints, coatings, and solvents), or substance, or article (including any container or packaging) held by any person, the use, consumption, storage, disposal, destruction, or decomposition of which may result in the release of VOC.” TS D at 8, citing 40 C.F.R. 59.202; Statement at 5. “Consumer and commercial products are chemically formulated products used by household and institutional consumers including, but not limited to, detergents; cleaning compounds; polishes; floor finishes; co smetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; aerosol paints; and automotive specialty products.” TSD at 8,

Statement at 5

- 6. The description also includes aerosol adhesives, including those for consumer,15

in dustrial, and commercial uses. TSD at 8, Statement at 6. It does not however, “include other paint products, furniture coatings, or architectural coatings.” TSD at 8, Statement at 6. “Consumer and commercial products are sold to retail customers for pe rsonal, household, or automotive use” and also are sold “by wholesale distributors for use in commercial or industrial settings such as beauty shops, schools, and hospitals.” TSD at 8.

The Agency note d that the Emission Inventory Improvement Program sep arates the category of consumer and commercial products into seven categories: “personal care products, household products, automotive aftermarket products, adhesives and sealants, FIFRA regulated products, coatings and related products, and miscellaneous products.” TSD at 14, citing Prop., at Att. A(1) (Emission Inventory Improvement Program Volume III, Chapter 5 Consumer and Commercial Solvent Use, August 1996). For the purposes of its propos al, however, the Agency

divided the source category into 59 p roduct categories, each with a VOM content limit expressed in percentage VOM by weight. TSD at 10

- 14 (Table 2.2.1 Proposed Regulated Product Categories and Limits), Prop. at 29

- 35 (proposed Section 223.205).

The Agency note d that it produced a 2002 ozon e inventory, which includes “a comprehensive inventory of VOM emissions from consumer and commercial products statewide, and for both NAAs [nonattainment areas] in Illinois. TSD at 14, citing Prop., Att. A(15) (Illinois Base Year Ozone Inventory for 2002 (June 2006)). That inventory includes emission factors for each of seven product categories expressed in pounds per year per person. TSD at 15 (Table 2.2.2 Consumer Product Emission Factors by Category), Prop., Att. A(15) at 46 (Table 4

- 12

Consumer Solve nt Use Emission Factors (lb/person/year)).

The Agency’s data also include an inventory of VOM emissions attributable to consumer and commercial products during both the ozone season and the entire year. TSD at 15

- 16 (Table 2.2.3), citing Prop., Att. A(2 ) (Illinois Periodic Emission Inventory and Milestone Demonstration for 2002); Prop., Att. A(15) (Illinois Base Year Ozone Inventory for 2002 (June 2006)). The data show that “consumer and commercial products account for approximately 4.95% of total

state wide anthropogenic VOM emissions during the ozone season and approximately 8.51% of those emissions for the entire year. TSD at 9, 16, Statement at 6. In the Metro East/St. Louis NAA, consumer and commercial products account for approximately 4.93% of to tal anthropogenic VOM emissions during the ozone season and approximately 6.89% of those emissions for the entire year. TSD at 9, 16, Statement at 6. In the Chicago NAA, consumer and commercial products account for approximately 9.22% of total anthropoge nic VOM emissions during the ozone season and approximately 13.45% of those emissions for the entire year. TSD at 9, 16, Statement at 6. “Consumer and commercial products are estimated to emit 81.86 tons of VOM per day in Illinois” during the ozone seaso n and to emit 124.80 tons per day over the entire year. TSD at 16 (Table 2.2.3); see Statement at 6.

The Agency claimed that “[t]he most effective approaches for achieving reductions in this source category are reformulating products currently employing VOM solvents and replacing them with water based formulations or formulations employing acetone or other exempt solvents.” TSD at 16, Statement at 6

- 7, 12. The Agency further argue d that “[o]ther measures for reduction in this category include increasing the solids content of products,16

formulating non

- VOM propellants for products, or changing the valves, containers, or delivery systems of the products to reduce VOM content. ” TSD at 16, Statement at 7, 12.

The Agency estimate d that adoption of its propo sed rule “will result in a 14.2% reduction in VOM emission from consumer and commercial products beyond those achieved by the current federal rule.” Statement at 7, TSD at 29, citing Prop., Att. A(3) (Interim White Paper

– Midwest Regional Planning Organi zation Candidate Control Measures, Source Category: Consumer and Commercial Products, MACTEC, December 1, 2005). This translates into a reduction of approximately 17.72 tons per day or 6468 tons of VOM per year in Illinois. Statement at 7, TSD at 29, ci ting Prop., Att. A(15) (Illinois Base Year Ozone Inventory for 2002 (June 2006)). This represents “a reduction of nearly 1% of the total anthropogenic VOM emissions in the State.” Statement at 7, TSD at 29.

In his testimony prefiled on behalf of CSPA o n April 14, 2008, Mr. Yost indicted that USEPA is developing revisions to its consumer products rule and that USEPA expects to issue its proposed revisions in May of 2008. Yost Test. at 3. At the first hearing, Mr. Yost elaborated

that USEPA considered M ay to remain the target date for issuance of the revised consumer products rule. Tr.1 at 46 (referring to discussions with Mr. Bruce Moore of USEPA). He also stated that he expected the implementation date of the revised rule to fall sometime between May and August of 2009. Id . Similarly, IERG expects USEPA to propose amended consumer products rule s in the late summer or early fall of 2008 with promulgation in the spring of 2009. PC 4 at 3 (referring to e

- mail from Mr. Bruce Moore of USEPA).

In his t estimony at the first hearing, Mr. Davis acknowledged that the Agency “would have to address” any ways in which a USEPA proposal differed from its own. Tr. 1 at 11

- 12. At the second hearing, however, he indicated that the expected date for proposing and promulgating that USEPA consumer products rule “keeps getting pushed back.” Tr.2 at 11.

Purpose (Section 223.200)

The Board proposes to add a section providing in its entirety that “[t]he purpose of this Subpart [B] is to limit emissions of volatile or ganic materials (VOMs) by requiring reductions in the VOM content of consumer and commercial products.” Prop. at 6 (proposed new Section 223.200), Statement 13.

Applicability (Section 223.201)

The Board proposes to add a section providing in its entire ty that, “[e]xcept as provided in Section 223.230 [Exemptions], this Subpart shall apply to any person who sells, supplies, offers for sale, or manufactures consumer products on or after J ul y 1, 2009, for use in Illinois.” Prop. at 6 (proposed new Section 223.201), Statement at 13

- 14.

Definitions (Section 223.203)

The Board proposes to add a section listing definitions applicable to the provisions of Subpart B. Prop. at 6

- 29 (proposed new Section 223.203), Statement at 14. The Board also17

proposes to i nclude language providing that, “[u]nless otherwise defined in this Section , the definitions of terms used in this Subpart shall have the meanings specified for those terms in 35

Ill. Adm. Code 211.” Prop. at 6, Statement at 14; see 35 Ill. Adm. Code 211 (definitions and general provisions applicable to emission standards and limitations for stationary sources).

In its second errata sheet, the Agency proposed a number of technical changes. Errata 2

at 1

- 2. First, the Agency clarified that ASTM methods included in three definitions are incorporated by reference. Id .; see Prop. at 4 (proposed new Section 223.120). Also, in five definitions, the Agency changed the term “Part” to “Subpart” to clarify the applicability of those

definitions. Errata 2 at 2

- 4; see Tr.1 at 27

- 28. Similarly, the Agency in its third errata sheet proposed a number of technical changes “to clarify the definitions of certain words.” Errata 3 at 5; see Tr.2 55

- 56.

Standards (Section 223.205)

The Board proposes to add a section providing that, with certain specified exceptions, “no person shall sell, supply, offer for sale, or manufacture for sale in Illinois any consumer product manufactured on or after J ul y 1, 2009, which contains VOMs in excess of the limits specified in this subsection .” Prop. at 29, Statement at 14. For 60 catego ries of affected products, the Board proposes VOM content limits expressed in terms of “% VOM by Weight.” Prop. at 29

- 35 (proposed Section 223.205(a)), TSD at 10

- 14 (Table 2.2.1 Proposed Regulated Product Categories and Limits). The proposed section also provides that “[n]o person shall sell, supply, offer for sale, or manufacture for sale in Illinois, on and after Jul y 1, 2009, any antiperspirant or deodorant that contains any” of 17 listed compou nds. Prop. at 35 (proposed Section 223.205(b)), Statement at 14.

In his testimony on behalf of the Agency, Mr. Davis expressed the assumption that affected entities had sufficient time to comply with the provisions of the proposed rule by the compliance date of January 1, 2009. Tr.2 at 9. His testimony also acknowledged that, because compliance with the ozone standard must be demonstrated by June 15, 2010, the Agency’s proposal can potentially influence only the 2009 ozone season. Id . at 10. In her t estimony on behalf of IERG, Ms. Hodge asked why the Agency had “waited until this point in time to propose the rule?” Id . at 10

- 11. In its post

- hearing comments, the Agency responded that it

filed the proposed regulation as soon as was possible given th e staff resources, and the combination of the Consumer Products rule with [the] AIM Coatings rules and the now withdrawn Aerosol Coating rule. An extensive amount of consultation with the affected industry groups to ensure the rules were consistent

and ac ceptable to stakeholders was an additional factor in the timing of the Agency’s filing of the proposed regulations. PC 3 at 1 (§2); see Davis Test. at 3.

In his testimony on behalf of the CSPA, Mr. Yost noted that, unlike the OTC model rule, the Agency’s proposal included no provision for obtaining a variance from the VOM content standards. Tr.1 at 39. Addressing that issue for the Agency, Mr. Davis stated that “Illinois has its own variance procedures that we follow.” Id.

, see 415 ILCS 5/35

- 38 (Varian ces). Ultimately,18

Mr. Yost supported the Agency’s proposed compliance date of January 1, 2009, characterizing it as “absolutely critical” and “consistent with what the other states are doing.” Tr.1 at 45.

Diluted Products (Section 223.206)

The Board p roposes to add a section providing that, “[f]or consumer products for which the label, packaging, or accompanying literature specifically states that the product should be

diluted with water or non

- VOM solvent prior to use, the limits specified in Section 223.205(a) shall apply t o the product only after the minimum recommended dilution has taken place.” Prop. at 36 (proposed Section 223.206 (a)), Statement at 14

- 15. The Board also seeks to clarify that

“the minimum recommended dilution shall not include re commendations for incidental use of a concentrated product to deal with limited special application such as hard

- to

- remove soils or stains.” Prop. at 36 (proposed Section 223.206(b), Statement at 15. Finally, the Board proposes language providing that, “ [f]or consumer products for which the label, packaging, or accompanying literature states that the product should be diluted with any VOM solvent prior to use, the limits specified in Section 223.205(a) shall apply to the product only after the maximum

rec ommended dilution has taken place.” Prop. at 36 (proposed Section 223.206(c)), Statement at

15.

Products Registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (Section 223.207)

The Board proposes to add a section providing th at, for products registered under FIFRA,

“the effective date of the VOM standards will be J uly 1, 2010.” Prop. at 36 (proposed Section 223.207), Statement at 15. In its second errata sheet, the Agency proposed language “to clarify

that the FIFRA section specified was incorporated by reference.” Errata 2 at 4 (§3). In responding to a question at the first hearing, Mr. Yost accounted for this effective date. He stated that a number of consumer products, such as those that kill mold or mildew, are regulat ed as a pesticide by FIFRA. Tr.1 at 29. He further stated that changes such as the formulation or labeling of pesticides require approval under FIFRA both by USEPA and the state Department of Agriculture. Id. at 29

- 30. He testified that the OTC model r ule and regulations in other states all “provide one additional year because it takes that additional time to work through other sister agencies to get approval for any type of change.” Id . at 30.

Requirements for Aerosol Adhesives (Section 223.208)

Th e Board proposes to add a section providing that, as specified in particular language in California statutes, “the standards for aerosol adhesives apply to all uses of aerosol adhesives, including consumer, industrial, and commercial uses.” Prop. at 36 (p roposed Section 223.208(a)), Statement at 15; see Prop., Att. B(o) ( C AL

. H EALTH AND S AFETY C ODE § 41712(h)(2) (2005)). In its second errata sheet, the Agency proposed to clarify that this California provision was incorporated by reference. Errata 2 at 4 (§4).

The proposed section continues by stating that, subject to specified exceptions, “no person shall sell, supply, offer for sale, use or manufacture for sale in Ill inois any aerosol

adhesive that , at the time of sale, use, or manufacture, contains VOM s in excess of the specified19

standard.” Prop. at 36 (proposed Section 223.208(a)), Statement at 15. In its third errata sheet, the Agency proposed to strike an inadvertently repeated cross

- reference to one of the stated exceptions. Errata 3 at 7 (§4); s ee Tr.2 at 56.

The Board also proposes a subsection (b) providing that, in order to qualify as a “Special Purpose Spray Adhesive,” a product must satisfy one or more of the proposed definitions of that term. Prop. at 36 (proposed Section 223.208(b)(1)), Statement at 15; see Prop. at 26

- 27 (proposed definition). The proposed subsection (b) continues by providing that, “if the product label indicates that the product is suitable for use on any substrate or application not listed in the

definitio ns for Spe cial Purpose Spray Adhesive, then the product shall be classified as either a Web Spray Adhesive or a Mist Spray Adhesive. Prop. at 36

- 37 (proposed Section 223.208(b)(1)), Statement at 15

- 16. The Board also proposes that, if a product meets more than

one of the definitions of Special Purpose Spray Adhesive and is not classified as a Web Spray

Adhesive or Mist Spray Adhesive, “then the VOC limit for the product shall be the lowest applicable VOM limit s pecified in Section 223.205(a) [ Standards ] .” Statemen t at 16, Prop. at 37 (proposed Section 223.208(b)(2)).

The Board also proposes a subsection (c) stating that, effective J ul y 1, 2009, “no person shall sell, supply, offer for sale, or manufacture for use in Illinois” aerosol adhesives containing any of t hree specified compounds. Prop. at 37 (proposed Section 223.208(c)), Statement at 16.

The Board also proposes that all aerosol adhesives must comply with proposed additional labeling requirements for aerosol adhesives, adhesive removers, electronic clean er, electrical cleaner, energized electrical cleaner, and contact adhesives. Prop. at 37 (proposed Section 223.208(d)), Statement at 16; see Prop. at 43

- 44 (proposed Section 223.265 additional labeling requirements).

Requirements for Floor Wax Strippers (Section 223.209)

The Board proposes to add a section providing that, on and after J ul y 1, 2009, no person shall sell, supply, offer for sale, or manufacture for use in Illinois any floor wax stripper unless certain special labeling requirements concerni ng dilution ratios are met.” Statement at 16, Prop. at 37 (proposed Section 223.209). Specifically, non

- aerosol floor wax stripper labels must specify, for light or medium build

- up of polish, a dilution ratio resulting “in an as

- used VOM

concentration of three percent by weight or less.” Prop. at 37 (proposed Section 223.209(a)).

Thos e labels must require, for removal of heavy build

- up, a dilution ratio “that results in an as

used VOM concentration of 12% by weight or less.” Id . (proposed Section 223.2 09(b)). The Board’s proposal does not require use of the specific term “light b uild

- up,” “medium build

- up,”

or “heavy build

- up,” as long as labels use comparable terminology. Id . (proposed Section 223.209(c)).

Products Containing Ozone

- Depleting Compoun ds (Section 223.210)

The Board proposes to add a section providing that, for consumer products subject to VOM content standards, “no person shall sell, supply, offer for sale, or manufacture for sale in Illinois any consume p roduct that contains any of” fifteen specified ozone

- depleting compounds. Prop. at 37

- 38 (proposed Section 223.210(a)), Statement at 16; see Prop. at 29

- 35 (proposed20

standards). The Board also proposes to provide exceptions for “any product formulation existing

as of J ul y 1, 2009 th at complies with Section 223.205(a) [Standards] or is reformulated to meet Section 223.205(a), provided the ozone

- depleting compound content of the reformulated product does not increase.” Prop. at 38 (proposed Section 223.210(b)), Statement at 16

- 17. In addition,

the Board proposes language providing that the prohibition does not apply “to any ozone depleting compounds that may be present as impurities in a consumer product in an amount equal to or less than 0.01% by weight of the product.” Prop. at 38 (proposed Section 223.210(c)), Statement at 17.

Requirements for Charcoal Lighter Material (Section 223.220)

The Board proposes to add a section pro viding that, on and after Jul y 1, 2009, no person shall sell, supply, or offer for sale charcoal lighter material, unless the material at the time of the transaction has an effective CARB certification under a specified California regulation. Prop. at 38 (proposed Section 223.220(a)), Statement at 17; see Prop., Att. B(n) ( C AL

. C ODE R EGS

. tit. 17, § 94509(h) (2005)). In its second errata sheet, the Agency clarified that this California provision was incorporated by reference. Errata 2 at 4

- 5 (§5). The Board also seeks to clarify that “[t]his certification remains in effect for Illinois for as long as the C ARB certification remains in effect.” Prop. at 38, Statement at 17.

The Board also proposes language providing that, as an alternative, “the person may

demonstrate that

, at the time of the transaction

, the manufacturer had been issued a certification by an air pollution agency of another state and USEPA that was current at the time of the transaction.” Prop. at 39 (proposed Section 223.220(b)), Statement at 17. Finally, the Board also proposes that a manufacturer claiming to have this certification mus t submit, at the Agency’s request, “a copy of the certification decision, including all conditions applicable to the certification established by CARB or the air pollution agency of another state and USEPA.” Prop. at 39 (proposed Section 223.220(c)), Stat ement at 17.

Exemptions (Section 223.230)

The Board adds a section listing categories of products that are exempt from the proposed regulation. Prop. at 39

- 40 (proposed Section 223.230), Statement at 17. First, the Board

proposes to exempt

any consum er 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 distr ibutor has taken reasonable, prudent precautions to assure that the consumer product is not distributed to Illinois. Prop. at 39 (proposed

Section 223.230(a)), Statement at 17.

Second, the Board proposes that, “[f]or antiperspirants or deodorants, ethano l shall not be considered a medium volatility organic material (MVOM) for purposes of the content standards specified in Section 223.205(a).” Prop. at 39 (proposed Section 223.230(b)), Statement at 17:

see Prop. at 29

- 35 (proposed Section 223.205 standard s). Third, the Board provide s that the21

VOM content limits “shall not apply to fragrances up to a combined level of two percent by weight contained in any consumer product and shall not apply to colorants up to a combined level of two percent by weight con tained in any antiperspirant or deodorant.” Prop. at 39 (proposed Section 223.230(c)), Statement at 17

- 18. Fourth, the Board also seeks to provide that the VOM content limits “for antiperspirants and deodorants shall not apply to those volatile organic m aterials that contain more than 10 carbon atoms per molecule and for which the vapor pressure is unknown, or that have a vapor pressure of two mm Hg or less at 20oC.” Prop. at 39 (proposed Section 223.230(d)), Statement at 18.

Fifth, the Board proposes that the VOM content limits “shall not apply to any LVP

- VOM [Low Vapor Pressure

– Volatile Organic Material].” Prop. at 39 (proposed Section 223.230(e)). In responding to a question at the first hearing, Mr. Davis indicated that, if a product contains

ot her types of VOM, it is still subject to the VOM standards. Tr.1 at 32. Sixth, the Board seeks to provide that the product dating requirements of the proposal do not apply to consumer products regulated under FIFRA. Prop. at 39 (proposed Section 223.230 (f)), Statement at 18; see Prop. at 41

- 42 (proposed Section 223.250 product dating provisions), Prop., Att. B(s) (FIFRA). Seventh, the Board proposes to e xempt from VOM content limits “ air fresheners that are comprised entirely of fragrance, less compound s not defined as VOMs under Section 211.7150 or exempted under subsection (f).” Prop. at 39 (proposed Section 223.230(g)), Statement at 18;

see 35 Ill. Adm. Code 211.7150 (defining VOM or VOC).

Eighth, the Board also proposes to exempt from VOM content limits “ air fresheners and insecticides containing at least 98% para

- dichlorobenzene.” Prop. at 39 (proposed Section 223.230(h)), Statement at 18. Ninth, the Board offers an exemption from VOM content limits

for “adhesives sold in containers of one fluid ounce or less.” Prop. at 40 (proposed Section 223.230(i)), Statement at 18. Tenth, and finally, the Board proposes to exempt “bait station insecticides” from VOM content limits. Prop. at 40 (proposed Section 223.230(j)). For the purpose of this sectio n, the proposal defines “bait station insecticides” as “containers enclosing an insecticidal bait that is not more than 0.5 ounce by weight, whe n the bait is designed to be ingested by insects and is composed of solid material feeding stimulants with less than five percent active ingredients.” Prop. at 40, Statement at 18.

Innovative Product Exemption (Section 223.240)

The Board proposes to add a section providing an innovative product exemption, which allows “qualified manufacturers to sell products th at have VOC contents greater than the applicable VOC limit, provided they demonstrate that such products actually emit less VOCs than representative products that comply with the VOC limit.” TSD at 19 (§2.4 Flexibility in Compliance Measures), Statement a t 10. The Agency claimed that, in both California and the OTC states, “various manufacturers have formulated technologically

- advanced products that are more concentrated, higher in efficacy, or have some other chemical or physical properties that permit u sers to release less VOCs when using such products.” Statement at 10, TSD at 19

- 20, citing Prop., Att. A(6) at 61, 222 (Initial Statement of Reasons for Proposed Amendments to the California Consumer Products Regulations (Sept. 10, 1999)).22

The proposal provides that a manufacturer of consumer products granted an Innovative Product exemption by CARB according to specific regulations shall be exempt from the VOM content limits for the time the exemption remains in effect, provided that all consumer product s within the CARB Innovative Products exemption are contained in the proposal’s content limits. Prop. at 40 (proposed Section 223.240(a)), Statement at 18

- 19; see Prop., Att. B(q) ( C AL

. C ODE
R EGS

. tit. 17, § 94511 (1997)), Prop., Att. B(r) ( C AL

. C ODE R EGS

. tit. 17, § 94503.5 (1996)). In

its second errata sheet, the Agency proposed to clarify that the applicable California regulations were incorporated by reference. Errata 2 at 5 (§6). The Board also proposes that manufacturers claiming this exemption mu st submit to the Agency the CARB decision granting the exemption, including all applicable conditions established by CARB. Prop. at 40, Statement at 19.

The Board establishes special recordkeeping requirements. The Board proposes to require that all in formation specified in the approval of the innovative product exemption “shall be maintained by the responsible party for a minimum of three years after the expiration of such exemption.” Prop. at 40 (proposed Section 223.240(b)(1)), Statement at 19. The Board also proposes to require that “[t]he records shall be clearly legible and maintained in good condition during this period.” Prop. at 40, Statement at 19. Finally, the Board offers language providing

that these records “shall be made available to t he Agency, or its authorized representative, upon request.” Prop. at 40 (proposed Section 223.240(b)(2)), Statement at 19.

Alternative Compliance Plans (Section 223.245)

The Board proposes to add a section providing for an alternative compliance plan ( ACP), which allows “for approved manufacturers of affected consumer products to use emissions averaging for their product lines.” TSD at 20, Sta tement at 10. The Agency stated that, generally,

emissions averaging under approved ACP plans allows manufact urers to choose

the least

- cost or other advantageous reformulation options for its product lines. Rather than directly complying with the VOC limit for each product, manufacturers can choose to ‘overcomply’ with some reformulations in order to

offset the ‘undercompliance’ of other product lines. TSD at 20, citing Prop., Att. A(6) at 222 (Initial Statement of Reasons for Proposed Amendments to the California Consumer Products Regulations (Sept. 10, 1999)); Statement at 10

- 11.

The Agency indicate d that the ACP provisions i ntend to provide an alternative method for compliance with VOM content limits. Prop. at 40 (proposed Section 223.245(a)), Statement at 11, 19. Specifically, the proposal allow s responsible ACP parties the option of voluntarily entering i nto separate ACPs for consumer products and limits the option to those responsible parties. Prop. at 40, Statement at 19; see Prop. at 24 (defining “Responsible ACP Party”).

The proposal provides that a manufacturer of consumer products that have been g ranted an ACP agreement by CARB according to specific regulations shall be exempt from the VOM content limits for the time the ACP agreement remains in effect, provided that all consumer products used for emissions credits are contained in the proposal’s c ontent limits. Prop. at 40

- 41 (proposed Section 223.245(b)), Statement at 19

- 20; see Prop., Att. B(p) ( C AL

. C ODE R EGS

. tit.23

17, § 94540

- 55 (1996). In its second errata sheet, the Agency proposed to clarify that the California regulations were incorporate d by reference. Errata 2 at 5 (§7). The Board also proposes that manufacturers claiming to have an ACP agreement must submit to the Agency the CARB decision on the ACP, including all applicable conditions established by CARB. Prop. at 41, Statement at 2 0.

The Board also proposes special recordkeeping requirements. Specifically, t he Board proposes to require that all information specified in the approval of the ACP “shall be maintained by the responsible ACP party for a minimum of three ye ars after the expiration of the ACP.” Prop. at 41 (proposed Section 223.245(c)(1)), Statement at 20. The Board also proposes to require that “[t]he records shall be clearly legible and maintained in good condition during this period.” Prop. at 41, Statement at 20. Finally, the Board also provid es that these records “shall be made available to the Agency or its authorized representative upon request.” Prop. at 41 (proposed Section 223.240(c)(2)), Statement at 20.

Product Dating (Section 223.250)

The Board propose s to add a new section regarding product dating. The proposal first requires that manufacturers of consumer products subject to VOM content limits “shall clearly display on each consumer product container or package the day, month, and year on which the

p roduct was manufactured, or a code indicating such date.” Prop. at 41 (proposed Section 223.250(a)), Statement at 20. Second, the proposal provides a code for indicating the date of manufacture and states that, if the code is separate from other codes on the product container so that it is easily recognizable, then the manufacturer need not comply with additional product dating requirements. Prop. at 41 (proposed Section 223.250(b)), Statement at 20; see Prop. at 42 (proposed Section 223.255 Additional P roduct Dating Requirements).

Third, the Agency originally proposed that “[t]his date or code shall be displayed on each consumer product container or package no later than twelve months prior to the effective date of the applicable [VOM content] standard .” Prop. at 41 (proposed Section 223.250(c)), Statement

at 20. In its third errata sheet, the Agency proposed instead to strike the words “twelve months prior to,” stating that it had inadvertently left this language in the proposal. Errata 3 at 7

- 8 (§5 );

see Tr.2 at 56. Fourth, the Board proposes language regarding the location of the date or date code information on the container of the product. Prop. at 41

- 42 (proposed Section 223.250(d)),

Statement at 20

- 21. Fifth, and finally, the Board also prop oses that these labeling requirements “shall not apply to products containing no VOMs (as defined in Section 223.203), or containing VOMs at 0.10% by weight or less.” Prop. at 42 (proposed Section 223.250(e)), Statement at 21.

Additional Product Dating R equirements (Section 223.255)

The Board also proposes language establishing additional product labeling requirements.

In its third errata sheet, the Agency proposed to clarify this language by striking the first two subsections it had originally propose d. Errata 3 at 8 (§6). The Agency stated that this language had been inadvertently left in the proposed rule. Id. ; see Tr.1 at 18

- 21, Tr.2 at 56, Yost Test. at

6

- 7. As amended by the third errata sheet, the proposal first provides that “[n]o person sha ll erase, alter, deface, or otherwise remove or make illegible any date or code indicating the date of24

manufacturer from any regulated product container without the express authorization of the manufacturer.” Prop. at 42 (proposed Section 223.255(a)), St atement at 21. The same subsection also provides that “[n]o manufacturer shall affix a date code that is not true for the date the item was manufactured.” Prop. at 42, Statement at 21. The Board also proposes language providing that date

- code explanatio n s “are public information and may not be claimed as confidential.” Prop. at 42 (proposed Section 223.255(b)), Statement at 21.

Most Restrictive Limit (Section 223.260)

The Board proposes to add a section providing that, notwithstanding the definition of “product category,”

if anywhere on the principal display panel of any consumer product manufactured

before J ul y 1, 2009, or any FIFRA

- registered insecticide manufactured before

J ul y 1, 2010, any representation is made that the product may be used as, o r is suitable for use as, a consumer product for which a lower VOC limit is specified in Section 223.205(a), then the lowest VOC limit shall apply. Prop. at 42 (proposed Section 223.260(a)), Statement at 21

- 22.

The proposal further states that “[t]his re quirement does not apply to general purpose cleaners, antiperspirant/deodorant products and insecticide foggers.” Prop. at 42, Statement at 22.

Similarly, the Board proposes to provide that, notwithstanding the definition of “product category,”

if anyw here on the container or packaging of any consumer product manufactured

on or after Jul y 1, 2009, or any FIFRA

- registered insecticide manufactured on or

after J ul y 1, 2010, or on any sticker or label affix ed to the container or packaging

, any representatio n is made that the product may be used as, or is suitable for use as, a consumer product for which a lower VOC limit is specified in Section 223.205(a), then the lowest VOC limit shall apply. Prop. at 43 (proposed Section 223.260(b)), Statement at 21

- 22.

The proposal further states that “[t]his requirement does not apply to general purpose cleaners, antiperspirant/deodorant products and insecticide foggers.” Prop. at 43, Statement at 22.

Additional Labeling Requirements for Aerosol Adhesives, Adhesive R emovers, Electronic Cleaners, Energized Electrical Cleaners, and Contact Adhesives (Section 223.265)

The Board proposes to add a section requiring that, in addition to the requirements of other specified sections of the proposal, “both the manufacturer a nd responsible party for each aerosol adhesive, adhesive remover, electronic cleaner, electrical cleaner, energized electrical cleaner, and contact adhesive product subject to this regulation” must ensure that all products clearly display five specific ite ms of information on product containers manufactured on or after

Jul y 1, 2009. Prop. at 43 (proposed Section 223.265(a)), Statement at 22. First, the container must display either the specific product category or an abbreviation of it. Prop. at 43 (prop osed25

Section 223.265(a)(1)), Statement at 22. Second, except for energized electrical cleaner, it must also display the applicable VOM standard for the product expressed as a percentage by weight, unless the product is included in an ACP approved by the A gency and the product exceeds the applicable VOM standard. Prop. at 43 (proposed Section 223.265 (a)(2)), Statement at 22

- 23.

Third, if the product is included in an ACP approved by the Agency and the product exceeds the applicable VOM standard, it must be labeled with the term “ACP” or “ACP product.” Prop. at 43 (proposed Section 223.265(a)(3)), Statement at 23. Fourth, “[i]f the product is classified as a special purpose spray adhesive, the applicable substrate and/or application or an abbreviation o f the substrate and/or application that qualifies the product as special purpose shall be displayed.” Prop. at 43 (proposed Section 223.265(a)(4)), Statement at 23. Fifth, if a manufacturer or responsible party uses an abbreviation as allowed by this sec tion, then an explanation of that abbreviation must be filed with the Agency before the abbreviation is used. Prop. at 43 (proposed Section 223.265(a)(5)), Statement at 23.

In addition, the Board proposes language regarding the location of this required information on the container of the product. Prop. at 44 (proposed Section 223.265(b)), Statement at 23. Finally, the Board also proposes language forbidding any person from removing, altering, concealing, or defacing the information required in Section 223.265(a) before the final sale of the product. Prop. at 44 (proposed Section 223.265(c)), Statement at 23.

Reporting Requirements (Section 223.270)

The Board proposes responsible parties must submit specified information to the Agency within 30 days of a request. Prop. at 44 (proposed Section 223.270(a)), Statement at 23. In its

second errata sheet, responding to concerns voiced by members of the public, the Agency proposed to clarify that this information is due to the Agency within 90 days of a r equest. Errata

2 at 5

- 6 (§8); see Yost Test. at 7

- 8, Tr.1 at 13

- 16, 35.

The specified information first includes “[t]he name, address, and telephone number of the responsible party and name and telephone number of the party’s designated contact person.” Prop. at 44 (proposed Section 223.270(a)(1)), Statement at 23. Second, for each product subject to VOM content standards at the proposed Section 223.205(a), the information includes the product brand name, product label, product category, applicable pro duct form(s) listed separately, and identification of the product as a household product, institutional product, or both. Prop. at 44 (proposed Section 223.270(a)(2)(A

- E)), Statement at 23

- 24. Third, the responsible party must submit “[s]eparate Illinois sales in pounds per year, to the nearest pound, and the method used to calculate Illinois sales for each product form.” Prop. at 44 (proposed Section 223.270(a)(3)), Statement at 24.

Fourth, regarding information submitted by multiple companies, the re sponsible party

must submit “an iden tification of each company that is submitting relevant data separate from that submitted by the responsible party. All information from each company shall be submitted by the date requested by the Agency.” Prop. at 44 ( proposed Section 223.270(a)(4)), Statement at 24. Fifth, for each product brand name and form, the required information includes the net percent by weight of the total product, less container and packaging and rounded to the nearest26

one

- tenth of a percent , of the following: total section 223.205(a) compounds; total LVP

- VOMs that are not fragrances; total all other carbon

- containing compounds that are not fragrances; total

all non

- carbon

- containing compounds; total fragrance; for products containing greate r than two percent by weight fragrance, both the percentage of fragrance that are LVP

- VOMs and the percent of fragrance that are all other carbon

- containing compounds; and total parachlorobenzene. Prop. at 44

- 45 (proposed Section 223.270(a)(5)(A

- G)), Stat ement at 24.

Sixth, the required information also includes, for each product brand name and form, “the identity, including the specific chemical names and associated Chemical Abstract Service (CAS) number” of each Section 223.205(a) compound and each LVP

- VOM that is not a fragrance. Prop. at 45 (proposed Section 223.270(a)(6)), Statement at 24. Seventh, the responsible party must also submit, if a product includes a propellant, both “[t]he weight percent comprised of propellant for each product; and [a] n identification of the type of propellant, such as Type A, Type B, or Type C, or a blend of the different types.” Prop. at 45 (proposed Section 223.270(a)(7)), Statement at 24.

The Board also proposes a subsection (b) providing that, in addition to the requirements of the proposed subsection (a)(6), “the responsible party shall report or arrange to have reported to the Agency, upon request, the net percent by weight of eac h ozone

- depleting compound that is: “[l]isted in Section 223.210(a) [Products Cont aining Ozone

- Depleting Compounds]; and
[ c ] ontained in a product subject to reporting under subsection (a) in any amount greater than 0.1% by weight.” Prop. at 45 (proposed Section 223.270(b)), Statement at 25. In its first errata sheet, the Agency clarif ied that this information on ozone

- depleting compounds has only to be submitted to the Agency upon request. Errata 1 at 1 (§1). The Agency stated that “[i]t was not intended that companies should be required to provide this information without a request from

the Illinois EPA.” Id

.

Finally, the Board proposes language requiring that, “[i]n addition, all manufacturers

must submit to the Agency, upon request, the information requested in subsection s (a) and (b) above upon commencement of the selling of ea ch such product in Illinois.” Prop. at 45 (proposed Section 223.270(c)), Statement at 25. In its first errata sheet, the Agency clarified

that this information needs to be submitted to the Agency only upon request. Errata 1 at 1

- 2 (§2). The Agency stat ed that “[i]t was not the intention of the Illinois EPA to require every manufacturer to submit information every time they sell a new product in Illinois.” Id

.

Special Reporting Requirements for Consumer Products that Contain Perchloroethylene or Methyl ene Chloride (Section 223.275)

The Board proposes to add a new section establishing special recordkeeping requirements. The Agency offer ed language stating that this provision applies to all responsible parties for consumer products that are subject to Section 223.205(a) [Standards] and contain perchloroethylene or methylene chloride and Energized Electrical Cleaners as defined in Section 223.203 that contain perchloroethylene or methylene chloride. Prop. at 46 (proposed Section 223.275(a)), Statement a t 25. The proposal also states that “[f]or the purposes of this Section, a product ‘contains perchloroethylene or methylene chloride’ if the product contains 1.0 percent or27

more by weight (exclusive of the contained or packaging) of either perchloroethyle ne or methylene chloride.” Prop. at 46, Statement at 25.

The Board proposes to require that, for each consumer product that contains perchloroethylene or methylene chloride, the responsible party must report to the Agency the following information for p roducts sold in Illinois: product brand name and label with legible use instructions; product category; applicable product form(s) (listed separately); for each listed product form, total sales in Illinois during the calendar year to the nearest pound, ex clusive of the container or packaging, and the method used to calculate Illinois sales; and the weight percent of perchloroethylene and methylene chloride in the consumer product, to the nearest 0.10 percent. Prop. at 46 (proposed Section 223.275(b)), Sta tement at 25

- 26. In its second errata sheet, responding to concerns voiced by members of the public, the Agency proposed to clarify that this information is due to the Agency within 90 days of a request. Errata 2 at 6 (§9); see Tr.1 at 16

- 18.

Calculatin g Illinois Sales (section 223.280)

The Board proposes to add a section providing in its entirety that, “[i]f direct sales data for Illinois are not available, sales may be estimated by prorating national or regional sales data by population.” Prop. at 4 6 (proposed new Section 223.280), Statement at 26.

Test Methods (Section 223.285)

In this proposed new section, the Board first seeks to provide that “[t]esting to determine compliance with the requirements of this Subpart [B] shall be performed using C ARB Method 310, Determination of Volatile Organic Materials (VOM) in Consumer Products, which is incorporated by reference in Section 223.120.” Prop. at 46 (proposed Section 223.285(a), Statement at 26; see Prop., Att. B(l) (Method 310 last amended May 5, 2005). The Board also proposes that compliance may be demonstrated through calculation of the VOM content from records of the amounts of constituents used to make the product, if the demonstration is made according to specified criteria. Prop. at 46

- 47 (proposed Section 223.285(b)(1

- 5)), Statement at

26.

The Board also proposes language providing that “[t]esting to determine whether a product is a liquid or solid shall be performed using ASTM D4359

- 90, which is incorporated by

reference at Section 223. 120, or an equivalent method approved by the CARB.” Prop. at 47 (proposed Section 223.285(c)); see Prop., Att. B(f)(9) (ASTM D4359

- 90 reapproved 2006). In

its second errata sheet, the Agency proposed “to correct the citation to the ASTM and reconcile

it with the newer version which was incorporated by reference. Errata 2 at 6 (§10); see Tr.1 at 32; see also Errata 3 at 9 (§7) (same proposed correction).

The Board also proposes that “[t]esting to determine compliance with the certification requirements for charcoal lighter material shall be performed using the procedures specified in the SCAQMD Test Protocol Rule 1174

, Ignition Method Compliance Certification Protocol, which is incorporated by reference in Section 223.120.” Prop. at 47 (proposed Sectio n 223.285(d)); see Prop., Att. B(m) (Rule 1174).28

In addition, the Agency originally proposed that “[t]esting to determine distillation points of petroleum distillate

- based charcoal lighter materials shal l be performed using ASTM D86

- 07b, which is incorpo rated by reference in Section 223.120, or an equivalent method approved by the CARB.” Prop. at 47 (proposed Section 223.285(e)). In its third errata sheet, the Agency proposed “to correct the citation to the ASTM [86

- 07b, 2007] and reconcile it with the newer version which was incorporated by reference.” Errata 3 at 9 (§7); see Tr. 2 at 56

- 57. Above, the Board noted that the Agency in its third errata sheet proposed to add to the materials incorporated by reference ASTM D86

- 07b, approved 2007. Errata 3 at 3

- 4; see supra at 7.

Subpart C: Architectural and Industrial Maintenance Coatings

USEPA regulates AIM coatings through rules codified at 40 C.F.R Part 59, Subpart D. TSD at 39 (noting authority under Section 183(e) of the Clean Air Act). “Emissio ns of VOM from this source category occur when the solvent carrying coating material evaporates and leaves the coating material on the surface during application and drying.” TSD at 34, Statement at 7.

“The current federal rule is estimated to reduce VOM emissions from AIM coatings by approximately 20% from uncontrolled levels.” TSD at 39. The Agency proposed to separate this source category into 49 coating categories, each with a specific VOM content limit. TSD at

35

- 37 (Table 3.2.1 AIM Coating Catego ries and VOM Limits), Statement at 7

- 8, Prop. at 56

- 59 (proposed Section 223.310).

For the purposes of the Agency’s proposal, an AIM coating “is a coating to be applied to stationary structures or the appurtenances at the site of installation, to portabl e buildings at the site of installation, to pavements, or to curbs.” TSD at 34 (Description and Sources of Emissions), Statement at 7. Also for purposes of the proposal, “[c]oatings applied in shop applications or to non

- stationary structures such as air planes, ships, boats, railcars, and automobiles, and adhesives are not considered “Architectural Coatings.” TSD at 34, Statement at 7. The Agency state d that “AIM coatings are used to protect and beautify homes, office buildings, factories, pavements, cu rbs and on a variety of surfaces inside and outside of such

structures such as metal, wood, plastic, concrete, and wallboard. AIM coatings are applied by brush, roller, or spray gun, and are applied by consumers, contractors, or maintenance staff.”

TSD a t 34, Statement at 7.

The Agency state d that it prepared a comprehensive inventory of VOM emissions

attributable to AIM coatings both statewide and in the NAAs. TSD at 38, citing Prop., Att. A(2) (Illinois Periodic Emission Inventory and Milestone Demon stration for 2002, November 2004);

see Prop., Att. A(15) (Illinois Base Year Ozone Inventory for 2002 (June 2006)). These data show that, “[i]n Illinois, AIM coatings emissions account for approximately 4.30% of the total anthropogenic VOM emissions durin g the ozone season, and approximately 3.97% of all anthropogenic VOM emissions in Illinois for the entire year. TSD at 34, citing Prop., Atts. A(2), A(15); Statement at 8. In the Metro East/St. Louis NAA, AIM c oatings account for approximately 4.28% of t otal anthropogenic VOM emissions during the ozone season and approximately 3.20% of those emissions for the entire year. TSD at 34

- 35, 38, Statement at 8. In the Chicago NAA, AIM coatings account for approximately 8.01% of total anthropogenic

VOM emissio ns during the ozone season and approximately 6.26% of those emissions for the29

entire year. TSD at 34

- 35, 38, Statement at 8. AIM coatings are estimated to emit 71.10 tons of VOM per day in Illinois during the ozone season and to emit 58.14 tons per day o ver the entire year. TSD at 38 (Table 3.2.2).

The Agency state d that “[t]he most effective approach for reducing emissions of VOM from AIM coatings is reformulation of the coatings themselves.” TSD at 39. The Agency

indicated that this reformulation c ould involve “using water based formulations, using formulations employing acetone or other exempt solvents, or increasing the coating material content of the coating.” Id

.

The Agency estimate d that adoption of its proposed rule “would result in a reduc tion of VOM emissions of 21% beyond the current federal regulation.” Statement at 8 (citing MACTEC figures), TSD at 45. “Adoption of the proposed regulation will account for the reduction of 12.21 tons of VOM per day or 4,456 tons of VOM annually.” Stat ement at 8, TSD at 45, citing Prop., Att. A(3). This represents “a reduction of nearly 1% of the total anthropogenic VOM

emissions in the State.” TSD at 45.

At the second hearing, the Board heard testimony from Mr. Dave Carey of W.R. Meadows, Inc., a m anufacturer of products used in commercial construction, including architectural coatings and waterproofing membranes. Tr.2 at 48. Mr. Carey stated that, with different requirements in effect in various parts of the country, “there are significant costs associated with reformulating products, retrofitting and changing equipment, and one of the things that hurts us as a company is inconsistency from one region of the country to the next.”

Id . at 48

- 49. Mr. Carey noted that there are two factors leading h is industry to reduce VOC content in its products. First, he stated that the cost of some solvents have increased by 100

percent. Id . at 49

- 50. Second, he indicated that builders increasingly seek environmentally friendly products. Id . at 50. Mr. Care y concluded by asking the Agency to consider waiting for a federal rule, “especially if it’s going to be more restrictive than the Illinois rule and it would preempt the Illinois rule,” which would simplify the transition for industry. Id . at 49

- 50.

Purp ose (Section 223.300)

The Board proposes to add a section providing in its entirety that “[t]he purpose of this Subpart [C] is to limit emissions of VOMs by requiring reductions in the VOM content of architectural and industrial maintenance coatings and required work practices to minimize VOM emissions in the application of architectural and industrial maintenance coatings to surfaces.” Prop. at 48 (proposed new Section 223.300), Statement 26.

Applicability (Section 223.305)

The Board proposes to add a section providing that “[t]his Subpart [C] is applicable to any person who supplies, sells, offers for sale, or manufacture any architectural coating for use

within the S tate of Illinois, as well as any person who applies or solicits the application of a ny architectural coating within Illinois.” Prop. at 48 (proposed Section 223.305), Statement at 26

- 27. The Board also proposes language providing that Subpart C does not apply to three specific categories of coating products: architectural coatings sold or manufactured for use outside of30

Illinois “or for shipment to other manufacturers for reformulation or repackaging;” aerosol coating products; and architectural coatings sold in a container with a volume of one liter or less. Prop. at 48 (proposed Sect ions 223.305(a

- c)), Statement at 27.

Definitions for Subpart C (Section 223.307)

The Board proposes to add a section defining terms applicable to Subpart C. Prop. at 48

- 56 (proposed Section 223.307), Statement at 27. The Board also proposes to include language providing that, “[u]nless otherwise defined in this Section , the definitions of terms used in this Subpart [C] shall have the meanings specified for those terms in 35 Ill. Adm. Code 211.” Prop. at 48, Statement at 27; see 35 Ill. Adm. Code 211 ( definitions and general provisions applicable to emission standards and limitations for stationary sources).

In its second errata sheet, the Agency proposed technical changes. Errata 2 at 6

- 7. Among them, the Agency in five definitions changed the term “Part” to “Subpart” to clarify the applicability of those definitions. Errata 2 at 6

- 7 (§12). The Agency also clarified that two ASTM methods included in the definition of “nuclear coating” are incorporated by reference. Id

. at 7 (§13); see Prop. at 3

- 6 (proposed new Section 223.120).

In a written public comment, NPCA stated that it had responded to the Agency’s draft rulemaking proposal by requesting that the Agency “include additional definitions and limits for specific specialty coatings” in order to be consistent with sources including the OTC model rule. PC 2 at 1. NPCA indicated that, although IEPA made suggested changes, it inadvertently had

not added a definition of and limits applicable to “concrete surface retarder.” Id . NPCA requested th at this language be added to various sections of Subpart C of the Agency’s proposal.

Id .; see Tr.2 at 42

- 43. Also, at the second hearing, the hearing officer noted that the definition of “nuclear coating” refers to two ASTM methods, different versions of which appeared to be incorporated by reference in Section 223.120 of the Agency’s proposal. Tr.2 at 57.

In its third errata sheet, the Agency proposed changes addressing these issues. First, the Agency proposed to correct references to three ASTM metho ds “to clarify the definitions of

certain words.” Errata 3 at 9 (§8); see Prop., Att. B(f)(8) (ASTM E84

- 07, Standard Test Method for Surface Burning Characteristics of Building Materials, approved 2007), Prop., Att. B(f)(5) (ASTM Method D4082

- 02, Standard Test Method for Effects of Gamma Radiation on Coatings for Use in Light

- Water Nuclear Power Plants, approved 2002), Prop., Att. B(f)(4) (ASTM

Method D3912

- 95, Standard Test Method for Chemical Resistance of Coatings Used in Light

Water Nuclear Power Plant s, reapproved 2001). Also in the third errata sheet, the Agency proposed to add definitions of the terms “colorant” and “lacquer” and, as requested by NPCA,

the term “concrete surface retarder.” Errata 3 at 10 (§9); see PC 2 at 1.

Standards (Section 223 .310)

The Board proposes to add a section stating that, except as provided in subsection (c) regarding most restrictive VOM limits, “no person shall manufacture, blend, or repackage for sale in Illinois, or solicit for application or apply within Illinoi s, any architectural coating

manufactured on or after Jul y 1, 2009 that contains a VOM content in excess” of specified limits.31

Prop. at 56

- 59 (proposed Section 223.310(a)), Statement at 27, TSD at 35

- 37 (Table 3.2.1 AIM Coating Categories and VOM Limits). In a public comment filed January 22, 2008, NPCA suggested that Agency amend the VOM content of 450 grams per liter for nuclear coatings in order to be consistent with sources including the OTC model rule. PC 1 at 2; see Tr.2 at 42

- 43.

In its first err ata sheet, the Agency proposed to correct the listed VOM content limit for nuclear coatings to reflect an amended OTC model rule. Errata 1 at 2 (§3). In a public comment filed May 19, 2008, NPCA requested that, in addition to adding a definition of “conc rete surface retarder,” the Agency also amend its proposal to include a VOM content limit for that category of 780 grams per liter. PC 2 at 1. In its third errata sheet, the Agency proposed to add this limit.

Errata 3 at 10 (§10).

The proposal expresse s VOM content limits in terms of both grams per liter and pounds per gallon. Prop. at 56. The proposed subsection includes a Board Note stating that one pound of VOM per U.S. gallon is equal to 119.95 grams per liter. Id . at 59. The proposal also state s that “[l]imits are expressed in grams of VOM per liter of coating thinned to the manufacturer’s maximum recommendation, excluding the volume of any water, exempt compounds, or colorant

added to tint bases. ‘Manufacturers maximum recommendation’ means th e maximum recommendation for thinning that is indicated on the label or lid of the coating container.” Prop. at 59 (proposed Section 223.310(b).

The Board also proposes that,

[i]f anywhere on the container of any architectural coating, or any label or s ticker affixed to the container, or in any sales, advertising, or technical literature supplied by a ma nufacturer or anyone acting on the manufacturer’s behalf, any representation is made that indicates that the coating meets the definition of or is

recomm ended for use for more than one of th e coating categories listed in

subs ection (a), then the most restrictive VOM content limit shall apply. Prop. at 59 (proposed Section 223.310(c)), Statement at 28.

The Board also provide s that this “Most Restrictive V OM Limit” provision does not apply to 2 1 specified categories of coatings. Prop. at 59

- 60, Statement at 28. In its public comment filed May 19, 2008, NPCA requested that the category of concrete surface retarder be added to the list of categories exempt from this provision. PC 2 at 1. In its third errata sheet, the Agency proposed to add concrete surface retarded as the 21st exempt category. Errata 3 at 10 (§11).

The Board proposes a number of additional subsections pertaining to VOM content

limits. The proposal provides that architectural coating containers such as drums, buckets, cans, pails, and trays used to apply their contents “directly from the container by pouring, siphoning, brushing, rolling, padding, ragging, or other means shall be closed when not in use.” Prop. at 60 (proposed Section 223.310(d)), Statement at 27. The Board also propose s language providing that “[n]o person who applies or solicits the application of any architectural coating shall apply a coating that is thinned to exce ed the applicable VOM limit specified in subsection (a).” Prop. at 60 (proposed Section 223.310(e)), Statement at 27. The Board also proposes to address rust preventive coatings by providing that no person shall apply them or solicit their application “ f or industrial use unless the rust preventive coating complies with the industrial maintenance coating32

VOM limit specified in subsection (a).” Prop. at 60 (proposed Section 223.310(f)), Statement at 27. If another Subpart also regulates that coating, then the more restrictive limit applies. Prop.

at 60. The Board also offers a provision for determining the VOM content limit of a coating that does not meet any of the definitions for the special coatings categories listed in Section 223.310(a). Prop. at 6 0

- 61 (proposed Section 223.310(g)), Statement at 27.

Container Labeling Requirements (Section 223.320)

The Board proposes to add a section requiring that each manufacturer of architectural coatings subject to Subpart C must include specified inform ation “on the coating container in which the coating is sold or distributed (or on its label). ” Prop. at 61 (proposed Section 223.320), Statement at 28. First, the label, lid, or bottom of the coating container must include the date the coating was manufactur ed or a code representing that date. Prop. at 61 (proposed Section 223.320(a)), Statement at 28. This provision requires that, “[i ]f the manufacturer uses a

date

- code for any coating, the manufacturer shall file an explanation of each code with the Agenc y upon request .” Prop. at 61. In its second errata sheet, the Agency proposed to clarify that manufacturers only have to submit explanations of date codes to the Agency upon request.

Errata 2 at 7 (§15). “It was not intended that companies should be re quired to provide this information without a request from the Illinois EPA.” Id

.

Second, the proposal requires that the label or lid of the container include “[a] statement of the manufacturer’s recommendation regarding thinning of the coating.” Prop. at 61 (proposed Section 223.320(b)), Statement 28. The Board proposes that “[t]his requirement does not apply to the thinning of architectural coatings with water. If thinning of the coating prior to use is not necessary, the recommendation must specify that the coating is to be applied without thinning.” Prop. at 61.

Third, the Board proposes that “[e]ach container of any coating subject to this Subpart shall display either the maximum or the actual VOM content of the coating, as supplied, or the

actu al VOM content including the maximum thinning as recommended by the manufacturer.” Prop. at 61 (proposed Section 223.320(c)), Statement at 28. The Board proposes that “VOM content displayed shall be calculated using product formulation data, or shall be determine d using the test methods in S ection 223.340(b).” Prop. at 61; see Prop. at 65 (proposed Section 223.340(b) determining physical properties of a coating). The Board further proposes that “ [t]he equations in S ection 223.340(a) shall be used to cal culate VOM content.” Prop. at 61; see Prop.

at 64

- 65 (proposed Section 223.340(a) providing calculation of VOM content). The proposal requires displaying VOM content in grams of VOM per liter of coating. Prop. at 61. In its public comment filed January 22, 2008, NPCA acknowledged that the Agency had clarified th at

“ VOC Content” and “VOM content” had the same meaning. PC 1 at 2. Based on the possibility of confusion over the two terms, NPCA requested that the Agency clarify that either “VOM

Content” or “VOC Content” may be displayed. Id .; see Tr. 1 at 22

- 24. In its second errata sheet, the Agency proposed language repeating and clarifying that the two terms have the same meaning. Errata 2 at 8 (§16).

Fourth, in addition to the preceding requirement s, the Board proposes to require that manufacturers of industrial maintenance coatings must display on the coating’s container one or33

more specific descriptions: “[f]or industrial use only,” “[f]or professional use only,” and “[n]ot

for residential use” o r “[n]ot intended for residential use.” Prop. at 61 (proposed Section 223.320(d)(1

- 3)), Statement at 28. Fifth, the proposal require s that “[t]he labels of all clear brushing lacquers shall prominently display the statements ‘For brush application only’ and ‘This product must not be thinned or sprayed.’” Prop. at 61 (proposed Section 223.320(e)), Statement at 28. Sixth, addressing rust preventive coatings, the Board proposes to require that their labels “shall prominently display the statement ‘For Meta l Substrates Only.’” Prop. at 62 (proposed Section 223.320(f)), Statement at 28

- 29.

Seventh, regarding specialty primers, sealers, and undercoaters, the Board require s that their labels display one or more specific descriptions: “[f]or blocking stains, ” “[f]or fire

damaged substrates,” “[f]or smoke

- damaged substrates,” “[f]or water

- damaged substrates,” or “[f]or excessively chalky substrates.” Prop. at 62 (proposed Section 223.320 (g)(1

- 5)), Statement at 29. Eighth, the Board proposes that “[t]he labe ls of all quick dry enamels shall prominently display the words ‘Quick Dry’ and the dry hard time.” Prop. at 62 (proposed Section 223.320(h)) , Statement at 29. Ninth, the Board also proposes that “[t]he labels of all

non

- flat high

- gloss coatings shall pr ominently display the words ‘High Gloss.’” Prop. at 62 (proposed Section 223.320(i)), Statement at 29. Tenth, the Board seeks to require that, “[e]ffective Janu ary 1, 2010, the labels of all stone c onsolidants shall prominently display the

statement ‘Sto ne Consolidant

– For Professional Use Only.’” Prop. at 62 (proposed Section 223.320(j)), Statement at 29.

Recordkeeping and Reporting Requirements (Section 223.330)

The Board proposes to add a section prescribing recordkeeping and reporting requirement s for six specific categories of coatings. Prop. at 62

- 64 (proposed Section 223.330), Statement at 29. First, the proposal requires manufacturers of clear brush lacquers, at the request of the Agency, to report “[t]he number of gallons of clea r brushing lacquer sold in the S tate during the preceding calendar year; and [t]he method used by the manufacturer to calculate S tate sales.” Prop. at 62 (proposed Section 223.330(a)(1

- 2)), Statement at 29. Second, the proposal requires manufacturers of rust preven tive coatings, at the request of the Agency, to report “[t]he number of gallons of rust preventive coatings sold in the S tate during the preceding calendar year; and [t]he method used by the manufacturer to calculate S tate sales.” Prop. at 62

- 63 (proposed Section 223.330(b)(1

- 2)), Statement at 29. Third, the proposal also requires manufacturers of specialty primers, sealers, and undercoaters, at the request of the Agency, to report “[t]he number of gallons of specialty primers, sealers, and undercoaters s old in the S tate during the preceding calendar year; and [t]he method used by the manufacturer to calculate S tate sales.” Prop. at 63 (proposed Section 223.330(c)(1

- 2)), Statement at 29.

Fourth, the proposal requires manufacturers of architectural coati ngs that contain perchloroethylene or methylene chloride to report the following information at the request of the Agency: “[t]he product name and a cop y of the product label with legible usage instructions,” “[t]he product category listed in Section 223. 3 10(a) to which the coating belongs,” “[t]he total

sales in Illinois

, during the calendar year

, to the nearest gallon,” and “[t] he volume percent, to the nearest 0.10 percent, of perchloroethylene and methylene chloride in the coating.” Prop. at 63 (propo sed Section 223.330(d)(1

- 4)), Statement at 29

- 30.34

Fifth, the Board also proposes requirements for manufacturers of recycled coatings.

Those manufacturers , upon request of the Agency, “must submit a letter to the Agency self

certifying their status as a Recycled Paint Manufac turer .” Prop. at 63 (proposed Section 223.330(e)(1)), Statement at 30. The proposal also requires recycled coatings manufacturers, at the request of the Agency, to report “[t]he number of gallons of recycled coatings sold in the

S ta te during the preceding calendar year; and [t]he method used by the manufacturer to calculate

S tate sales.” Prop. at 63 (proposed Section 223.330(e)(2)(A

- B)), Statement at 30. Sixth, the

propo sal requires manufacturers of “bituminous roof coatings” or “b ituminous roof p rimers” to report, at the request of the Agency , “[t]he number of gallons of “bituminous r oof coatings” or

“b ituminous r oof p rimers” sold in the S tate during the preceding calendar year; and [t]he method used by the manufacturer to calculat e S tate sales.” Prop. at 64 (proposed Section 223.330(f)(1

- 2)), Statement at 30.

In its original proposal, the Agency sought to require that the affected manufacturers report the specified information “upon request of the Agency, within 30 days written notice.” Prop. at 62

- 64 (proposed Section 223.330). In its public comment filed January 22, 2008, NPCA expressed concern that these proposed reporting requirements are burdensome, “especially the requirements that reports would need to be provided within 30 days of written notice.” PC 1 at 1. NPCA claimed that these requirements originated with a 2000 CARB Suggested Control Measure (SCM) and that CARB deleted them from a subsequent SCM on the basis that “this information was no longer needed.” Id . In its second errata sheet, the Agency noted that the 30

- day requirement generated public concern and clarified “that companies have 90 days, not 30, to submit the pertinent information to the Illinois EPA.” Errata 2 at 8

- 9 (§17).

Compliance Provisions and Test Methods (Section 223.340)

The Board proposes to add a section providing procedures for determining the VOM content of a coating in order to determine compliance with the VOM content limits at Section 223.310(a). Prop. at 64

- 65 (proposed Section 223 .340(a)(1

- 2)), Statement at 30. With the exception of low solids coating, the equation at Section 223.340(a)(1) determines “the VOM content in grams of VOM per liter of coating thinned to the manufacturer’s maximum recommendation, excluding the volume of any water and exempt compounds.” Prop. at 64, Statement at 31. For low solids coatings, the equation at Section 223.340(a)(2) determines “the VOM content in units of grams of VOM per liter of coating thinned to the manufacturer’s maximum recommendation, excluding the volume of any water and exempt compounds.” Prop.

at 64

- 65, Statement at 31.

The Board also proposes a Section 223.340(b) providing that, “[t]o determine the physical properties of a coating in order to perform the calculations in subsectio n (a), the reference method for VOM content is USEPA Method 24, incorporated by reference in Section 223.120, except as provided in S ections 223.350 [Alternative Test Methods] and 223.360 [Methacrylate Traffic Coating Markings].” Prop. at 65, see Prop., A tt. B(c) (40 C.F.R. 60, Appendix A, Method 24, Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings (July 1, 2006)).35

The Board also proposes to provide that “[a]n alternative method to det ermine the VOM content of coatings is SCAQMD Method 304

- 91, incorporated by reference in Section 223.120.” Prop. at 65; see Prop., Att. B(g) (South Coast Air Quality Management District (SCAQMD)

Method 304

- 91, Determination of Volatile Organic Compounds i n Various Materials, revised February 1996). The Board also proposes to provide that “[t]he exempt compounds content shall be determined by SCAQMD Method 303

- 91,” which is also incorporated by reference. Prop. at 65; see Prop., Att. B(g)(2) (SCAQMD Metho d 303

- 91, Determination of Exempt Compounds, revised February 1993).

The Board proposes that, “[t]o determine the VOM content of a coating, the manufacturer may use USEPA Method 24, or an equivalent alternative method as provided in Section 223.350,

form ulation data, or any other reasonable means for predicting that the coating has been formulated as intended ( e.g

. , quality assurance checks, recordkeeping).” Prop. at 65, Statement

at 32. The Board also proposes, however, that, “if there are any inconsis tencies between the results of a Method 24 test and any other means for determining VOM content, the Method 24 results will govern, except when an equivalent alternative method is approved as specified in Section 223.350.” Prop. at 65, Statement at 32.

The Board also seeks to add language providing that “[t]he Agency may require the manufacturer to conduct a Method 24 analysis.” Prop. at 65, Statement at 32.

Alternative Test Methods (Section 223.350)

The Board proposes to add a section providing in i ts entirety that “[o]ther test methods demonstrated to provide results that are acceptable for purposes of determining compliance with

S ection 223.340(b), after review , and approval in writing by the Agency and USEPA, may also be used.” Prop. at 65 (propo sed Section 223.350), Statement at 32.

Methacrylate Traffic Coating Markings (Section 223.360)

The Board proposes to add a section providing that “[a]nalysis of methacrylate multi

component coatings used as traffic marking coatings shall be conducted ac cording to a modification of USEPA Method 24 . . . or an equivalent method approved by the CARB.” Prop. at 65 (proposed Section 223.360), Statement at 32. The proposed language also provides that “[t]his method has not been approved for methacrylate mult i

- component coatings used for purposes other than as traffic marking coatings or for other classes of multi

- component coatings.” Prop. at 65, Statement at 32

- 33.

Test Methods (Section 223.370)

The Board proposes to add a section listing test methods in corporated by reference and states that they “shall be used to test coatings subject to the provisions of this Subpart [C]. Prop.

at 65

- 67 (proposed Section 223.370(a

- m)), Statement at 33.

In subsection (a), the proposal states that “[t]he flame spread index of a fire

- retardant coating shall be determined by ASTM E84

- 07, Standard Test Method for Surface Burning36

Characteristics of Building Materials (see Section 223.307, Fire Resistive Coating) or an equivalent method approved by the CARB.” Prop. at 66 ( proposed Section 223.370(a)); see Prop., Att. B(f)(8) (ASTM E84

- 07 Standard Test Method for Surface Burning Characteristics of Building Materials, approved 2007). In its third errata sheet, the Agency proposed to amend this provision to refer to Method E8 4

- 07, making it consistent with the method incorporated by

reference in Section 223.120. Errata 3 at 10 (§12).

In subsection (b), the proposal states that “[t]he fire

- resistance rating of a fire

- resistive coating shall be determined by ASTM E 119

- 05a, St andard Test Methods for Fire Tests of

B uilding Construction Materials (see Section 223.307, Fire

- Resistive Coating) or an equivalent method approved by the CARB.” Prop. at 66 (proposed Section 223.370(b)); see Prop., Att. B(f)(1) (ASTM E119

- 05a, Standard Test Methods for Fire Tests of Building Construction and Materials).

In subsection (c), the proposal states that “[t]he gloss of a coating shall be determined by

ASTM D 523

- 89 (1999) Standard Test Method for Specular Gloss (see Sect ion 223.307, Flat

Coat ing, Non

- F lat Coating, Non

- F lat

– High

- Glass Coating, and Quick Dry Enamel) or an equivalent method approved by the CARB.” Prop. at 66 (proposed Section 223.370(c)); see Prop., Att. B(f)(2) (ASTM D 523

- 89, Standard Test Method for Specular Gloss (Reapprov ed 1999).

In subsection (d), the proposal states that “[t]he metallic content of a coating shall be

deter mined by SCAQMD Method 318

- 95, Determination of Weight Percent Elemental Metal in

Coatin g by X

- Ray Diffraction, SCAQMD Laboratory Methods for A nalysi s of Enforcement Samples (see Section 223.207, Metallic Pigmented Coating).” Prop. at 66 (proposed Section 223.370(d)); see Prop., Att. B(i) (SCAQMD Method 318

- 95, Determination of Weight Percent Elemental Metal in Coating by X

- Ray Diffraction, approved A ugust 10, 1998).

In subsection (e), the proposal states that “[t]he acid content of a coating shall be determined by ASTM D1613

- 03 , Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer and Relat ed Products (see Section 223.307, Pre

- Treatment Wash Primer) or an equivalent method approved by the CARB.” Prop. at 66 (proposed Section 223.370(e)); see Prop., Att. B(f)(7) (ASTM Designation D 1613

- 03, ‘Standard Test Method for Acidity in Volatile Solve nts and Chemical Intermediates Used in Paint, Varnish, Lacquer and Related Products). At the second hearing, the hearing officer noted that this subsection and Section 223.120 appeared to refer to different editions of this test

method. Tr.2 at 58

- 59. I n it third errata sheet, the Agency proposed to amend this subsection to

refer to ASTM D1613

- 03. Errata 3 at 10

- 11 (§12).

In subsection (f), the proposal states that

[t]he set

- to

- touch, dry

- hard, dry

- to

- touch, and dry

- to

- recoat times of a coating

shall be determined by ASTM D 1640

- 03, Standard Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature (see Section 223.307, Quick

- Dry Enamel and Quick

- Dry Primer, Sealer, and Undercoater). The tack free time of a quick

- dry enamel coating shall be determined by the37

Mechanical Test Method of ASTM D 1640

- 03 or an equivalent method approved by the CARB. Prop. at 66 (proposed Section 223.370(f)); see Prop., Att. B(f)(3) (ASTM Designation D1640

- 03, Standard Methods for Drying, Curing, o r Film Formation of Organic Coatings at Room Temperature, approved December 1, 2003).

At the second hearing, the hearing officer noted that this subsection and specific definitions appeared to refer to different editions of this test method. Tr.2 at 59. In it third errata sheet, the Agency proposed to amend this subsection to refer to ASTM D1640

- 03. Errata 3 at 11 (§12).

In subsection (g), the proposal states that “[t]he chalkiness of a surface shall be determined using ASTM D4214

- 98 Standard Test Met hods for Evaluating the Degree of Chalking of Exterior Paint Films (see Section 223.307, Specialty Primer, Sealer, and Undercoater) or an equivalent method approved by the CARB.” Prop. at 66 (proposed Section 223.370(g)); see Prop., Att. B (ASTM Designati on D 4214

- 98, Standard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films).

In subsection (h), the proposal states that

[e]xempt compounds that are cyclic, branched, or linear, completely methylated siloxanes shall be analyzed as exempt compounds for compliance with Sectio n 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 subsec tion 223.340(b)). Prop. at 66

- 67 (proposed Section 223.370(h)); see Prop., Att. B(j) (Bay Area Air Quality Management District (BAAQMD) Method 43, Determination of Volatile Methylsiloxanes in Solvent

- Based Coatings, Inks, and Related Materials, amended Ma y 18, 2005).

At the second hearing, the hearing officer noted that the proposed subsection refers to a definition of “volatile organic material” in a section in which it is not defined. Tr.2 at 59. In its

third errata sheet, the Agency proposed to amend the reference to a definition of “VOM

content.” Errata 3 at 11 (§12).

In subsection (i), the proposal states that

“[t]he exempt compound parachlorobenzotrifluoride shall be analyzed as an exempt compound for compliance with Section 2 23.400 by BAAQMD M ethod 41, Determination of Volatile Organic Compounds in Solvent

- Based Coatings and Related Materials Containing Parachlorobenzotrifluoride, BAAQMD Ma nual of Procedures, Volume III (see Section 223.307 VOM content , and S ection 223.340(b)). Prop. at 67 (pr oposed Section 223.370(i)); see Prop., Att. B(k) (BAAQMD Method 41, Determination of Volatile Organic Compounds in

Solvent

- Based Coatings and Related Materials Containing Parachlorobenzotrifluoride, amended May 18, 2005).38

In the third errata sheet, the Ag ency proposed to amend a reference to a nonexistent definition of “Volatile Organic Material” to a reference to a definition of “VOM content.” Id

.

In subsection (j), the proposal states that “[t]he content of compounds exempt under

USEPA Method 24 shall be analyzed by SCAQMD Method 303

- 91

, Det ermination of Exempt Compounds, SCAQMD Laboratory Methods of Analysis for Enforcement Samples, (see Section

223.307 VOM content , and S ection 223.340(b).” Prop. at 67 (proposed Section 223.370(j); see Prop., Att. B( h) SCAQMD Method 303

- 91, Determination of Exempt Compounds, revised February 1993).

In subsection (k), the proposal states that “[t]he VOM content of a coating shall be determined by USEPA Method 24 as it exists in Appendix A of 40 CFR 60, Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Wei ght Solids of Surface Coating, (see S ection 223.340(b)) or an equivalent method approved by the CARB.” Prop. at 67 (proposed Section 223.370(k); see Prop., Att.B(c) (40 C.F.R. 60, A ppendix A, Method 24, Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings (July 1, 2006)).

In subsection (l), the proposal states that “[t]he VOM content of coatings may be analyzed by ei ther 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 S ection 223.340(b)). Prop. at 67 (proposed Section 223.370(l);

see Pro p., Att. B(c) (Method 24), B(g) (Method 304

- 91).

In subsection (m), the proposal states that

[t]he VOM content of methacrylate multicomponent coatings used as traffic marking coatings shall be analyzed by the procedures in 40 CFR 59, subpart D, appendix A, Determination of Volatile Matter Content of Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings, (see S ection 223.260)

, or an equivalent method approved by the CARB.” Prop. at 67 (proposed Section 223.370(m); see Prop., Att. B(a) (40 CFR 59, Subpart D, Appendix A, Determination of Volatile Matter Content of Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings, 64 Fed. Reg. 35001 (June 30, 1999).

TECHNICAL FEASIBILITY AND ECONOMIC REASONABLENESS

Although the Board re quested that DCEO conduct an economic impact study on this rulemaking proposal ( s ee 415 ILCS 5/27(b)(1) (2006), the Board to date has received no response to that request. At the second hearing, the Board received no testimony or comment regarding the

abs ence of any response to the request. See Tr.2 at 62

- 63. As it did in its first

- notice opinion and order, the Board finds the proposed regulations technically feasible and economically reasonable.

CONCLUSION39

The Board proposes for second notice amendme nts to its air pollution regulations

. The proposed amendments intend to reduce VOM emissions from consumer products and AIM products. With the exception of extending the implementation date to July 1, 2009, these proposed amendments are substantively unc hanged from those proposed in the Board’s first

notice opinion and order adopted October 16, 2008.

ORDER

The Board directs the Clerk to file the following proposed amendments with the Joint

Committee on Administrative Rules for second

- notice review. Pro posed additions are underlined, and proposed deletions appear stricken.

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: AIR POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS

FOR STATIONARY SOURCES

PART 223

STANDARDS AND LIMITATIONS FOR ORGANIC MATERIAL EMISSIONS FOR AREA

SOURCES

SUBPART A: GENERAL PROVISIONS

Section

223.100 Severability

223.105 Abbreviations and Acronyms

223.120 Incorporations by Reference

SUBPART B: CONSUMER AND COMMERCIAL PRODUCTS

S ection

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

223.21 0 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 Dating40

223.255 Additional Product Dating Requi rements
223.260 Most Restrictive Limit

223.265 Additional Labeling Requirements for Aerosol Adhesives, Adhesive Removers,

Electronic Cleaner s , Electrical Cleaner s , Energized Electrical Cleaner s , and

ContactAdhesives

223.270 Reporting Requirements

223.275 Special Recordkeeping Requirements for Consumer Products that Contain Perchloroethylene or Methylene Chloride

223.280 Calculating Illinois Sales

223.285 Test Methods

SUBPART C: ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS

Section

223.300 Purpose

223.305 Applicability

223.307 Definitions for Subpart C

223.310 Standards

223.320 Container Labeling Requirements

223.330 Reporting Requirements

223.340 Compliance Provisions and Test Methods

223.350 Alternative Test Methods

223.360 Methacrylate Traffic C oating 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 22 3.105 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 Agency41

ASTM American Society for Testing and Materials BAAQMD Bay Area Air Quality Management District

CARB California Air Resources Board

o C Degrees Cels ius

CFCs Chlorofluorocarbons

CO 2 Carbon Dioxide

o F Degrees Fahrenheit

FDA United States Food and Drug Administration

FIFRA Federal Insecticide, Fungicide, and Rodenticide Act, ( 7 USC 136 through 136y )

FRP Fiberglass reinforced plastic

HVOM High Volatili ty Organic Material

HCFCs Hydrochlorofluorocarbons

HFCs Hydrofluorocarbons

LVP

- VOM Low Vapor Pressure

- Volatile Organic Material

MVOM Medium Volatility Organic Material

N 2 Nitrogen

N 2 O Nitrous Oxide

OER Original Equipment Manufacturer

PCBTF Parachl orobenzotrifluoride

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 Refere nce

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 T raffic Marking Coatings, 64 Fed. Reg. 35002 (June 30, 1999).

b) 40 CFR 59, s ubpart C, National Volatile Organic Compound Emission Standards for Consumer Products, 69 Fed. Reg. 18803 (April 4, 2004).

c) 40 CFR 60, appendix A, Method 24, Determination of V olatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings, 36 Fed. Reg. 24877 (December 23, 1971).

d) 40 CFR 82, s ubpart A, a ppendix A, Class I controlled Substances, 68 Fed. Reg. 42892 (July 18, 2003) and a ppend ix B, Class II Controlled Substances, 68 Fed. Reg. 2859 (January 21, 2003).42

e) 29 CFR 1910.1200(d)(4), Hazard Communication, 61 Fed. Reg. 9245 (March 7, 1996).

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

PA 19428

- 2959.

1 ) ASTM E119

- 05a, Standard Test Methods for Fire Tests of Building Construction and Materials, approved November 1, 2005.

2) ASTM D523

- 89 (1999)

, Standard Test Method for Specular Gloss, approved May 10, 1999.

3) ASTM D1640

- 03, Standard Test Methods for Dryi ng, 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 Me thod 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, appro ved 2007.

9) ASTM D4359

- 90 (2006)

, Standard Test Method for Determining Whether a Material is a Liquid or a Solid, reapproved 2006.

10) ASTM E260

- 96 (2006)

, Standard Practice for Packed Column Gas Chromatography, reapproved 2006.

11) ASTM E2167

- 01, Stan dard 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 Petroleum43

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 Managem ent District (SCAQMD) Method 304

- 91, Determination of Volatile Organic Compounds in Various Materials, revised February 1996.

2) SCAQMD Method 303

- 91, Determination of Exempt Compounds, revised February 1993.

3) SCAQMD Method 318

- 95, Determination of Wei ght Percent Elemental Metal in Coatings by X

- Ray Diffraction, approved July 1996.

4) SCAQMD Rule 1174, Ignition Method Compliance Certification Protocol (adopted October 5, 1990).

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

CA 94109

.

1) Bay Area Air Quality Management District (BAAQMD) Method 43, Determination of Volatile Methylsiloxanes in Solvent

- Based Coatings, Inks, and Related Materials, proposed amendment February 4, 2004.

2) BAAQMD Method 41, Determina tion 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 Compound s in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products, amended May 5, 2005. California Air Resources Board, 1001 I Street, PO Box 2815, Sacramento, CA 95812.

j) SCAQMD Rule 1174, Ignition Method Compliance Certification Protoc ol (adopted October 5, 1990).

j k ) California Code of Regulations (CCR) title 17 § 94509(h), Standards for Consumer Products (2005).

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

l m ) 17 CCR , Article 4, Alternate Control Plan §§ 94540

- 94555 (1996).

m n ) 17 CCR § 94511, Innovative Products (1997).44

n o ) 17 CCR § 94503.5, Innovative Products (1996).

o p ) 7 USC 136 to 136y, FIFRA, Environmental Pesticide Control, published January 19, 2004, in Supplement III of the 2000 Edition of the Unit ed States Code.

p q ) 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 m aterials (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 manufac tures consumer products on or after January July 1, 2009, for

use in Illinois.

Section 223.203 Definitions for Subpart B

The definitions contained in this Section apply only to the provisions of this Subpart. Unless

otherwise defined in this Section , th e definitions of terms used in this Subpart shall have the meanings specified for those terms in 35 Ill. Adm. Code 211.

“Adhesive” means , for purposes of this Subpart

, any product that is used to bond one surface to another by attachment. This does not i nclude 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 p ackaging, 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 1 6 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 ad hesives 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 incl udes, but is not limited to

, caulks, sealants, glues, or similar substances used for the purpose of forming a bond.45

“Floor and Wall Covering Adhesive Remover” means a product designed or labeled to remove floor or wall coverings and associated adhesive fr om 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 adhesiv e 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. “Gen eral Purpose Adhesive Remover” includes, but is not

limited to

, the following: products that remove thermoplastic adhesives, pressure sensitive adhesives, dextrine or starchbased adhesives, casein glues, rubber or

latex

- based adhesives, and products that r emove 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 sub strates. 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 incl ude “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 equip ment. 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 “P ump 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 pesticid es in properly labeled packages or containers that are intended for home use, use in structural pest control, or industrial or institutional use. For the purposes of this definition only:

“Home Use” means use in a household or its immediate environment ;46

“Structural Pest Control ” means a use requiring a license under the Structural Pest

Control Act [ 225 ILCS 235 ];

“Industrial Use” means use for or in a manufacturing, mining, or chemical process or use in the operation of factories, processing plants, an d similar sites ; or

“Institutional Use ” means use within the lines of, or on property necessary for the operation of, buildings such as hospitals, schools, libraries, auditoriums, and office complexes.

“Air Freshener” means any consumer product includin g, 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 fun ction 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 throug h 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 compound s that contain at least one carbon atom and are not listed under Section 223.205(a) or are a “LVP

- VOM.”

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

- specific VOM standard is specified. Unless specified otherwise by the applicable VOM standard, “All Other Forms” include, but is not limited to, solids, liquids, wicks, powders, crystals, and cloth or paper wipes (towelettes).

“Alternative Control Plan ” or “ ACP” means any emissions averaging program approved by the Agency pursuant to the provisions of this Subpart

.

“Antimicrobial Hand or Body Cleaner or Soap” means a cleaner or soap which is designed to reduce the level of microorganisms on the skin through germicidal activity. This includes, but is not limited to, antimicrobial hand or body washes/cleaners, foodhandler hand washes, healthcare personnel hand washes, pre

- operative skin preparations and surgical scrubs. “Antimicrobial Hand or Body Cleaner or Soap” does not include prescription drug products, antiperspirants, “Astringen t/Toner”, deodorant, “Facial Cleaner or Soap”, “General

- use Hand or Body Cleaner or Soap”, “Hand Dishwashing Detergent” (including antimicrobial), “Heavy

- duty Hand Cleaner or Soap”, “Medicated Astringent/Medicated Toner”, or “Rubbing Alcohol”.47

“Antiperspi rant” 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

p ercent 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 Coat ing”, 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 limite d to, bathroom and kitchen fixtures, cabinets, concrete forms, doors, elevators, fences, hand railings, heating equipment, air conditioning equipment, and other fixed mechanical equipment or stationary tools, lampposts, partitions

, pipes and piping systems , rain gutters and downspouts, stairways, fixed ladders, catwalks and fire escapes, and window screens.

“Architectural Coating” means

, for purposes of this Subpart, a coating to be applied to stationary structures or the appurtenances at the site of insta llation, 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 “Arch itectural 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 c ategory also includes clarifiers and substrate

- impregnated products. This category does not include any hand, face, or body cleaner or soap product, “Medicated Astringent/Medicated Toner”, cold cream, lotion, or antiperspirant.

“Automotive Brake Cleaner” means a cleaning product designed to remove oil, grease, brake fluid, brake pad material or dirt from motor vehicle brake mechanisms.

“Automotive Hard Paste Wax” means an automotive wax or polish that is designed to protect and improve the appearance of automotive paint surfaces, and is a solid at room temperature, and contains 0% water by formulation.

“Automotive Instant Detailer” means a product designed for use in a pump spray that is applied to the painted surface of automobiles and wiped off prior t o 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 pro tective barrier.48

“Automotive Wax, Polish, Sealant, or Glaze” means a product designed to seal out moisture, increase gloss, or otherwise enhance a motor vehicle’s painted surfaces. This includes, but is not limited to, products designed for use in autobo dy 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 produc ts 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 clean ing, 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 p rimarily 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 ins ect carcasses, tree sap and road grime such as road tar, roadway paint markings, and asphalt.

“Carburetor or Fuel

- Injection Air Intake Cleaners” means a product designed to remove fuel deposits, dirt, or other contaminants from a carburetor, choke, thrott le 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 Clea ner” 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 s ynthetic 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 f or 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

in clude any of the following: electrical starters and probes, metallic cylinders using paper tinder, natural gas, propane, and fat wood.

“Colorant” means

, for purposes of this Subpart, any pigment or coloring material used in a consumer product for an aesth etic 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 of49

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 a nd 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 f or personal, family, household, or institutional use. Persons acquiring a consumer product for resale are not “consumers” for that product.

“Consumer Product” means a chemically formulated product used by household and institutional consumers including, but not limited to

, detergents, cleaning compounds, polishes, floor finishes, cosmetics, personal care products, home lawn and garden products, disinfectants, sanitizers, aerosol paints, and automotive specialty products.

“Consumer Product” does not inclu de other paint products, furniture coatings, or architectural coatings. As used in this Subpart, “Consumer Product” shall also refer to “Aerosol Adhesive”, including “Aerosol Adhesive” used for consumer, industrial or

commercial uses.

“Contact Adhesive” means an adhesive that is designed for application to both surfaces to be bonded together, and is allowed to dry before the two surfaces are placed in contact with each other, and forms an immediate bond that is impossible, or difficult, to reposition afte r 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

- hig h 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

a utomotive applications that are either automotive under the hood applications requiring heat, oil or gasoline resistance or body

- side molding, automotive weatherstrip or

decorative trim.50

“Container/Packaging” means the part or parts of the consumer or ins titutional product

that s erve only to contain, enclose, incorporate, deliver, dispense, wrap or store the chemically formulated substance or mixture of substances that is solely responsible for accomplishing the purposes for which the product was designed or intended. This includes any article onto or into which the principal display panel and other accompanying literature or graphics are incorporated, etched, printed or attached.

“Crawling Bug Insecticide” means any insecticide product that is designed f or 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 purpose s 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 agains t ants, cockroaches, or other household crawling arthropods.

“House dust mite” means mites that feed primarily on skin cells shed in the home by humans and pets and which belong to the phylum Arthropoda, the subphylum Chelicerata, the class Arachnida, the subclass Acari, the order Astigmata, and the family Pyroglyphidae.

“Date

- Code” means the day, month and year on which the consumer product was manufactured, filled, or packaged, or a code indicating that date.

“Deodorant” means:

For products manufactur ed before January 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 January July 1, 2009: any product including, but not limited to, aerosol s , roll

- ons, sticks, pumps, pads, creams, and

squeeze

- bottles

, that indicates or depicts o n 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 depi cts on the container or packaging, or on any sticker or label affixed to the container or packaging to the container or packaging that it can be used on or applied to the human axilla

, is a

“Deodorant”

.

“Deodorant Body Spray” means :51

For products manufact ured before January July 1, 2009: a “Personal Fragrance Product” with 20 percent or less fragrance.

For products manufactured on or after January July 1, 2009: a “Personal Fragrance Product” with 20 percent or less fragrance that is designed for applicati on 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 axill a, 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 ano ther 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 infec tious 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 human s or animals, products designed for agricultural use, products designed solely for use in swimming pools, therapeutic tubs, or hot tubs, products that , as indicated on the principal display panel or label, are designed primarily for use as bathroom and tile cleaners, glass cleaners, general purpose cleaners, toilet bowl cleaners, or metal polishes.

“Double Phase Aerosol Air Freshener” means an aerosol air freshener with the liquid

contents in two or more distinct phases that require the product container to be shaken before use to mix the phases, producing an emulsion.

“Dry Cleaning Fluid” means any non

- aqueous liquid product designed and labeled exclusively for use on fabrics that are labeled “dry clean only”, such as clothing or drapery or “S

- coded” fabrics. This includes, but is not limited to, those products used by commercial dry cleaners and commercial businesses that clean fabrics such as draperies at the customer’s residence or work place. The term does not include “Spot Remover” or “Carpet and Upholstery Cleaner”

. For the purposes of this definition, “S

- coded fabric” means an upholstery fabric designed to be cleaned only with water

- free spot cleaning products as specified by the Joint Indu stry 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”.

“Elec trical 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 “General52

Pu rpose 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 equip ment.

“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, includi ng
, 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 Degre aser”, “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:

T he 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 e quipment use only. Not to be used for motorized vehicle maintenance, or their parts.”

This does not include “Electronic Cleaner ”.

“Engine Degreaser" means a cleaning product designed to remove grease, grime, oil and other contaminants from the external surfaces of engines and other mechanical parts.

“Existing Product” means any formulation of the same product category and form sold, supplied, manufactured, or offered for sale in Illinois prior to January 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 f abric'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 pr oduct 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 Pro duct”, “Spot Remover”, or “Disinfectant”, or products labeled for application to both fabric and human skin.53

For the purposes of this definition only, “Soft Household Surface Sanitizer” means a product labeled to neutralize or eliminate odors on the list ed 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 l imited to, facial cleansing creams, semisolids, liquids, lotions, and

substrate

- impregnated forms. The term does not include prescription drug products, “Antimicrobial Hand or Body Cleaner or Soap”, “Astringent/Toner”, “General

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

Alcohol.”

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

- occurring levels of sap or

resin that enhance ignition of the kindling, excluding any kindling with substances added

to enha nce 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 o r 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, incl uding, 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 prot ective 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 coating s 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” mea ns a product designed to remove natural or synthetic floor polishes or waxes through breakdown of the polish or wax polymers, or by dissolving or54

emulsifying the polish or wax. This does not include aerosol floor wax strippers or products designed to remo ve 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 in clude “Wasp and Hornet Insecticide”, products that are designed to be used exclusively on humans or animals, or any moth

- proofing product.

For purposes of this definition only, “Moth

- Proofing Product” means a product whose label, packaging, or accompany ing 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 produ ct 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 l eather 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 ot her functional components with a combined vapor pressure not in excess of two mm of Hg at 20 o C, the sole purpose of which is to impart an odor or scent, or to

counteract a malodor.

“Furniture Maintenance Product” means a wax, polish, conditioner, or any o ther product designed for the purpose of polishing, protecting or enhancing finished wood surfaces other than floors. The term does not include “Dusting Aids”, “Wood Cleaners”, products designed solely for the purpose of cleaning, and products designed to leave a permanent finish such as stains, sanding sealers and lacquers.

“Furniture Coating” means any paint designed for application to room furnishings including, but not limited to, cabinets (kitchen, bath and vanity), tables, chairs, beds, and

sofas.

“Gel” means a colloid in which the disperse phase has combined with the continuous phase to produce a semisolid material, such as jelly.

“General Purpose Adhesive” means any non

- aerosol adhesive designed for use on a variety of substrates. The term does not include contact adhesives, construction, panel, and floor covering adhesives, adhesives designed exclusively for application on one specific category of substrates (i.e., substrates that are composed of similar materials, such as different types of met als, paper products, ceramics, plastics, rubbers, or vinyls),55

or adhesives designed exclusively for use on one specific category of articles (i.e., articles that may be composed of different materials but perform a specific function, such as gaskets, autom otive trim, weather

- stripping, or carpets).

“General Purpose Cleaner” means a p roduct 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 C leaners”.

“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”, “Electro nic 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 g oods or commodities, and

labeled “not for retail sale”.

“Solvent C leaning T anks or R elated E quipment” includes, but is not limited to, cold cleaners, vapor degreasers, conveyorized degreasers, film cleaning machines, or products designed to clean miscella neous metallic parts by immersion in a

container.

“General

- U se 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 bo dy washes, dual

- purpose shampoo

- body cleaners, shower or bath gels, and moisturizing cleaners or soaps. The term does not include prescription drug products, “Antimicrobial Hand or Body Cleaner or Soap”, “Astringent/Toner”, “Facial Cleaner or Soap”, “Hand Dishwashing Detergent” (including antimicrobial), “Heavy

- duty Hand Cleaner or Soap”, “Medicated Astringent/Medicated Toner”, or “Rubbing Alcohol.”

“Glass Cleaner” means a cleaning product designed primarily for cleaning surfaces made of glass. The term does not include products designed solely for the purpose of cleaning optical materials used in eyeglasses, photographic equipment, scientific equipment and photocopying machines.

“Graffiti Remover” means a product labeled to remove spray paint, ink, mark er, crayon, lipstick, nail polish, or shoe polish from a variety of non

- cloth or nonfabric substrates. The term does not include “Paint Remover or Stripper”, “Nail Polish Remover”, or “Spot

Remover ”. Products labeled for dual use as both a paint stripper and graffiti remover are

considered “Graffiti Removers.”

“Hair Mousse” means a hairstyling foam designed to facilitate styling of a coiffure and provide limited holding power.56

“Hair Shine” means any product designed for the primary purpose of creating a shine when applied to the hair. This includes, but is not limited to, dual

- use products designed primarily to impart a sheen to the hair. The term does not include “Hair S pray”, “Hair Mousse”, “Hair Styling Product”, "Hair Styling Gel”, or products whose primary purpose

is to condition or hold the hair.

“Hair S pray” means:

For products manufactured before January 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 im part sufficient rigidity to the coiffure to establish or retain the style for a period of time

.

For products manufactured on or after January 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 f inish 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, “ f inish” or “f i nishing” means the maintaining and/or holding of previously styled hair for a period of time. For the purposes of this Subpart,

“ s tyling” means forming, sculpting, or manipulating the hair to temporarily alter the hair's shape.

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

that is a high viscosity, often gelatinous, product that contains a resin and is designed for application to hair to aid in styling and sculpting of the hair coiffure.

“Hair Styling Product” means a consumer product manufactured on or after January July 1, 2009 tha t 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, past e, 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. Thi s 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 styl ed 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 di rt 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 of57

water. The term does not include prescription drug products, “Antimicrobial Hand o r 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 grow th, but excludes products that are for agricultural use, or restricted materials that require a permit for use and possession.

“High Volatility Organic Material” or “ HVOM ” or “High Volatility Organic Compound ” means any volatile organic material or volati le organic compound that exerts a vapor pressure greater than 80 millimeters of Mercury (mm Hg) when measured at 20 o C.

“Household Product” means any consumer product that is primarily designed to be used inside or outside of living quarters or residences that are occupied or intended for occupation by individuals, including the immediate surroundings.

“Illinois Sales" means the sales (net pounds of product, less packaging and container, per year) in Illinois for either the calendar year immediately prior to the year that the registration is due or, if that data is not available, any consecutive 12 month period commencing no earlier than two years prior to the due date of the registration. If direct sales data for Illinois is not available, sales may be es timated by prorating national or regional sales data by population.

“Industrial U se” 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 pesti cide 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 Ac t [ 225 ILCS 235 ] , or restricte d materials that require a permit for use and possession.

“Insecticide Fogger” means any insecticide product designed to release all or most of its content, as a fog or mist, into indoor areas during a single application.

“Institutional Product” or “Indu strial 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 th e 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 est ablishment.58

“Label” means any written, printed, or graphic matter affixed to, applied to, attached to, blown into, formed into , molded into, embossed on, or appearing upon any consumer product or consumer product package, for purposes of branding, identif ying, or giving information with respect to the product or to the contents of the package.

“Lacquer” means , for purposes of this Subpart, a clear or opaque wood coating, including clear lacquer sanding sealers, formulated with cellulosic or synthetic resi ns 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 lau ndry detergents and/or provides specialized performance.

“Laundry Starch Product” means a product that is designed for application to a fabric, either during or after laundering, to impart and prolong a crisp, fresh look and may also act to help ease iron ing 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 d etermined 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.

“Lubrica nt” 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, engi nes, 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

con struct 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 packa ging), expressed to the nearest 0.1.

“LVP

- VOM” or “LVP

- VOC” means a chemical material or mixture or compound that contains at least one carbon atom and meets one of the following:

Has a vapor pressure less than 0.1 mm Hg at 20 o C, as determined by CARB

M ethod 310 , incorporated by reference in Section 223.120 ; or59

Is a chemical material or compound with more than 12 carbon atoms, or a chemical mixture comprised solely of material or a compound with more than 12 carbon atoms as verified by formulation data, and the vapor pressure and boiling point are unknown; or

Is a chemical material or compound with a boiling point greater than 216 o C, as determined by CARB Method 310

, incorporated by reference in Section 223.120 ;

or

Is the weight percent of a chemical m ixture that boils above 216 o C, as determined by CARB Method 310 , incorporated by reference in Section 223.120

.

For the purposes of the definition of LVP

- VOM, chemical material or compound

means a molecule of definite chemical formula and isomeric structu re, 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 tighte ning 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 pur chased 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 l ess than or equal to 80 mm Hg when measured at 20 o C.

“Metal Polish /Cleanser” means any product designed primarily to improve the appearance of finished metal

, or metallic

, or metallized surfaces by physical or chemical action. To “improve the appearance ” means to remove or reduce stains, impurities, or oxidation from surfaces or to make surfaces smooth and shiny. This includes, but is not limited to, metal polishes used on brass, silver, chrome, copper, stainless steel and other

ornamental metals. The term does not include “Automotive Wax, Polish, Sealant or Glaze”, wheel cleaner, “Paint Remover or Stripper”, products designed and labeled exclusively for automotive and marine detailing, or products designed for use in degreasing tanks.

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

and that delivers a particle or mist spray, resulting in the formation of fine, discrete particles that yield a generally uniform and smooth application of adhesive to the

substrate.60

“M ulti

- 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 o r 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

cleaner s, 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 cl ear 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 fing ernails or toenails.

“Non

- A erosol Product” means any consumer product that is not dispensed by a pressurized spray system.

“Non

- Carbon Containing Compound” means any compound that does not contain any

carbon atoms.

“Nonresilient Flooring” means flooring of a mineral content that is not flexible. This includes terrazzo, marble, slate, granite, brick, stone, ceramic tile and concrete.

“Non

- Selective Terrestrial Herbicide” means a terrestrial herbicide product that is toxic to plants without regard to spe cies.

“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 ch aracteristics.61

“Paint Remover or Stripper” means any product designed to strip or remove paints or other related coatings, by chemical action, from a substrate without markedly affecting

the substrate. This does not include “Multi

- purpose Solvents”, pain tbrush 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 par ts 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” mea ns 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 primaril y 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 irri tations; 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 substa nce or mixture of substances labeled, designed, or intended for use in preventing, destroying, repelling or mitigating any pest, or any substance or mixture of substances labeled, designed, or intended for use as a defoliant, desiccant, or plant regulator, provided that the term “Pesticide” will not include any substance, mixture of substances, or device the United States Environmental Protection Agency does not consider to be a pesticide.

“Photograph Coating” means a coating designed and labeled exclusive ly to be applied to finished photographs to allow corrective retouching, protection of the image o r changes in gloss level, or to cover fingerprints.

“Pressurized Gas Duster” means a pressurized product labeled to remove dust from a surface solely by mean s 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 req uirements pertaining to the “Principal Display Panel” shall pertain to all such “Principal Display Panels.”

“Product Brand Name” means the name of the product exactly as it appears on the principal display panel of the product.62

“Product Category” means t he applicable category , defined in this Section and limited in

Section 223

. 205(a), which best describes the product.

“Product Form” for the purpose of complying with Section 223.270 only, means the applicable form that most accurately describes the produ ct's dispensing form as follows:

A = Aerosol Product

S = Solid P = Pump Spray L = Liquid

SS = Semisolid

O = Other

“Product Line” means a group of products of identical form and function belonging to the same product category or categories.

“Pump Spray” means a packaging system in which the product ingredients within the container are not under pressure and in which the product is expelled only while a pumping action is applied to a button, trigger or other actuator.

“Responsible ACP Party” means the com pany, 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 r egulations.

“Roll

- O n Product” means any antiperspirant or deodorant that dispenses active ingredients by rolling a wetted ball or wetted c ylinder on the affected area.

“Rubber and Vinyl Protectant” means any product designed to protect, preserve or renew vinyl, rubber, and plastic on vehicles, tires, luggage, furniture, and household products such as vinyl covers, clothing, and accessories. This does not include products primarily designed to clean the wheel rim, such as aluminum or magnesium wheel cleaners, and tire cleaners that do not leave an appearance

- enhancing or protective substance on the

tire.

“Rubbing Alcohol” means any product containing isopropyl alcohol (also called isopropanol) or denatured ethanol and labeled for topical use, usually to decrease germs in minor cuts and scrapes, to relieve minor muscle aches, as a rubefacient, and for

massage.

“Rust Preventive Coating” means a coating formulated exclusively for nonindustrial use to prevent the corrosion of metal surfaces and labeled as specified in Section 223.320(f).63

“Sanding Sealer” means , for purposes of this Subpart, a clear or semi

- transparent wood coating labeled and f ormulated for application to bare wood to seal the wood and to provide a coat that can be abraded to create a smooth surface for subsequent applications of coatings. A “Sanding Sealer” that also meets the definition of a “Lacquer” is not

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

“Sealant and Caulking Compound” means any product with adhesive properties that is designed to fill, seal, waterproof, or weatherproof gaps or joints between two surfaces.

This does not include roof cements and roof sealants, insulating foams, removable caulking compounds, C lear/paintable/water resistant caulking compounds, floor seam sealers, products designed exclusively for automotive uses, or sealers that are applied as continuous coatings. The term also does not include units of product, less packaging, that weigh more than one pound and consist of more than 16 fluid ounces.

For the purposes of this definition only, “removable caulking compounds” means a compound that temporarily seals window s 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 p aintable; 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” mean s 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 produ ct which dispenses a post

- foaming semisolid designed to be used with a blade, cartridge razor, or other shaving system in the removal of facial or other body hair. This does not include “Shaving Cream”.

“Silicone

- B ased Multi

- P urpose Lubricant” means any lubricant designed and labeled to provide lubricity primarily through the use of silicone compounds including, but not limited to, polydimethylsiloxane

, and designed and labeled for general purpose lubrication, or for use in a wide variety of applications. The term does not include products designed and labeled exclusively to release manufactured products from molds.

“Single Phase Aerosol Air Freshener” means an aerosol air freshener with the liquid contents in a single homogeneous phase and that does not require that the product

container be shaken before use.

“Solid” means a substance or mixture of substances that , either whole or subdivided (such as the particles comprising a powder), is not capable of visually detectable flow as

determined under ASTM D4359

- 90, incorporated by reference in Section 223.120, or an equivalent method approved by the California Air Resources Board.64

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

“Mounting Adhesive” me ans 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 V inyl A dhesive” means an aerosol adhesive de signed 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 inco rporated 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.

“Po lystyrene 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 aer osol adhesive designed to bond polyolefins to

substrates.

“Laminate Repair/Edgebanding Adhesive” means an aerosol adhesive designed

for:

The touch

- up or repair of items laminated with high pressure laminates (e.g., lifted edges, delaminates, etc.); or

The touch

- up, repair, or attachment of edgebanding materials, including but not limited to other laminates, synthetic marble, veneers, wood molding, and decorative metals.

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

materials that consist of paper, fabric, or other core material that have been laminated at temperatures exceeding 265 **°** F, and at pressures between 1,000 and 1,400 psi.

“Automotive Engine Compartment Adhesive” means an aerosol adhesive designed for use in motor ve hicle under

- the

- hood applications which require oil and plasticizer resistance, as well as high shear strength, at temperatures of 200 to

275 **°** F.65

“Spot Remover” means any product labeled to clean localized areas, or remove localized spots or stains on clo th 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 Purpose Solvent.”

“Spray Buff Product” m eans 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 activ e 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, a nd toilet s or urinals in vehicles such as buses, recreational motor homes, boats, ships, and aircraft. This does not include “Bathroom and Tile Cleaner” or “General Purpose Cleaner.”

“Type A Propellant” means a compressed gas

, such as CO 2 , N 2 , N 2 O, or co mpressed 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 propellent including chlorofluor ocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs).

“Type C Propellant” means any propellant propellent that is not a Type A or Type B propellant, including propane, isobutane, n

- butane, and dimethyl ether (also known as

dimet hyl 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 the66

formation of rust or to deaden sound. This includes, but is not l imited 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 us ed.

“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,

Rate Use Certified 100) x Emissions (Certified

= Content VOC

Certified

Emissions = The emissions level for products approved by the Agency under Section 223.220, as determined pursuant to South Coast Air Quality Management Dis trict Rule 1174

, Ignition Method Compliance Certification Protocol (February 27, 1991), incorporated by reference in Section 223.120, expressed to the nearest 0.001 pound CH 2 per

start.

Certified

Use Rate = The usage level for products approved by the Agency under Section 223.220, as determined pursuant to South Coast Air Quality Management District Rule 1174

, Ignition Method Compliance Certification Protocol (February 27, 1991), incorporated by reference in Section 223.120, expressed to

the neares t 0.001 pound certified product used per start.

For purposes of Subpart C of this Part, “VOM Content” means the weight of VOM per volume of coating, calculated according to the procedures specified in Section 223.340(a).

“Wasp and Hornet Insecticide” mea ns 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 desi gned and labeled exclusively to repel water from fabric or leather substrates, excluding “Fabric Protectants”.67

“Wax” means a material or synthetic thermoplastic substance generally of high molecular weight hydrocarbons or high molecular weight esters of f atty 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 t o preserve or color wood.

“Wood Floor Wax” means wax

- based products for use solely on wood floors.

Section 223.205 Standards

a) Except as provided in Section 223.207, 223.230, 223.240, or 223.245, no person shall sell, supply, offer for sale, or manufa cture for sale in Illinois any consumer product manufactured on or after January 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) Web Spray 55

C) Special Purpose Spray Adhesives

i) Mounting, Automotive Engine Compartment, and Flexible Vinyl 70

ii) Polystyrene Foam and Automotive Headliner 65

iii) Polyolefin and Laminate Repair /Edgebanding 60

2) Adhesives

– Construction, Panel and Fl oor Contact 15

3) Adhesives

– General Purpose 1068

4) Adhesives

– Structural Waterproof 15

5) Air Fresheners

A) Single

- Phase Aerosol 30

B) Double Phase Aerosol 25

C) Liquids / Pump Sprays 18

D) Solids / Gel 3

6) Anti perspirants

A) Aerosol 40 HVOM

10 MVOM

B) Non

- Aerosol 0 HVOM

0 MVOM

7) Automotive Brake Cleaners 45

8) Automotive Rubbing or Polishing Compound 17

9) Automotive Wax, Polish, Sealant, or Glaze

A) Hard Paste Waxes 45

B) Instant Detailers 3

C) All Other Forms 15

10) Automotive Windshield Washer Fluids 35

11) Bathroom and Tile Cleaners

A) Aerosol 7

B) All Other Forms 5

12) Bug and Tar Remover 40

13) Carburetor or Fuel

- Injection Air Intake Cleaners 45

14) Carpet and Upholstery Cleaners69

A) Aerosol 7

B) Non

- Aerosol (Dilutables) 0.1

C) Non

- Aerosol (Ready

- to

- Use) 3.0

15) Charcoal Lighter Material see Section 223.220

16) Coo king Spray

– Aerosol 18

17) Deodorants

A) Aerosol 0 HVOM

10 MVOM

B) Non

- Aerosol 0 HVOM

0 MVOM

18) Dusting Aids

A) Aerosol 25

B) All Other Forms 7

19) Engine Degreasers

A) Ae rosol 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 s ee Section 223.209

23) Furniture Maintenance Products

A) Aerosol 1770

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) N on

- 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) Insectici des

A) Crawling Bug (Aerosol) 15

B) Crawling Bug (All Other Forms) 20

C) Flea and Tick 25

D) Flying Bug (Aerosol) 25

E) Flying Bug (All Other Forms) 35

F) Foggers 45

G) Lawn and Garden (Aerosol) 20

H) Lawn and Garden (All Other Forms) 371

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 o r Semi

- Solid Products) 50

37) Nail Polish Removers 75

38) Non

- Selective Terrestrial Herbicide

- Non

- Aerosol 3

39) Oven Cleaners

A) Aerosols / Pump Sprays 8

B) Liquids 5

40) Paint Remover s 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 2572

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 January July 1 , 2009, any antiperspirant or deodorant that contains any compound listed below:

Benzene

Ethylene Dibromide

Ethylene Dichloride

Hexavalent Chromium

Asbestos

Cadmium (metallic cadmium and cadmium compounds)

Carbon Tetrachloride

Trichloroethylene

C hloroform

Vinyl Chloride

Inorganic Arsenic

Nickel (metallic nickel and inorganic nickel compounds)

Perchloroethylene

Formaldehyde

1,3

- Butadiene

Inorganic Lead

Dibenzo

- p

- dioxins and dibenzofurans chlorinated in the 2,3,7 and 8 positions and contai ning 4,5,6 or 7 chlorine atoms73

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 li mits 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 incident al use of a concentrated product to deal with limited special applications such as hard

- to

- remove soils or

stains.

c) For consumer products for which the label, packaging, or accompanying literature states that the product should be diluted with any VOM solvent prior to use, the limits specified in Section 223.205(a) shall apply to the product only after the maximum recommended dilution has taken place.

Section 223.207 Products R egistered under FIFRA

For those consumer products that are registered u nder 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 January July 1, 2010.

Section 223.208 Requirements for Aerosol Adhe sives

a) As specified in California Code § 41712(h)(2), incorporated by reference in Section 223.120, the standards for aerosol adhesives apply to all uses of aerosol adhesives, including consumer, industrial, and commercial uses. Except as otherwise pro vided 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 st andard.

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 indicate s 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 m eets 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, then74

the VOC limit for the product shall be the lowest applica ble VOM limit specified in Section 223.205(a).

c) Effective January 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, perchl oroethylene, 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 January July 1, 2009, no person shall sell, supply, o ffer 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 a n 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 Prod ucts Containing Ozone

- Depleting Compounds

a) For any consumer product for which standards are specified under Section 223.205(a), no person shall sell, supply, offer for sale, or manufacture for sale in Illinois any consumer product that contains any of the following ozone

- depleting compounds:

1) Trichlorofluoromethane (CFC

- 11);

2) Dichlorodifluoromethane (CFC

- 12);

3) 1,1,1

- trichloro

- 2,2,2

- trifluoroethane (CFC

- 113);

4) 1

- chloro

- 1,1

- difluoro

- 2

- chloro

- 2,2

- difluoroethane (CFC

- 114);

5) Chloropentafl uoroethane (CFC

- 115);

6) Bromochlorodifluoromethane (Halon 1211);75

7) Bromotrifluoromethane (Halon 1301);

8) Dibromotetrafluoroethane (Halon 2402);

9) Chlorodifluoromethane (HCFC

- 22);

10) 2,2

- dichloro

- 1,1,1

- trifluoroethane (HCFC

- 123);

11) 2

- chlo ro

- 1,1,1,2

- tetrafluoroethane (HCFC

- 124);

12) 1,1

- dichloro

- 1

- fluoroethane (HCFC

- 141b);

13) 1

- chloro

- 1,1

- difluoroethane (HCFC

- 142b);

14) 1,1,1

- trichloroethane; and

15) Carbon tetrachloride.

b) The requirements in subsection (a) of this Section sha ll not apply to any product formulation existing as of January 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 0.01% by weight of the product.

Section 223.220 Requirements for Charcoal Lighter Material

a) No person shall sell, supply, or offer for sale on or after January 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 ef fective 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 certificat ion

remains in effect.

b) Alternatively, the person may demonstrate th at 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

establ ished by CARB or the air pollution agency of another state and USEPA.76

Section 223.230 Exemptions

a) This Subpart shall not apply to any consumer product manufactured in Illinois for shipment and use outside of Illinois , as long as the manufacturer or distributor can demonstrate both that the consumer product is intended for shipment and use outside of Illinois, and that the manufacturer or distributor has taken reasonable, prudent precautions to assure that the consumer product is not distributed to

Il linois. 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 mate rial (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 cont ain more than 10 carbon atoms per molecule and for which the vapor pressure is unknown, or that have a vapor pressure of two mm Hg or less at 20 o C.

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

VOM.

f) The requirements of S ection 223.250 shall not apply to consumer products registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA,

7 USC 136 through 136y).

g) The VOM limits specified in Section 223.205(a) shall not apply to air fresheners that are comp rised 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

- dic hlorobenzene.

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 by77

weight, when the bait is designed to be ingested by insects and is composed of solid material feeding stimulants with less than five percent active ingredients.

Section 223.240 Innovative Product Exemption

a) Any manufacturer of consumer products which have been granted an Innovative Product exemption by the CARB under the Innovative Products provisions in 17 California Code of Regu lations § 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 w ithin 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

Executi ve 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 I nnovative P roduct exemption approving

an I nnovative P roduct applica tion shall be maintained by the responsible party for a minimum of three years after the expiration of the exemption.

The records shall be clearly legible and maintained in good condition during this period.

2) The records specified in subsection (b)(1) shall be made available to the Agency, or its authorized representative, upon request.

Section 223.245 Alternative Compliance Plans

a) The purpose of this S ection is to provide an alternative method to comply with the limits in Section 223.205(a). Thi s 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 man ufacturer 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 p roducts used for emissions credits within the CARB ACP Agreement are contained in Section 223.205(a). Any manufacturer claiming such an ACP Agreement on this basis must submit to the Agency a copy of the CARB ACP decision (i.e., the Executive Order), including all conditions established by the CARB applicable to the exemption.78

c) Recordkeeping and Availability of Requested Information.

1) All information specified in the ACP Agreement appr oving 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 o r package the day, month, and year on which the product was manufactured, or a code indicating such date.

b) A manufacturer who uses the following code to indicate the date of manufacture shall not be subject to the requirements of Section 223.255(a), if the code is represented separately from other codes on the product container so that it is easily recognizable:

YY DDD = year year day day day

Where:

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

manufactured

DDD = Three digits r epresenting 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 eac h 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 obse rvable or obtainable by simply removing the cap/cover without irreversibly disassembling any part of the container or packaging. For the purposes of this subsection, information may be displayed on the bottom of a container as long as it is clearly legibl e without removing any product packaging.

e) The requirements of this Section shall not apply to products containing no VOMs (as defined in Section 223.203), or containing VOMs at 0.10% by weight or less.79

Section 223.255 Additional Product Dating Requir ements

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 af fix 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) Pr oducts manufactured before January July 1, 2009, and FIFRA

- registered

Insecticides manufactured before January July 1, 2010.

Notwithstanding the definition of product category in Section 223.203, if anywhere on the principal display panel of any consumer pr oduct manufactured

before January July 1, 2009, or any FIFRA

- registered insecticide manufactured

before January 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 limi t 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 January July 1, 2009, and FIFRA

- registered

ins ecticides manufactured on or after January July 1, 2010.

Notwithstanding the definition of p roduct c ategory in Section 223.203, if anywhere on the container or packaging of any consumer product manufactured

on or after January July 1, 2009, or any FIFRA

- registered insecticide

manufactured on or after January 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 p roduct 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 Additio nal 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 all80

products clearly display t he following information on each product container

manufactured on or after January 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 prod uct that is specified in Section 223.205(a) except for e nergized electrical c leaner, 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 223.2 40 and 223.245, and the product exceeds the applicable

VOM standard

.

3) If the product is included in an alternative control plan approved by the Agency, and the product exceeds the applicable VOM standard specified in Section 223.205(a), the product shal l 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 specia l 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 Se ction 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 b ottom 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 R equirements

a) Within 90 days after written request by the agency Agency , a responsible party must submit to the Agency any of the following information within 90 days of a request by the Agency:

1) The name, address, and telephone number of the respons ible party and the name and telephone number of the party's designated contact person;

2) For each product subject to Section 223.205(a):81

A) The product brand name;

B) The product label;

C) The product category to which the consumer product belo ngs;

D) The applicable product form(s) listed separately; and

E) An identification of the product as a household product, institutional product, or both;

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

method used to cal culate 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 w eight fragrance:

i) The percent of fragrance that is LVP

- VOMs; and

ii) The percent of fragrance that is all other carbon

- containing compounds; and

G) Total paradichlorobenzene;82

6) For each product brand name and form, the identity, including the sp ecific chemical name and associated Chemical Abstract Services (CAS) number, of the following:

A) Each Section 223.205(a) compound; and

B) Each LVP

- VOM that is not a fragrance; and

7) If the product includes a propellant, the following:

A) The weig ht 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 s hall report or shall arrange to have reported to the Agency, upon request, the net percent by weight of each ozone

- depleting compound that is:

1) Listed in Section 223.210(a); and

2) Contained in a product subject to reporting under subsection (a) any amount greater than 0.1% by weight.

c) In addition, all manufacturers must submit to the Agency, upon request, the information requested in subsections (a) and (b) above upon commencement of the selling of each such product in Illinois.

Section 223.275 Special Recordkeeping Requirements for Consumer Products that Contain Perchloroethylene or Methylene Chloride

a) The requirements of this Section shall apply to all responsible parties for consumer products that are subject to Section 223.205(a) and con tain perchloroethylene or methylene chloride and e nergized e lectrical c leaners as defined in Section 223.203 that contain perchloroethylene or methylene chloride. For the purposes of this Section, a product “contains perchloroethylene or methylene chlorid e” if the product contains 1.0% or more by weight (exclusive of the container or packaging) of either perchloroethylene or methylene chloride.

b) For each consumer product that contains perchloroethylene or methylene chloride, within 90 days after a wri tten request by the agency Agency, the responsible party shall report the following information for products sold in Illinois:

1) The product brand name and a copy of the product label with legible usage instructions;83

2) The product category to which the consumer product belongs;

3) The applicable product forms (listed separately);

4) For each product form listed in subsection (b) ( 3), the total sales in Illinois during the calendar year to the nearest pound (exclusive of the container or packaging), and the method used for calculating the Illinois sales; and

5) The weight percent, to the nearest 0.10 % , of perchloroethylene and methylene chloride in the consumer product.

Section 223.280 Calculating Illinois Sales

If direct sales data for Illinois are not available, sales may be estimated by prorating national or regional sales data by population.

Section 223.285 Test Methods

a) Testing to determine compliance with the requirements of this Subpart shall be performed using CARB Method 310, Determina tion 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 a mounts 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 req uired by subsection (b)( 1) shall be kept for at least three years;

3) For subsection (b) (4)

, the following shall apply:

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

B) “B” means the total weight of all VOMs per unit; a nd

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 p er unit, divided by the total net84

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 req uirements for charcoal lighter material shall be performed using the procedures specified in the SCAQMD Test Protocol Rule 1174

, Ignition Method Compliance Certification Protocol, dated February 28, 1991, which is incorporated by reference in Section

223.1 20.

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 p erson 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 r ecords used in connection with product manufacture.

SUBPART C: ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS

Section 223.300 Purpose

The purpose of this Subpart is to limit emissions of VOMs by requiring reductions in the VOM

content of architectu ral 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 S tate of Illinois, as well as any person who applies or solicits the application of any architectural coating within Illinois. This Subpart does not apply85

to:

a) Any architectural coating that is sold or manufactured for use outside of the S tate 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 co ntainer 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 te rms 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/ma rking applications.

“Antenna Coating” means a coating labeled and formulated exclusively for application to equipment and associated structural appurtenances that are used to receive or transmit electromagnetic signals.

“Antifouling Coating” means a coat ing 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, bath room 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 gut ters 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 sit e 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 not86

considered architectural coatings for the purposes of thi s Subpart

.

“Bitumens” means black or brown materials including, but not lim ited 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 d istillation 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

an d formulated exclusively for roofing.

“Bond Breaker” means a coating labeled and formulated for application between layers of concrete to prevent a freshly poured top layer of concrete from bonding to the layer over which it is poured.

“Calcamine Recoate rs” means a flat solvent born borne 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

seale rs, 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 S ection

22 3.320(e).

“Clear Wood Coatings” means clear and semi

- transparent coatings, including lacquers and varnishes, applied to wood substrates to provide a transparent or translucent solid

film.

“Coating” means , for purposes of this Subpart a material applied o nto or impregnated into a substrate for protective, decorative, or functional purposes. Such materials include, but are not limited to, paints, varnishes, sealers, and stains.

“Colorant” means , for purposes of this Subpart, concentrated pigment dispersio n in water, solvent, and/or binder that is added to an architectural coating after packaging in sale units to produce the desired color.

“Concrete Curing Compound” means , for purposes of this Subpart a coating labeled and formulated for application to fre shly 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 retarded87

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 wi th amino resins and supplied as a single component or two

- component product. Conversion varnishes produce a hard, durable, clear finish designed for professional application to wood flooring. Film formation is the result of an acid

catalyzed condensation reaction, affecting a transetherification at the reactive ethers of

the amino resins.

“Dry Fog Coating” means a coating labeled and formulated only for spray application such that overspray droplets dry before subsequent contact with incidental surfaces in the vicinity of the surface coating activity.

“Exempt Compound” means a compound identified as exempt under the definition of Volatile Organic Material (VOM) in Part 211.7150. The exempt compound content of a coating shall be determined by USEPA Metho d 24 or South Coast Air Quality Management District (SCAQMD) Method 303

- 91 (Revised February 1993), incorporated by reference in Section 223.120.

“Faux Finishing Coating” means a coating labeled and formulated as a stain or a glaze to

create artistic effe cts 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 o r 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, S tate, and local building c ode requirements. The fire

- resistive coating and the testing agency must be approved by building code officials. The fire

resistive coating shall be tested in accordance with ASTM E119

- 98, incorporated by

reference in Section 223.120.

“Fire

- Retardant Co ating” 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 fede ral S tate, 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

Sectio n 223.120.

“Flat Coating” means a coating that is not defined under any other definition in this

Section and that registers gloss less than 15 on an 85

- degree meter or less than five on a

60

- degree meter according to ASTM Designation D 523

- 89 (1999), inco rporated by

reference in Section 223.120.88

“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 foo t traffic.

“Flow Coating” means a coating labeled and formulated exclusively for use by electric power companies or their subcontractors to maintain the protective coating systems present on utility transformer units.

“Form

- Release Compound” means a coat ing 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

- Temperat ure 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 m aintenance 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 Mainten ance 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 S ection 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, o r acidic agents, or to chemicals, chemical fumes, or chemical mixtures or solutions;

Repeated exposure to temperatures above 121°C (250°F);

Repeated (frequent) heavy abrasion, including mechanical wear and repeated (frequent) scrubbing with industrial so lvents, cleansers, or scouring agents; or

Exterior exposure of metal structures and structural components.89

“Lacquer” means , for purposes of this Subpart, a clear or opaque wood coating, including clear lacquer sanding sealers, formulated with cellulosic or synthetic resins to dry by evaporation without chemical reaction and to provide a solid, protective film.

“Low

- Solids Coating” means a coating containing 0.12 kilogram or less of solids per liter (1 pound or less of solids per gallon) of coating mate rial.

“Magnesite Cement Coating” means a coating labeled and formulated for application to magnesite cement decking to protect the magnesite cement substrate from erosion by

water.

“Mastic Texture Coating” means a coating labeled and formulated to cover holes and minor cracks and to conceal surface irregularities, and is applied in a single coat of at least 10 mils (0.010 inch) dry film thickness.

“Metallic Pigmented Coating” means a coating containing at least 48 grams of elemental metallic pigment per liter of coating as applied (0.4 pounds per gallon), when tested in accordance with SCAQMD Method 318

- 95, incorporated by reference in Section

223.120.

“Multi

- Color Coating” means a coating that is packaged in a single container and that

exhibits more tha n 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 accordi ng to ASTM D523

- 89, incorporated by reference in Section 223.120 or an equivalent method approved by the California Air Resources

Board.

“Non

- F lat High

- Gloss Coating” means a non

- flat coating that registers a gloss of 70 or

above on a 60

- degree meter acco rding to ASTM D523

- 89 (1999), incorporated by

reference into Section 223.120

, or an equivalent method approved by the CARB.

“Nonindustrial Use” means any use of architectural coatings except in the construction or maintenance of any of the following: faci lities 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 g eneration 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 radioact ive 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 coa tings are likely to be exposed (ASTM Method D 3912

- 95, incorporated by90

reference in Section 223.120 )

.

“Post

- Consumer Coating” means a finished coating that would have been disposed of in a landfill, having completed its usefulness to a consumer, and does not include manufacturing wastes.

“Pre

- Treatment Wash Primer” means a primer that contains a minimum of 0.5 acid, by weight, when tested in accordance with ASTM D1613

- 03, incorporated by reference into

Section 223.120

, or an equivalent method approved by the CARB that is labeled and formulated for application directly to bare metal surfaces to provide corrosion resistance and to promote adhesion of subsequent topcoats.

“Primer” means , for the purposes of this Subpart, a coating labeled and formulated for application to a substrate to provide a firm bind between the substrate and subsequent

coats.

“Quick

- Dry Enamel” means a non

- flat coating that is labeled as specified in S ection 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 meth od approved by the CARB, sets to touch in two hours or less, is tack free in four hours or less, and dries hard in eight hours or less by the mechanical test method; and

Has a dried film gloss of 70 or above on a 60

- degree meter.

“Quick

- Dry Primer Seale r 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 appr oved 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

- con sumer 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 la beled 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 that91

qualify as metallic pigmented coating s
, 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 l abeled as specified in Section 223.320(f).

“Sanding Sealer” means , for purposes of this Subpart, a clear or semi

- transparent wood coating labeled and formulated for application to bare wood to seal the wood and to provide a coat that can be abraded to cre ate a smooth surface for subsequent applications of coatings. A “Sanding Sealer” that also meets the definition of a “Lacquer” is not included in this category, but it is included in the “Lacquer” category.

“Sealer” means

, for purposes of this Subpart , a coating labeled and formulated for application to a substrate for one or more of the following purposes: to prevent subsequent coatings from being absorbed by the substrate, or to prevent harm to subsequent coatings by materials in the substrate.

“Second ary 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 man ufacturing

process

.

“Shellac” means a clear or opaque coating formulated solely with the resinous secretions of the lac beetle (Laciffer lacca), thinned with alcohol, and formulated to dry by evaporation without a chemical reaction.

“Shop Application” means the applicatio n 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 sp ecify by written or oral contract.

“Specialty Primer, Sealer, and Undercoater” means a coating labeled as specified in

S ection 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 met hod 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 mat erial. “ Stone92

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 requirem ents 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 t he temperature and safety of the substrate, underlying piping, or underlying equipment, and for application to substrates exposed continuously or intermittently to temperatures above 204°C (400°F).

“Thermoplastic Rubber Coating and Mastics” means a coatin g 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 S ection 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.93

“Waterproofing Sealer” means a coating labeled and formulated for application to a porous substrate for the primary purpose of preventing the penetration of water.

“Wood Preservative” means a coating labeled and formulated to protect exposed wood from decay or insect attack that is registered with both the USEPA under t he Federal Insecticide, Fungicide, and Rodenticide Act (7 USC 136, et seq.).

Section 223.310 Standards

a) VOM Content Limits: Except as provided in subsection (c), no person shall manufacture, blend, or repackage for sale within Illinois, supply, sell, o r offer for sale within Illinois, or solicit for application or apply within Illinois, any architectural coating manufactured on or after January July 1, 2009 that contains a VOM content in excess of the corresponding limit specified below:

VOM Co ntent Limit

Grams/ Liter (Pounds/ G allon) Coating Category

1) Flat Coatings 100 (0.8)

2) Non

- Flat Coatings 150 (1.3)

3) Non

- F lat

- High

- Gloss Coatings 250 (2.1)

Specialty Coatings

4) Antenna Coatings 530 (4.4)

5) Antifouli ng 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) La cquers (including lacquer sanding sealers) 550 (4.6)94

C) Sanding Sealers (other than lacquer sanding sealers) 350 (2.9)

D) Varnishes 350 (2.9)

11) Concrete Curing Compounds 350 (2.9)

Concrete Surface Retarder 780g/l (6.5)

12) Conversion Varnish 725 (6.0)

13) Dry Fog Coatings 400 (3.3)

14) Faux Finishing Coatings 350 (2.9)

15) Fire

- Resistive Coatings 350 (2.9)

16) Fire

- Retardant Coatings

A) Clear 650 (5.4)

B) Opaque 350 (2.9)

17) Floor Coatings 250 ( 2.1)

18) Flow Coatings 420 (3.5)

19) Form

- Release Compounds 250 (2.1)

20) Graphic Arts Coatings (Sign Paints) 500 (4.2)

21) High

- Temperature Coatings 420 (3.5)

22) Impacted Immersion Coating 780 (6.5)

23) Industrial Maintenance C oatings 340 (2.8)

24) Low

- Solids Coatings 120 (1.0)

25) Magnesite Cement Coatings 450 (3.8)

26) Mastic Texture Coatings 300 (2.5)

27) Metallic Pigmented Coatings 500 (4.2)95

28) Multi

- Color Coatings 250 (2.1)

29) Nuclear Coating 450 (3.8)

30) Pre

- Treatment Wash Primers 420 (3.5)

31) Primers, Sealers, and Undercoaters 200 (1.7)

32) Quick

- Dry Enamels 250 (2.1)

33) Quick

- Dry Primers, Sealers and Undercoaters 200 (1.7)

34) Recycled Coatings 250 (2.1)

35) Roof Coatin gs 250 (2.1)

36) Rust Preventive Coatings 400 (3.3)

37) Shellacs

A) Clear 730 (6.1)

B) Opaque 550 (4.6)

38) Specialty Primers, Sealers, and Undercoaters 350 (2.9)

39) Stains 250 (2.1)

40) Stone Consolidants 450 (3.8)

41) Swimming Pool Coatings 340 (2.8)

42) Swimming Pool Repair and Maintenance Coatings 340 (2.8)

43) Temperature

- Indicator Safety Coatings 550 (4.6)

44) Thermoplastic Rubber Coatings and Mastics 550 (4.6)

45) Traffic Marking Coatings 150 (1.3)

46) Waterproofing Concrete/Masonry Sealers 400 (3.3)

47) Waterproofing Sealers 250 (2.1)

48) Wood Preservatives 350 (2.9)96

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

b) Limits are expre ssed 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 f or 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 tec hnical 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 s ubsection (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 pigmen ted coatings;

3) Shellacs;

4) Fire

- retardant coatings;

5) Pretreatment wash primers;

6) Industrial maintenance coatings;

7) Low

- solids coatings;

8) Wood preservatives;

9) High

- temperature coatings;

10) Temperature

- indicator safety coatings;

11) An tenna coatings;

12) Antifouling coatings;

13) Flow coatings;97

14) Bituminous roof primers;

15) Specialty primers, sealers, and undercoaters ;

16) Conversion v arnish ;

17) Calcimine r ecoaters ;

18) Impacted i mmersion c oatings ;

19) Nuclear c oatings ;

20) Thermoplastic r ubber c oating and m astics ;

21) Concrete su rface r etarder

.

d) Painting Practices. All architectural coating containers used to apply the ir contents to a surface directly from the container by pouring, siphoning, brushing, rolling, padding, ragging, or ot her means shall be closed when not in use. These architectural coatings containers include, but are not limited to, drums, buckets, cans, pails, trays, or other application containers. Containers of any VOM

ontaining materials used for thinning and clean up shall also be closed when not in

use.

e) Thinning. No person who applies or solicits the application of any architectural coating shall apply a coating that is thinned to exceed the applicable VOM limit specified in subsection (a).

f) Rust Preventive Coatings. No person shall apply or solicit the application of any rust preventive coating for industrial use unless the rust preventive coating complies with the industrial maintenance coating VOM limit specified in

subsection (a). If the coating is als o regulated under another Part, the more restrictive limit shall apply.

g) Coatings Not Listed in S ubsection (a). For any coating that does not meet any of the definitions for the specialty coatings categories listed in subsection (a), the

VOM content li mit 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 223.32 0 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)

.98

a) Date

- code 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 fi le an explanation of each code with the Agency upon request.

b) Thinning Recommendations. A statement of the manufacturer's recommendation regarding thinning of the coating shall be indicated on the label or lid of the container. This requirement does n ot 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 coa ting 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

VO M per liter of coating. VOM content displayed shall be calculated using product formulation data, or shall be determined using the test methods in S ection 223.340(b). The equations in S ection 223.340(a) shall be used to calculate VOM

content. In each of the above cases, the term “VOC content” shall have the same meaning as “VOM content”.

d) Industrial Maintenance Coatings. In addition to the information specified in

subsection s (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" o r "Not intended for residential use”.

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

nently display the statements “For brush application only” and “This product must not be thinned or sprayed”.

f) Rust Preventive Coat ings. The labels of all rust preventive coatings shall promi

nently display the statement “For Metal Substrates Only.”

g) Specialty Primers, Sealers, and Undercoaters. The labels of all specialty primers, sealers, and undercoaters shall prominently disp lay one or more of the following descriptions.

1) “For blocking stains;”99

2) “For fire

- damaged substrates;”

3) “For smoke

- damaged substrates;”

4) “For water

- damaged substrates;”

5) “For excessively chalky substrates.”

h) Quick

- Dry Enamels. The labels of all quick dry enamels shall prominently display the words “Quick Dry” and the dry hard time.

i) Non

- Flat High

- Gloss Coatings. The labels of all non

- flat high

- gloss coatings shall prominently display the words “High Gloss.”

j) Stone Consolidants. E ffective January July 1, 2010, the labels of all s tone

c onsolidants 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,

e ach 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,

e ach 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. With Within 90 days after written request by the Agency

, e ach 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 S ta te during the preceding calendar year; and100

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 re quest by the Agency , the manufacturer shall report the following information for products

sold in Illinois:

1) The product brand name and a copy of the product label with legible usage instructions;

2) The product category listed in Section 223. 3 10(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) Withi n 90 days after written request by the Agency

, m anufacturers 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

, e ach recycled coatin gs manufacturer shall report the following information for products sold in

Illinois:

A) The number of gallons of recycled coatings sold in the S tate during the preceding calendar year; and

B) The method used by the manufacturer to calculate S tate sales.

f) Bituminous Coatings. Within 90 days after written request by the Agency

, e ach 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 b itum inous r oof c oatings or b ituminous r oof

p rimers sold in the State during the preceding calendar year; and

2) The method used by the manufacturer to calculate S tate sales.

Section 223.340 Compliance Provisions and Test Methods101

a) Calculation of VOM Conte nt. For the purpose of determining compliance with the VOM content limits in Section 223.310(a), the VOM content of a coating shall be determined by using the procedures described in subsection (a)(1) or (a)(2), as appropriate. The VOM content of a tint base shall be determined

without colorant that is added after the tint base is manufactured.

1) With the exception of low solids coatings, determine the VOM content in grams of VOM per liter of coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water and exempt compounds. Determine the VOM content as follows:

VOM Content = (Ws

- Ww

- Wem ) (Vm

- Vw

- Vem)

Where:

VOM content = grams of VOM per liter of coating

Ws = weight of volatiles, in grams

Ww = weight of water, in grams

Wem = weight of exempt materials, in grams

Vm = volume of coating, in liters

Vw = volume of water, in liters

Vem = volume of exempt materials, in liters

2) For low solids coatings, determine the VOM content in units of grams of VOM per liter of coating thinned to the manufacturer's maximum recommendation, including the volume of any water and exempt compounds. Determine the VOM content as follows:

VOM Content (ls) = (Ws

- Ww

– Wem (Vm)

Where:

VOM content (ls) = the VOM content of a low solids coating in grams per liter of coating

Ws = weight of volatile, in grams

Ww = weight of water, in grams

Wem = weight of exempt materials, in grams

Vm = volume of coating, in liters

b) VOM Content of Coatings. To determine the physica l properties of a coating in order to perform the calculations in subs e ction (a), the reference method for VOM content is USEPA Method 24, incorporated by reference in Section 223.120, except as provided in sections 223.350 and 223.360. An alternative met hod to determine the VOM content of coatings is SCAQMD Method 304

- 91,102

incorporated by reference in Section 223.120. The exempt compounds content shall be determined by SCAQMD Method 303

- 91, incorporated by reference in

Section 223.120. To determine the VO M 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., qu ality 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 a pproved as specified in Section 223.350. The Agency may require the manufacturer to conduct a Method 24 analysis.

Section 223.350 Alternative Test Methods

Other test methods demonstrated to provide results that are acceptable for purposes of deter

minin g compliance with S ection 223.340(b), after review

, and approv al 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 coat in gs 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 provisi ons of this Subpart:

a) Flame Spread Index. The flame spread index of a fire

- retardant coating shall be determined by ASTM E84

- 07, Standard Test Method for Surface Burning Characteristics of Building Materials (see Section 223.307, Fire

- Retardant Coating ) or an equivalent method approved by the CARB.

b) Fire

- Resistance Rating. The fire

- resistance rating of a fire

- resistive coating shall be determined by ASTM E119

- 98 E119

- 05a , Standard Test Methods for Fire Tests of Building Construction Materials ( see Se ction 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.103

d) Metal Content of Coatings. The metallic content of a coating shall be determined by SCAQMD Method 318

- 95, Determination of Weight Percent Eleme ntal 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 se t

- to

- touch, dry

- hard, dry

- to

- touch and dry

- to

- recoat times of a coating shall be determined by ASTM Designation D 1640

- 03, Standard Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature ( see Section 223.307, Quick

- Dry Enamel and Quick

- Dry Primer, Sealer, and Undercoater). The tack free time of a quick

- dry enamel coating shall be determined by the Mechanical Test Method of ASTM D1640

- 03, or an equivalent method approved by the CARB.

g) Surface Chalkiness. The chalkiness of a surface shall be determined using ASTM

D4214

- 98 Standard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films ( see Section 223.307, Specialty Primer, Sealer, and Undercoater)

, or an equivalent method approved by the CARB.

h) Exempt Compounds

– Siloxanes. Exempt compounds that are cyclic, branched, or linear, completely methylated siloxanes shall be analyzed as exempt compounds for compliance with Section 223.340 by BAAQMD Method 43, Determination of Volatile Methylsiloxanes in Solv ent

- Based Coatings, Inks, and Related Materials, BAAQMD Manual of Procedures, Volume III, ( see Section 223.307, VOM content, and S ection 223.340(b)).

i) Exempt Compounds

- Parachlorobenzotrifluoride (PCBTF). The exempt compound parachlorobenzotrifluoride shall be analyzed as an exempt compound for compliance with Section 223.340 by BAAQMD Method 41, Determination of Volatile Organic Compounds in Solvent

- Based Coatings and Related Materials Containing Parachlorobenzotrifluoride, BAAQMD Manual of Procedures

, Volume III ( see Section 223.307, VOM V ontent , and S ection 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 C ontent , and S ection 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

Volati le Matter Content, Water Content, Density, Volume Solids, and Weight104

Solids of Surface Coatings ( see S ection 223.340(b)), or an equivalent method approved by the CARB.

l) Alternative VOM Content of Coatings. The VOM content of coatings may be analyzed by either USEPA Method 24 or SCAQMD Method 304

- 91, Determination of Volatile Organic Compounds (VOC) in Various Materials, SCAQMD Laboratory Methods of Analysis for Enforcement Samples ( see S ection 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

Ma rking Coatings ( see S ection 223.360)

, or an equivalent method approved by

the CARB.

IT IS SO ORDERED.

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that the Board adopted the above opinion and order on March 19 , 2009 , by a vote of 5

- 0

.

___________________________________ John T. Therriault, Assistant Clerk

Illinois Pollution Control BoardCO-CHAIR:SEN.MAGGIECROTTYCO-CHAIR:REP.ANGELOSKIPSAVIANOEXECUTIVEDIRECTOR:VICKITHOMAS700STRATTONBUILDINGSPRINGFIELD,ILLINOIS62706217/785-2254SEN.J.BRADLEYBURZYNSKISEN.RANDALLHULTGRENSEN.MATTIEHUNTERSEN.DANRUTHERFORDSEN.IRASILVERSTEINREPJOHNFRITCHEYREPLOULANGREPDAVIDMILLERREPDONALDMOFFITTREPROSEMARYMULLIGANDearChairmanGirard:ThisistonotifyyouthatJCARconsideredthefollowingproposedrulemakingatits4/21/09meeting:StandardsandLimitationsforOrganicMaterialEmissionsforAreaSources(35Iii.Adm.Code223)32Ill.Reg.17301-11/7/08IfyouragencyhasagreedtoanysubstantivemodificationsduringitsdiscussionswithJCAR,theyaredescribedinthe“Agreementsattachedtothecertification.Basedontheseagreements,aswellastheotherresponsesyouhaveprovidedtheCommitteeduringthereviewofthisrulemaking,JCARhasdeterminedthatNoObjectionwillbeissued.Enclosedyouwillfindformalcertificationofthisaction.TherulemakingmaynowbeadopteduponfilingwiththeOfficeoftheSecretaryofState.PleasenotethatthefactthattheCommitteehasnotobjectedtothisrulemakingdoesnotnecessarilyconstituteapproval,expressedorimplied,ofthesubstanceoftherulemaking.Thankyouforthecooperationyouragencyhasshownduringourreviewoftheseissues.Sincerely,t7I/;rcSenatorMaggieCrottyCo-ChairmanCo-ChairmanSkip”SavianoSMC:RBH:DC:rmcc:TimFoxEnc.JOINTCOMMITTEEONADMINISTRI4TIVERULESILLINOISGENERALASSEMBLYApril21,2009TaimerGirard,ChairmanPollutionControlBoardJamesR.ThompsonCenter100W.Randolph,Suite11-500Chicago,Illinois60601

RECEIVEDCLERK’SOFFICE APR 222009STATEOFILLINOISPOlltjonControlBoardSECONDNOTICECHANGESAgency:PollutionControlBoardRulemaking:StandardsandLimitationsforOrganicMaterialEmissionsforAreaSources(35III.Adm.Code223;32Ill.Reg.17301)Changes:1.Inlines178-192,changethesubsectionlabelsfrom“k”through“q”to“j’through“p’.2.Inline833,addquotesaround“HVOC”.3.Inline1223,deletetheredundantperiod.4/8/09CO-CHAIR:SEN.MAGGIECROTTYCO-CHAIR:REP.ANGELOSKIPSAVIANOEXECUTIVEDIRECTOR:VICKITHOMASJOINTCOMMITTEEONADMINISTRATIVERULESILLINOISGENERALASSEMBLY700STRATTONBUILDINGSPRINGFIELD,ILLINOIS62706217/785-2254SEN.J.BRADLEYBURZYNSKISEN.RANDALLHULTGRENSEN.MATTIEHUNTERSEN.DANRUTHERFORDSEN.IRASILVERSTEINREP.JOHNFRITCHEYREP.LOULANGREPDAVIDMILLERREPDONALDMOFFITTREPROSEMARYMULL1GANJOINTCOMMITTEEONADMINISTRATIVERULESCERTIFICATIONOFNOOBJECTIONTOPROPOSEDRULEMAKINGThisistocertifythattheJointCommitteeonAdministrativeRules,atits4/21/09meeting,consideredStandardsandLimitationsforOrganicMaterialEmissionsforAreaSources(35Iii.Adm.Code223),proposedbythePollutionControlBoardandpublishedinthe11/7/08issueoftheIllinoisRegister.Afterconsideration,andbasedupontheagreements,formodificationoftherulemakingmadebytheagencyandattachedtothisdocument,theCommitteedeterminedthatnoObjectionwillbeissuedtotheabove-mentionedrulemaking.April21,2009VickiThomasExecutiveDirectorAttachments:Agreements