R08-17

(Rulemaking - Air)

Electronic Filing. Received, Clerk's Office, July 25, 2008

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BEFORE THE ILLINOIS POLLUTION CONTROL BOARDIEPA ATTACHMENT No.1R

IN THE MATTER OF: )

)

PROPOSED NEW 35 ILL. ADM. CODE )

PART 223 STANDARDS AND )

LIMITATIONS FOR ORGANIC )

MATERlAL EMISSIONS FOR AREA )

SOURCES )

NOTICE OF FILING

TO: John Therriault

Assistant Clerk ofthe 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 ofthe 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 ofthe 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 ofIts 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
Electronic Filing - Received, Clerk·s Office, July 25, 2008

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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 )

MATERlAL 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 ofthe \

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

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

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: )

)

PROPOSED NEW 35 ILL. ADM. CODE )

PART 223 STANDARDS AND )

LIMITATrONS 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 ofits 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 ofthe 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 ofVolatile 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 itselfis 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 ofits 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 ("USEPA") 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 USEPA 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 USEPA "continues to struggle with its

assessment ofthe 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 ofAir Quality Planning and

Standards ofthe USEPA, to Lauren Lurkins, regarding the status ofthe USEPA'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 ofthe 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 ofits 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 ofits proposal

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

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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 ofthe 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

ofthe 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 1O.

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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.

1I. 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 ofJanuary 1,2005, because it was not finalized until September 13,2006. Instead,

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

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

version ofthe 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 oftimes 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 ofthe Illinois EPA's rule may well have come

from its review of aTC 2006, which itselfis 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 ofthe 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 ofits 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 ofits 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 ofthe 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 ofthe 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 ofthe 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 ofthis 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 ofits 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 ofits Post-Hearing Comments

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

The first part ofthe 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. Ifthis is true, it would lead one to question the rationale

for including the categories at all. Ifthe 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 ofthis rulemaking proceeding. The second part ofthe 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 ofthe 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 ofthis 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 ofits 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 ofthis rulemaking proceeding.

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

impact of emission reductions from at least some ofthese 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

EPA 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 ofthis 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 ofthe 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 ofits 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 ofthe 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 ofthe

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), HCFC-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 ofits 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 ofregulating hazardous air pollutants when they

developed their rules. The aTC made this clear in the introductory notes ofExhibit 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 ofthe 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 ofthe 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 ofthe

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 ofits 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 ofthe 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 ofthe significant economic impact of

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

analysis ofthe 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 ofthe rule without teclmical and economic analyses for certain affected

categories. Hearing Transcript at 40. In paragraph 12 ofits 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 ofthe information contained herein, IERG respectfully requests

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

ofthe Illinois EPA's proposed rule:

aption 1 :

aption 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 USEPA 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 ofthe

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

16
Lauren 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 ofthe Illinois Environmental Regulatory Group upon:

Mr. John Therriault

Assistant Clerk ofthe 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 Avenue 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 ofIllinois

400 West Monroe

Suite 205

Springfield, Illinois 62704

Virginia Yang, Esq.

Deputy General Counsel

Illinois Department ofNatural 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 - R08-17
ILLINOIS 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.) 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 35 Ill. Adm. Code 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 VOC1) from various consumer and commercial 

products, architectural and industrial maintenance (AIM) products, and aerosol coatings. 

The first-notice amendments set forth below are intended primarily to reduce VOM 

emissions from consumer products and AIM products. The proposed regulations include VOM 

content standards for those two product categories, exemptions and compliance alternatives, and 

various labeling, recordkeeping and reporting requirements. Publication 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 the issues raised both at hearing and in public 

comments. The Board then analyzes the background of federal requirements and the source of 

the Agency’s proposal. The Board then addresses 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 written public comment from 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). The Board has not received a response to this request. 

In an order dated February 13, 2008, the hearing officer scheduled a first hearing on April 

30, 2008, in Springfield and a second hearing on June 4, 2008, in Chicago. Also in that order, 

the hearing officer noted that the TSD included a list of approximately 600 entities potentially 

affected by the proposal. See TSD, Appendix A (Potentially Affected Manufacturers in Illinois). 

The order stated that the Board began the proceeding by including each of those entities in its 

Notice List and mailing each of them a copy of the order. However, the order also stated that it 

would that it would mail copies of any subsequent opinions and orders only to those who 

specifically indicated that they wished to remain on the Notice List. The order included an 

Attachment A, which provided an electronic mail address, a facsimile number, and a mailing 

address through which potentially affected entities could indicate their wish to remain on the 

Notice List. The order also included an Attachment B, which contained the names and addresses 

of all of the entities listed by the Agency in Appendix A to its TSD and to each of which the 

Board had mailed the hearing officer order dated February 13, 2008. 

On April 14, 2008, the Board received prefiled testimony from Mr. Joseph Yost on behalf 

of the Consumer Specialty Products Association (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 place 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 Environmental Protection Agency (USEPA) and entitled 

“National Volatile Organic Compound Emission Standards for Aerosol Coatings” (Exh. 1). Tr.1 

at 42; see 73 Fed. Reg. 15604-31 (Mar. 24, 2008). The second, a direct final rule adopted by 

USEPA, clarifies and amends certain regulatory language in the aerosol coatings final rule (Exh. 

2). Tr.1 at 42; see 73 Fed. Reg. 15421-25 (Mar. 24, 2008). 

 On May 19, 2008, the Board received an additional 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 “Model Rule for Consumer Products” developed by the 
3

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 received by the Board’s Clerk on 

June 4, 2008 (Exh. 4 or Errata 2). 

 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 posthearing comment. The order noted that the Board had mailed a copy of the February 13, 2008, 

hearing officer to each of approximately 600 entities listed by the Agency as potentially affected 

by the proposal. The order also noted that the Board stated it would mail copies of subsequent 

opinions and orders only to those who specifically indicated that they wished to remain on the 

Notice List. The order stated that the Board had received this indication from approximately 40 

entities. The order also indicated that, after the Board mailed the 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 addresses of those entities from which the February 13, 

2008 hearing officer order had been returned to the Board by the USPS. 

 On July 10, 2008, the Agency filed its post-hearing comments (PC 3). Also on July 10, 

2008, the Agency filed its third errata sheet (Errata 3). On July 25, 2008, the Illinois 

Environmental Regulatory Group (IERG) filed its response to the Agency’s post-hearing 

comments (PC 4). On July 29, 2008, the hearing officer received through electronic mail a 

number of questions and statements regarding the Agency’s proposal from 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). 

Filing Public Comments

First-notice publication of these 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 filed 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. 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. 
4

Chicago, IL 60601 

As an alternative, public comments may be filed with the Clerk 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 served on the hearing officer and on those persons on 

the Service List for this rulemaking. Before filing any document with the Clerk, please check 

with the hearing officer or the Clerk’s Office to verify the current 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 proposed 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 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. NPCA argues that “[i]t is impossible for manufacturers to make these 

necessary changes and properly communicate the details of the IL AIM rule without having a 

final adopted rule in hand, particularly, as additional changes may occur between 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 reactivity 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 aerosol coatings rules on California Air Resource 

Board (CARB) regulations that have employed a reactivity-based standard since January 1, 2003. 

Statement at 4, citing CAL. CODE REGS., tit. 17, §§94521-24, 94526 (2001); see Prop., Att. A(11) 

(Final Regulation Order for Reducing the Ozone Formed from Aerosol Coating Product 

Emissions). 

 In her testimony prefiled for the first hearing, Ms. McAuliffe stated 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 about the possibility that it would be difficult for 

state regulators continually to amend state rules to make them consistent with the federal rules. 

See Tr.1 at 35-37. Noting that some time may elapse between a change in the federal rules and 

the adoption of that change at the state level, she argued that it would be difficult for 

manufacturers to comply with rules during any periods when they are not consistent with one 
5

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 “that the aerosol coatings proposal be withdrawn.” McAuliffe 

Test. at 4. 

 In responding to questions at the first hearing, Mr. Davis 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 that were to clear all the challenges and become 

a final rule, then we would consider withdrawing that portion of the rule.” Id. At the second 

hearing, counsel for the Agency stated that, according 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 relating to it, in the subsequent 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 providing in its entirety that, “[i]f any Section, 

subsection, or clause of this Part [223] is found invalid, such finding shall not affect the validity 

of this Part as a whole or any Section, subsection, or clause not found invalid.” Prop. at 2 

(proposed new Section 223.100), Statement at 13. 

Abbreviations and Acronyms (Section 223.105)

 The Agency proposes to add a section providing that, “[u]nless otherwise specified 

within this Part [223], the abbreviations used in this Part shall be the same as those found in 35 

Ill. Adm. Code 211.” Prop. at 2 (proposed new Section 223.105), Statement at 13; see 35 Ill. 

Adm. Code 211 (definitions and general provisions applicable to emission standards and 

limitations for stationary sources). The proposed new section lists a number of abbreviations and 

acronyms. Prop. at 3; see also TSD at 2 (List of Acronyms). In its third errata sheet, the 

Agency struck five acronyms on the basis that they “are no longer necessary 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 incorporating by reference various materials. 

Prop. at 3-6 (proposed new Section 223.120), Statement at 13. The proposed new section 

specifically provides that “[t]hese incorporations do not include any later amendments or 

additions.” Prop. at 3, Statement at 13. 

 During the second hearing, the hearing officer directed to the Agency a number of 

questions about this proposed section. First, regarding subsections (a) through (e) incorporating 

materials from the Code of Federal Regulations, the hearing officer requested that the Agency 

make these five incorporations consistent with one another, particularly with regard to their 

citations to the Federal Register. Tr.2 at 52-53. The Agency addressed this request in its third 

errata sheet. Errata 3 at 2-3. 

 Second, regarding various subsections in which the Agency sought to incorporate 

materials from the South Coast Air Quality Management District (SCAQMD), Bay Area Air 

Quality Management District (BAAQMD), and CARB, the hearing officer requested that the 

Agency supply an address for these three entities through which the public can obtain copies of 

the materials sought to be incorporated. Tr.2 at 53; see 5 ILCS 100/5-75(a) (2006) (Illinois 

Administrative Procedure Act). The Agency addressed this request in its third errata sheet. 

Errata 3 at 4. 

 Third, referring to subsection (i) in the Agency’s proposal, the hearing officer noted that, 

although an SCAQMD analytical method filed with the Board indicates approval in July 1996, 

the proposed incorporation refers to approval on August 10, 1998. Tr.2 at 53; see Prop. at 5 

(proposed Section 223.120(i)); but see Prop., Att. B(i) (SCAQMD Method 318-95 approved July 

1996). The hearing officer asked that the Agency “clarify whether there is a subsequent version 

of this method that the Board would need to obtain as part of its record in its proceeding.” Tr.2 

at 53. The Agency did not specifically address this issue in its third errata sheet. See Errata 3 at 

2-5 (amending proposed Section 223.120). Accordingly, the Board 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 amendment, 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 incorporation refers to amendments dated May 

18, 2005. Tr.2 at 54; see Prop. at 5 (proposed Sections 223.120(j), (k)); but see Prop., Att. B(j), 

(k) (BAAQMD Methods 43 and 41, respectively). The hearing officer asked that the Agency 

clarify “whether there is a subsequent version of the method that the Board would need to obtain 

a copy of for the record in this proceeding.” Tr.2 at 54. The Agency did not specifically address 

this issue in its third errata sheet. See Errata 3 at 2-5 (amending proposed Section 223.120). 

Accordingly, the Board 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) (requiring Board to maintain copy of 

incorporated material). The Board seeks comment by the Agency and other participants on this 
7

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 Agency’s proposal, 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) (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 incorporated material). The Board seeks comment 

by the Agency and other participants on this amendment, 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, the hearing officer noted that 

Agency wishes to incorporate a provision of the California Administrative Code. Tr.2 at 54; see 

Prop. at 5 (proposed subsection 223.120(n)), CAL. CODE REGS., tit. 17, § 94509. The hearing 

officer noted that, in the copy of those regulations filed with the Board, five images appearing to 

contain VOC content limits appeared as not available for printing. Tr.2 at 55; see Prop., Att. 

B(n) (regulatory language). The hearing officer requested that the Agency complete the 

document by filing a copy including those images. Tr.2 at 55. The Agency responded to this 

request by filing a copy of the regulatory language as an attachment to its post-hearing 

comments. PC 3, Att. 3. 

 Finally, the Board notes that the Agency in its third errata sheet 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 commercial products through a rule promulgated on 

September 11, 1998. TSD at 5, citing 40 C.F.R. 59 Subpart D; TSD at 17 (noting authority 

under Section 183(e) of Clean Air Act). Use of these products results in solvent evaporation and 

the emission of VOM. TSD at 9. The USEPA rule limits the VOM content of 24 categories of 

consumer and commercial products and is estimated to have reduced VOM emissions from those 

categories by 20 percent from uncontrolled levels. TSD at 5, 17. Emissions attributable to those 

24 categories, however, “account for only 48 percent of the consumer and commercial products 

emission inventory.” Id. at 5-6, 17, citing Prop., Att. A(3) (Interim White Paper – Midwest 

Regional Planning Organization Candidate Control Measures, Source Category: Consumer and 

Commercial Products, MACTEC, December 1, 2005). 
8

 Under the USEPA rule, “a consumer product is any household or institutional product 

(including paints, coatings, and solvents), or substance, or article (including any container or 

packaging) held by any person, the use, consumption, storage, disposal, destruction, or 

decomposition of which may result in the release of VOC.” TSD at 8, citing 40 C.F.R. 59.202; 

Statement at 5. “Consumer and commercial products are chemically formulated products used 

by household and institutional consumers including, but not limited to, detergents; cleaning 

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

products; disinfectants; sanitizers; aerosol paints; and automotive specialty products.” TSD at 8, 

Statement at 5-6. The description also includes aerosol adhesives, including those for consumer, 

industrial, and commercial uses. TSD at 8, Statement at 6. It does not however, “include other 

paint products, furniture coatings, or architectural coatings.” TSD at 8, Statement at 6. 

“Consumer and commercial products are sold to retail customers for personal, household, or 

automotive use” and also are sold “by wholesale distributors for use in commercial or industrial 

settings such as beauty shops, schools, and hospitals.” TSD at 8. 

 The Agency notes that the Emission Inventory Improvement Program separates the 

category of consumer and commercial products into seven product 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 proposed rules, 

however, the Agency divides the source category into 59 product categories, each with a VOM 

content limit expressed in terms of 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 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 pounds per year per person. TSD at 15 (Table 

2.2.2 Consumer Product Emission Factors by Category), Prop., Att. A(15) at 46 (Table 4-12 

Consumer Solvent Use Emission Factors (lb/person/year)). 

 The Agency’s data also include an inventory of VOM emissions attributable to consumer 

and commercial products during both the ozone season and the entire year. TSD at 15-16 (Table 

2.2.3), citing Prop., Att. A(2) (Illinois Periodic Emission Inventory and Milestone Demonstration 

for 2002); Prop., Att. A(15) (Illinois Base Year Ozone Inventory for 2002 (June 2006)). The 

data show that “consumer and commercial products account for approximately 4.95% of total 

statewide anthropogenic VOM emissions during the ozone season and approximately 8.51% of 

those emissions for the entire year. TSD at 9, 16, Statement at 6. In the Metro East/St. Louis 

NAA, consumer and commercial products account for approximately 4.93% of total 

anthropogenic VOM emissions during the ozone season and approximately 6.89% of those 

emissions for the entire year. TSD at 9, 16, Statement at 6. In the Chicago NAA, consumer and 

commercial products account for approximately 9.22% of total anthropogenic VOM emissions 

during the ozone season and approximately 13.45% of those emissions for the entire year. TSD 

at 9, 16, Statement at 6. “Consumer and commercial products are estimated to emit 81.86 tons of 
9

VOM per day in Illinois” during the ozone season and to emit 124.80 tons per day over the entire 

year. TSD at 16 (Table 2.2.3); see Statement at 6. 

 The Agency claims 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 argues that “[o]ther measures for 

reduction in this category include increasing the solids content of products, formulating nonVOM 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 estimates that adoption of its proposed rule “will result in a 14.2% reduction 

in VOM emission from consumer and commercial products beyond those achieved by the 

current federal rule.” Statement at 7, TSD at 29, citing Prop., Att. A(3) (Interim White Paper – 

Midwest Regional Planning Organization Candidate Control Measures, Source Category: 

Consumer and Commercial Products, MACTEC, December 1, 2005). This translates into a 

reduction of approximately 17.72 tons per day or 6468 tons of VOM per year in Illinois. 

Statement at 7, TSD at 29, citing Prop., Att. A(15) (Illinois Base Year Ozone Inventory for 2002 

(June 2006)). This represents “a reduction of nearly 1% of the total anthropogenic VOM 

emissions in the State.” Statement at 7, TSD at 29. 

 In his testimony prefiled on behalf of CSPA on April 14, 2008, Mr. Yost indicted that 

USEPA is developing revisions to its consumer products rule and that USEPA expects to issue 

its proposed revisions in May of 2008. Yost Test. at 3. At the first hearing, Mr. Yost elaborated 

that USEPA considered May to remain the target date for issuance of the revised consumer 

products rule. Tr.1 at 46 (referring to discussions with Mr. Bruce Moore of USEPA). He also 

stated that he expected the implementation date of the revised rule to fall sometime between May 

and August of 2009. Id. Similarly, IERG expects USEPA to propose amended consumer 

products rule in the late summer or early fall of 2008 with promulgation in the spring of 2009. 

PC 4 at 3 (referring to e-mail from Mr. Bruce Moore of USEPA). 

 In his testimony at the first hearing, Mr. Davis acknowledged that the Agency “would 

have to address” any ways in which a USEPA proposal differed from its own. Tr. 1 at 11-12. At 

the second hearing, however, he indicated that the expected date for proposing and promulgating 

that USEPA consumer products rule “keeps getting pushed back.” Tr.2 at 11. 

Purpose (Section 223.200)

 The Agency proposes to add a section providing in its entirety that “[t]he purpose of this 

Subpart [B] is to limit emissions of volatile organic materials (VOMs) by requiring reductions in 

the VOM content of consumer and commercial products.” Prop. at 6 (proposed new Section 

223.200), Statement 13. 

Applicability (Section 223.201)
10

 The Agency proposes to add a section providing in its entirety that, “[e]xcept as provided 

in Section 223.230 [Exemptions], this Subpart shall apply to any person who sells, supplies, 

offers for sale, or manufactures consumer products on or after 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 Section 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 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 Agency 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 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 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 January 1, 2009, any antiperspirant 

or deodorant that contains any” of 17 listed compounds. Prop. at 35 (proposed Section 

223.205(b)), Statement at 14. 

 In his testimony on behalf of the Agency, Mr. Davis expressed the assumption that 

affected entities had sufficient time to comply with the provisions of the proposed rule by the 

compliance date of January 1, 2009. Tr.2 at 9. His testimony also acknowledged that, because 

compliance with the ozone standard must be demonstrated by June 15, 2010, the Agency’s 

proposal can potentially influence only the 2009 ozone season. Id. at 10. In her testimony on 

behalf of IERG, Ms. Hodge asked why the Agency had “waited until this point in time to 

propose the rule?” Id. at 10-11. In its post-hearing comments, the Agency responded that it 

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

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

and the now withdrawn Aerosol Coating rule. An extensive amount of 
11

consultation with the affected industry groups to ensure the rules were consistent 

and acceptable to stakeholders was an additional factor in the timing of the 

Agency’s filing of the proposed regulations. PC 3 at 1 (§2); see Davis Test. at 3. 

In his testimony on behalf of the CSPA, Mr. Yost noted that, unlike the OTC model rule, the 

Agency’s proposal included no provision for obtaining a variance from the VOM content 

standards. Tr.1 at 39. Addressing that issue for the Agency, Mr. Davis stated that “Illinois has 

its own variance procedures that we follow.” Id., see 415 ILCS 5/35-38 (Variances). Ultimately, 

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 Agency proposes to add a section providing that, “[f]or consumer products for which 

the label, packaging, or accompanying literature specifically states that the product should be 

diluted with water or non-VOM solvent prior to use, the limits specified in Section 223.205(a) 

shall apply 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 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 should be diluted with any VOM solvent prior to 

use, the limits specified in Section 223.205(a) shall apply to the product only after the maximum 

recommended dilution has taken place.” Prop. at 36 (proposed Section 223.206(c)), Statement at 

15. 

Products Registered under the Federal Insecticide, Fungicide, and Rodenticide Act 

(FIFRA) (Section 223.207)

 The Agency proposes to add a section providing that, for products registered under 

FIFRA, “the effective date of the VOM standards 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 incorporated by reference.” Errata 2 

at 4 (§3). In responding to a question at the first hearing, Mr. Yost accounted for this effective 

date. He stated that a number of consumer products, such as those that kill mold or mildew, are 

regulated as a pesticide by FIFRA. Tr.1 at 29. He further stated that changes such as the 

formulation or labeling of pesticides require approval under FIFRA both by USEPA and the state 

Department of Agriculture. Id. at 29-30. He testified that the OTC model rule and regulations in 

other states all “provide one additional year because it takes that additional time to work through 

other sister agencies to get approval for any type of change.” Id. at 30. 

Requirements for Aerosol Adhesives (Section 223.208)

 The Agency 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, 
12

including consumer, industrial, and commercial uses.” Prop. at 36 (proposed Section 

223.208(a)), Statement at 15; see Prop., Att. B(o) (CAL. HEALTH AND SAFETY CODE § 

41712(h)(2) (2005)). In its second errata sheet, the Agency proposed to clarify that this 

California provision was incorporated by reference. Errata 2 at 4 (§4). 

The proposed section continues by stating that, subject to specified exceptions, “no 

person shall sell, supply, offer for sale, use or manufacture for sale in Illinois any aerosol 

adhesive which, at the time of sale, use, or manufacture, contains VOMs in excess of the 

specified standard.” Prop. at 36 (proposed Section 223.208(a)), Statement at 15. In its third 

errata sheet, the Agency proposed to strike an inadvertently repeated cross-reference to one of 

the stated exceptions. Errata 3 at 7 (§4); see Tr.2 at 56. 

 The Agency also proposes a subsection (b) providing that, in order to qualify as a 

“Special Purpose Spray Adhesive,” a product must satisfy one or more of the proposed 

definitions of that term. Prop. at 36 (proposed Section 223.208(b)(1)), Statement at 15; see Prop. 

at 26-27 (proposed definition). The proposed subsection (b) continues by providing that, “if the 

product label indicates that the product is suitable for use on any substrate or application not 

listed in the definitions for “Special Purpose Spray Adhesive, then the product shall be classified 

as either a “Web Spray Adhesive” or a “Mist Spray Adhesive.” Prop. at 36-37 (proposed Section 

223.208(b)(1)), Statement at 15-16. The 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,” “then the VOC limit for the product shall be the 

lowest applicable VOM limit specified in Section 223.205(a) (Standards).” Statement at 16, 

Prop. at 37 (proposed Section 223.208(b)(2)). 

 The Agency also proposes a subsection (c) stating that, effective January 1, 2009, “no 

person shall sell, supply, offer for sale, or manufacture for use in Illinois” aerosol adhesives 

containing any of three specified compounds. Prop. at 37 (proposed Section 223.208(c)), 

Statement at 16. The Agency also seeks to require that all aerosol adhesives must comply with 

proposed additional labeling requirements for aerosol adhesives, adhesive removers, electronic 

cleaner, electrical cleaner, energized electrical cleaner, and contact adhesives. Prop. at 37 

(proposed Section 223.208(d)), Statement at 16; see Prop. at 43-44 (proposed Section 223.265 

additional labeling requirements). 

Requirements for Floor Wax Strippers (Section 223.209)

 The Agency proposes to add a section providing that, on and after January 1, 2009, no 

person shall sell, supply, offer for sale, or manufacture for use in Illinois any floor wax stripper 

unless certain special labeling requirements concerning dilution ratios are met.” Statement at 16, 

Prop. at 37 (proposed Section 223.209). Specifically, non-aerosol floor wax stripper labels must 

specify, for light or medium build-up of polish, a dilution ratio resulting “in an as-used VOM 

concentration of three percent by weight or less.” Prop. at 37 (proposed Section 223.209(a)). 

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 providing that, for consumer products subject to 

VOM content standards, “no person shall sell, supply, offer for sale, or manufacture for sale in 

Illinois any consume product which 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 proposes 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), 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 Agency 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 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 effective CARB certification under a specified California regulation. 

Prop. at 38 (proposed Section 223.220(a)), Statement at 17; see Prop., Att. B(n) (CAL. CODE 

REGS. tit. 17, § 94509(h) (2005)). In its second errata sheet, the Agency clarified that this 

California provision was incorporated by reference. Errata 2 at 4-5 (§5). The Agency also seeks 

to clarify that “[t]his certification remains in effect for Illinois for as long as the CARB 

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

 The Agency 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 the USEPA that was current at the time of the 

transaction.” Prop. at 39 (proposed Section 223.220(b)), Statement at 17. Finally, the Agency 

also proposes that a manufacturer claiming to have this certification must submit, at the 

Agency’s request, “a copy of the certification decision, including all conditions applicable to the 

certification established by CARB or the air pollution agency of another state and 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 categories of products that are exempt from the 

proposed regulation. Prop. at 39-40 (proposed Section 223.230), Statement at 17. First, the 

Agency proposes to exempt “any consumer product manufactured in Illinois for shipment and 

use outside of Illinois, as long as the manufacturer or distributor can demonstrate both that the 

consumer product is intended for shipment and use outside of Illinois, and that the manufacturer 

or distributor has taken reasonable, prudent precautions to assure that the consumer product is 
14

not distributed to Illinois.” Prop. at 39 (proposed Section 223.230(a)), Statement at 17. Second, 

the Agency proposes that, “[f]or antiperspirants or deodorants, ethanol shall not be considered a 

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

Section 223.205(a).” Prop. at 39 (proposed Section 223.230(b)), Statement at 17: see Prop. at 

29-35 (proposed Section 223.205 standards). Third, the 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 product and shall not apply to colorants up to a combined level of 

two percent by weight contained in any antiperspirant or deodorant.” Prop. at 39 (proposed 

Section 223.230(c)), Statement at 17-18. Fourth, the Agency also seeks to provide that the VOM 

content limits “for antiperspirants and deodorants shall not apply to those volatile organic 

materials that contain more than 10 carbon atoms per molecule and for which the vapor pressure 

is unknown, or that have a vapor pressure of two mm Hg or less at 20oC.” Prop. at 39 (proposed 

Section 223.230(d)), Statement at 18. 

 Fifth, the Agency proposes that the VOM content limits “shall not apply to any LVPVOM [Low Vapor Pressure – Volatile Organic Material].” Prop. at 39 (proposed Section 

223.230(e)). In responding to a question at the first hearing, Mr. Davis indicated that, if a 

product contains other types of VOM, it is still subject to the VOM standards. Tr.1 at 32. Sixth, 

the agency 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 Agency proposes to exempt from VOM content limits “ air 

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

Section 211.7150 or exempted under subsection 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 exempt from VOM content limits “insecticides 

containing at least 98% para-dichlorobenzene.” 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. Tenth, and finally, the Agency proposes to exempt “bait station 

insecticides” from VOM content limits. Prop. at 40 (proposed Section 223.230(j)). For the 

purpose of this section, the proposal defines “bait station insecticides” as “containers enclosing 

an insecticidal bait that is not more than 0.5 ounce by weight, where the bait is designed to be 

ingested by insects and is composed of solid material feeding stimulants with less than five 

percent active ingredients.” Prop. at 40, Statement at 18. 

Innovative Product Exemption (Section 223.240)

 The Agency proposes to add a section providing an innovative product exemption, which 

allows “qualified manufacturers to sell products that have VOC contents greater than the 

applicable VOC limit, provided they demonstrate that such products actually emit less VOCs 

than representative products that comply with the VOC limit.” TSD at 19 (§2.4 Flexibility in 

Compliance Measures), Statement at 10. The Agency claims 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 
15

permit users to release less VOCs when using such products.” Statement at 10, TSD at 19-20, 

citing Prop., Att. A(6) at 61, 222 (Initial Statement of Reasons for Proposed Amendments to the 

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

 The Agency’s proposal provides that a manufacturer of consumer products granted an 

Innovative Product exemption by CARB according to specific regulations shall be exempt from 

the VOM content limits for the time the exemption remains in effect, provided that all consumer 

products within the CARB Innovative Products exemption are contained in the proposal’s 

content limits. Prop. at 40 (proposed Section 223.240(a)), Statement at 18-19; see Prop., Att. 

B(q) (CAL. CODE REGS. tit. 17, § 94511 (1997)), Prop., Att. B(r) (CAL. CODE REGS. tit. 17, § 

94503.5 (1996)). In its second errata sheet, the Agency proposed to clarify that the applicable 

California regulations were incorporated by reference. Errata 2 at 5 (§6). The Agency also 

proposes that manufacturers claiming this exemption must submit to the Agency the CARB 

decision granting the exemption, including all applicable conditions established by CARB. Prop. 

at 40, Statement at 19. 

 The Agency also seeks special recordkeeping requirements. The Agency proposes to 

require that all information specified in the approval of the innovative product exemption “shall 

be maintained by the responsible party for a minimum of three years after the expiration of such 

exemption.” Prop. at 40 (proposed Section 223.240(b)(1)), Statement at 19. The Agency also 

proposes to require that “[s]uch records shall be clearly legible and maintained in good condition 

during this period.” Prop. at 40, Statement at 19. 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 40 (proposed Section 223.240(b)(2)), Statement at 19. 

Alternative Compliance Plans (Section 223.245)

 The Agency proposes to add a section providing for an alternative compliance plan 

(ACP), which allows “for approved manufacturers of affected consumer products to use 

emissions averaging for their product lines.” TSD at 20, Statement at 10. The Agency states 

that, generally, 

emissions averaging under approved ACP plans allows manufacturers to choose 

the least-cost or other advantageous reformulation options for its product lines. 

Rather than directly complying with the VOC limit for each product, 

manufacturers can choose to ‘overcomply’ with some reformulations in order to 

offset the ‘undercompliance’ of other product lines. TSD at 20, citing Prop., Att. 

A(6) at 222 (Initial Statement of Reasons for Proposed Amendments to the 

California Consumer Products Regulations (Sept. 10, 1999)); Statement at 10-11. 

The Agency’s proposal indicates that the purpose of the ACP provisions is 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 Agency proposes to allow responsible ACP 

parties the option of voluntarily entering into separate ACPs for consumer products and limits 

the option to those responsible parties. Prop. at 40, Statement at 19; see Prop. at 24 (defining 

“Responsible ACP Party”). 
16

 The Agency’s proposal provides that a manufacturer of consumer products that have been 

granted an ACP agreement by CARB according to specific regulations shall be exempt from the 

VOM content limits for the time the ACP agreement remains in effect, provided that all 

consumer products used for emissions credits are contained in the proposal’s content limits. 

Prop. at 40-41 (proposed Section 223.245(b)), Statement at 19-20; see Prop., Att. B(p) (CAL. 

CODE REGS. tit. 17, § 94540-55 (1996). In its second errata sheet, the Agency proposed to 

clarify that the California regulations were incorporated by reference. Errata 2 at 5 (§7). The 

Agency also proposes that manufacturers claiming to have an ACP agreement must submit to the 

Agency the CARB decision on the ACP, including all applicable conditions established by 

CARB. Prop. at 41, Statement at 20. 

 The Agency also seeks special recordkeeping requirements. The Agency proposes to 

require that all information specified in the approval of the ACP “shall be maintained by the 

responsible ACP party for a minimum of three years after the expiration of 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 package, the day, month, and year on which the 

product was manufactured, or a code indicating such date.” Prop. at 41 (proposed Section 

223.250(a)), Statement at 20. Second, the proposal provides a code for indicating the date of 

manufacture and states that, if the code is separate from other codes on the product container so 

that it is easily recognizable, then the manufacturer need not comply with additional product 

dating requirements. Prop. at 41 (proposed Section 223.250(b)), Statement at 20; see Prop. at 42 

(proposed Section 223.255 Additional Product Dating Requirements). 

 Third, the Agency originally proposed that “[t]his date or code shall be displayed on each 

consumer product container or package no later than twelve months prior to the effective date of 

the applicable [VOM content] standard.” Prop. at 41 (proposed Section 223.250(c)), Statement 

at 20. In its third errata sheet, the Agency proposed instead to strike the words “twelve months 

prior to,” stating that it had inadvertently left this language in the proposal. Errata 3 at 7-8 (§5); 

see Tr.2 at 56. Fourth, the Agency 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 Agency also proposes that these labeling requirements 

“shall not apply to products containing no VOMs (as defined in Section 223.203), or containing 

VOMs at 0.10% by weight or less.” Prop. at 42 (proposed Section 223.250(e)), Statement at 21. 

Additional Product Dating Requirements (Section 223.255)
17

 The Agency also proposes language establishing additional product labeling 

requirements. In its third errata sheet, the Agency proposed to clarify this language by striking 

the first two subsections it had originally proposed. Errata 3 at 8 (§6). The Agency stated that 

this language had been inadvertently left in the proposed rule. Id.; see Tr.1 at 18-21, Tr.2 at 56, 

Yost Test. at 6-7. As amended by the third errata sheet, the Agency’s proposal first provides 

that “[n]o person shall erase, alter, deface, or otherwise remove or make illegible any date or 

code indicating the date of manufacturer from any regulated product container without the 

express authorization of the manufacturer.” Prop. at 42 (proposed Section 223.255(a)), 

Statement at 21. The same subsection also provides that “[n]o manufacturer shall affix a date 

code that is not true for the date the item was manufactured.” Prop. at 42, Statement at 21. The 

Agency also proposes language providing that explanation of codes 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 providing that, notwithstanding the definition of 

“product category,” 

if anywhere on the principal display panel of any consumer product manufactured 

before January 1, 2009, or any FIFRA-registered insecticide manufactured before 

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

suitable for use as, a consumer product for which a lower VOC limit is specified 

in Section 223.205(a), then the lowest VOC limit shall apply. Prop. at 42 

(proposed Section 223.260(a)), Statement at 21-22. 

The proposal further states that “[t]his requirement does not apply to general purpose cleaners, 

antiperspirant/deodorant products and insecticide foggers.” Prop. at 42, Statement at 22. 

 Similarly, the Agency proposes to provide that, notwithstanding the definition of 

“product category,” 

if anywhere on the container or packaging of any consumer product manufactured 

on or after January 1, 2009, or any FIFRA-registered insecticide manufactured on 

or after January 1, 2010, or on any sticker or label affixed thereto, any 

representation is made that the product may be used as, or is suitable for use as, a 

consumer product for which a lower VOC limit is specified in Section 223.205(a), 

then the lowest VOC limit shall apply. Prop. at 43 (proposed Section 

223.260(b)), Statement at 21-22. 

The proposal further states that “[t]his requirement does not apply to general purpose cleaners, 

antiperspirant/deodorant products and insecticide foggers.” Prop. at 43, Statement at 22. 

Additional Labeling Requirements for Aerosol Adhesives, Adhesive Removers, Electronic 

Cleaners, Energized Electrical Cleaners, and Contact Adhesives (Section 223.265)
18

 The Agency proposes to add a section requiring that, in addition to the requirements of 

other specified sections of the proposal, “both the manufacturer and responsible party for each 

aerosol adhesive, adhesive remover, electronic cleaner, electrical cleaner, energized electrical 

cleaner, and contact adhesive product subject to this regulation” must ensure that all products 

clearly display five specific items of information on product containers manufactured on or after 

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 abbreviation 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 expressed as a percentage by weight, 

unless the product is included in an ACP approved by the Agency and the product exceeds the 

applicable VOM standard. Prop. at 43 (proposed Section 223.265 (a)(2)), Statement at 22-23. 

 Third, if the product is included in an ACP approved by the Agency and the product 

exceeds the applicable VOM standard, it must be labeled with the term “ACP” or “ACP 

product.” Prop. at 43 (proposed Section 223.265(a)(3)), Statement at 23. Fourth, “[i]f the 

product is classified as a special purpose spray adhesive, the applicable substrate and/or 

application or an abbreviation of the substrate and/or application that qualifies the product as 

special purpose shall be displayed.” Prop. at 43 (proposed Section 223.265(a)(4)), Statement at 

23. Fifth, if a manufacturer or responsible party uses an abbreviation as allowed by this section, 

then an explanation of that abbreviation must be filed with the Agency before the abbreviation is 

used. Prop. at 43 (proposed Section 223.265(a)(5)), Statement at 23. 

 In addition, the 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 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)

 In its original proposal, the Agency sought to require that responsible parties must submit 

specified information to the Agency within 30 days of a request. Prop. at 44 (proposed Section 

223.270(a)), Statement at 23. In its second errata sheet, responding to concerns voiced by 

members of the public, the Agency proposed to clarify that this information is due to the Agency 

within 90 days of a request. Errata 2 at 5-6 (§8); see Yost Test. at 7-8, Tr.1 at 13-16, 35. 

 The specified information first includes “[t]he name, address, and telephone number of 

the responsible party and name and telephone number of the party’s designated contact person.” 

Prop. at 44 (proposed Section 223.270(a)(1)), Statement at 23. Second, for each product subject 

to VOM content standards at the proposed Section 223.205(a), the information includes the 

product brand name, product label, product category, applicable product form(s) listed 

separately, and identification of the product as a household product, institutional product, or 

both. Prop. at 44 (proposed Section 223.270(a)(2)(A-E)), Statement at 23-24. Third, the 

responsible party must submit “[s]eparate Illinois sales in pounds per year, to the nearest pound, 

and the method used to calculate Illinois sales for each product form.” Prop. at 44 (proposed 

Section 223.270(a)(3)), Statement at 24. 
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 the total product, less container 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-containing compounds that are not fragrances; total 

all non-carbon-containing compounds; total fragrance; for products containing greater than two 

percent by weight fragrance, both the percentage of fragrance that are LVP-VOMs and the 

percent of fragrance that are all other carbon-containing compounds; and total 

parachlorobenzene. Prop. at 44-45 (proposed Section 223.270(a)(5)(A-G)), Statement at 24. 

 Sixth, the required information also includes, for each product brand name and form, “the 

identity, including the specific chemical names and associated Chemical Abstract Service (CAS) 

number” of each Section 223.205(a) compound and each LVP-VOM that is not a fragrance. 

Prop. at 45 (proposed Section 223.270(a)(6)), Statement at 24. Seventh, the responsible party 

must also submit, if a product includes a propellant, both “[t]he weight percent comprised of 

propellant for each product; and [a]n identification of the type of propellant, such as Type A, 

Type B, or Type C, or a blend of the different types.” Prop. at 45 (proposed Section 

223.270(a)(7)), Statement at 24. 

 The Agency 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, 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 (proposed Section 223.270(b)), Statement at 25. In its first errata sheet, 

the Agency proposed to clarify 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 Agency proposes language requiring that, “[i]n addition, all manufacturers 

must submit the information requested in subsection (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 Illinois EPA to require every manufacturer to submit 

information every time they sell a new product in Illinois.” Id. 

Special Reporting Requirements for Consumer Products that Contain Perchloroethylene 

or Methylene Chloride (Section 223.275)
20

 The Agency proposes to add a new section establishing special recordkeeping 

requirements. The Agency offers language stating that this provision applies to all responsible 

parties for consumer products that are subject to Section 223.205(a) [Standards] and contain 

perchloroethylene or methylene chloride and Energized Electrical Cleaners as defined in Section 

223.203 that contain perchloroethylene or methylene chloride. Prop. at 46 (proposed Section 

223.275(a)), Statement at 25. The proposal also states that “[f]or the purposes of this Section, a 

product ‘contains perchloroethylene or methylene chloride’ if the product contains 1.0 percent or 

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 responsible party must report to the Agency the 

following information for products sold in Illinois: product brand name and label with legible 

use instructions; product category; applicable product form(s) (listed separately); for each listed 

product form, total sales in Illinois during the calendar year to the nearest pound, exclusive of the 

container or packaging, and the method used to calculate Illinois sales; and the weight percent of 

perchloroethylene and methylene chloride in the consumer product, to the nearest 0.10 percent. 

Prop. at 46 (proposed Section 223.275(b)), Statement at 25-26. In its second errata sheet, 

responding to concerns voiced by members of the public, the Agency proposed to clarify that this 

information is due to the Agency within 90 days of a request. Errata 2 at 6 (§9); see Tr.1 at 16-

18. 

Calculating Illinois Sales (section 223.280)

 The Agency proposes to add a section providing in its entirety that, “[i]f direct sales data 

for Illinois are not available, sales may be estimated by prorating national or regional sales data 

by population.” Prop. at 46 (proposed new Section 223.280), Statement at 26. 

Test Methods (Section 223.285)

 In this proposed new section, the Agency first seeks to provide that “[t]esting to 

determine compliance with the requirements of this Subpart [B] shall be performed using CARB 

Method 310, Determination of Volatile Organic Materials (VOM) in Consumer Products, 

adopted September 25, 1997, and as last amended on May 5, 2005, 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 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 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 Agency 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 
21

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 Agency 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 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 that “[t]esting to determine distillation points 

of petroleum distillate-based charcoal lighter materials shall be performed using ASTM D86-

04b, 2004 edition, which is incorporated by reference in Section 223.120, or an equivalent 

method approved by the CARB.” Prop. at 47 (proposed Section 223.285(e)). In its third errata 

sheet, the Agency proposed “to correct the citation to the ASTM [86-07b, 2007] and reconcile it 

with the newer version which was incorporated by reference.” Errata 3 at 9 (§7); see Tr. 2 at 56-

57. Above, the Board noted that the Agency in its third errata sheet proposed to add to the 

materials incorporated by reference ASTM D86-07b, approved 2007. Errata 3 at 3-4; see supra 

at 7. 

Subpart C: Architectural and Industrial Maintenance Coatings

 USEPA now regulates AIM coatings through rules codified at 40 C.F.R Part 59, Subpart 

D. TSD at 39 (noting authority under Section 183(e) of the Clean Air Act). “Emissions of VOM 

from this source category occur when the solvent carrying coating material evaporates and leaves 

the coating material on the surface during application and drying.” TSD at 34, Statement at 7. 

“The current federal rule is estimated to reduce VOM emissions from AIM coatings by 

approximately 20% from uncontrolled levels.” TSD at 39. The Agency 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 VOM Limits), Statement at 7-8, Prop. at 56-59 

(proposed Section 223.310). 

 For the purposes of the Agency’s proposal, an AIM coating “is a coating to be applied to 

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

site of installation, to pavements, or to curbs.” TSD at 34 (Description and Sources of 

Emissions), Statement at 7. Also for purposes of the proposal, “[c]oatings applied in shop 

applications or to non-stationary structures such as airplanes, ships, boats, railcars, and 

automobiles, and adhesives are not considered “Architectural Coatings.” TSD at 34, Statement 

at 7. The Agency 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, and wallboard. AIM coatings are applied by brush, 

roller, or spray gun, and are applied by consumers, contractors, or maintenance staff.” TSD at 

34, Statement at 7. 

 The Agency 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 Inventory for 2002 (June 2006)). These data show that, 

“[i]n Illinois, AIM coatings emissions account for approximately 4.30% of the total 

anthropogenic VOM emissions during the ozone season, and approximately 3.97% of all 

anthropogenic VOM emissions in Illinois for the entire year. TSD at 34, citing Prop., Atts. A(2), 

A(15); Statement at 8. In the Metro East/St. Louis NAA, AIM Coatings account for 

approximately 4.28% of total anthropogenic VOM emissions during the ozone season and 

approximately 3.20% of those emissions for the entire year. TSD at 34-35, 38, Statement at 8. 

In the Chicago NAA, AIM coatings account for approximately 8.01% of total anthropogenic 

VOM emissions during the ozone season and approximately 6.26% of those emissions for the 

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 effective approach for reducing emissions of VOM 

from AIM coatings is reformulation of the coatings themselves.” TSD at 39. The Agency 

indicates that this reformulation could involve “using water based formulations, using 

formulations employing acetone or other exempt solvents, or increasing the coating material 

content of the coating.” Id. 

 The Agency estimates that adoption of its proposed rule “would result in a reduction of 

VOM emissions of 21% beyond the current federal regulation.” Statement at 8 (citing MACTEC 

figures), TSD at 45. “Adoption of the proposed regulation will account for the reduction of 

12.21 tons of VOM per day or 4,456 tons of VOM annually.” Statement at 8, TSD at 45, citing 

Prop., Att. A(3). This represents “a reduction of nearly 1% of the total anthropogenic VOM 

emissions in the State.” TSD at 45. 

 At the second hearing, the Board heard testimony from Mr. Dave Carey of W.R. 

Meadows, Inc., a manufacturer of products used in commercial construction, including 

architectural coatings and waterproofing membranes. Tr.2 at 48. Mr. Carey stated that, with 

different requirements in effect in various parts of the country, “there are significant costs 

associated with reformulating products, retrofitting and changing equipment, and one of the 

things that hurts us as a company is inconsistency from one region of the country to the next.” 

Id. at 48-49. Mr. Carey noted that there are two factors leading his industry to reduce VOC 

content in its products. First, he stated that the cost of some solvents have increased by 100 

percent. Id. at 49-50. Second, he indicated that builders increasingly seek environmentally 

friendly products. Id. at 50. Mr. Carey concluded by asking the Agency to consider waiting for 

a federal rule, “especially if it’s going to be more restrictive than the Illinois rule and it would 

preempt the Illinois rule,” which would simplify the transition for industry. Id. at 49-50. 

Purpose (Section 223.300)

 The 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 and 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) any architectural coating 

for use within the state of Illinois, as well as any person who applies or solicits the application of 

any architectural coating within Illinois.” Prop. at 48 (proposed Section 223.305), Statement at 

26-27. The Agency also proposes language providing that Subpart C does not apply to three 

specific categories of coating products: architectural coatings sold or manufactured for use 

outside of Illinois “or for shipment to other manufacturers for reformulation or repackaging;” 

aerosol coating products; and architectural coatings sold in a container with a volume of one liter 

or less. Prop. at 48 (proposed Sections 223.305(a-c)), Statement at 27. 

Definitions for Subpart C (Section 223.307)

 The Agency proposes to add a section defining 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 otherwise defined herein, the definitions of terms used in this 

Subpart [C] shall have the meanings specified for those terms in 35 Ill. Adm. Code Part 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 and limits applicable to “concrete surface retarder.” Id. NPCA requested 

that this language be added to various sections of Subpart C of the Agency’s proposal. Id.; see 

Tr.2 at 42-43. Also, at the second hearing, the hearing officer noted that the definition of 

“nuclear coating” refers to two ASTM methods, different versions of which appeared to be 

incorporated by reference in Section 223.120 of the Agency’s proposal. Tr.2 at 57. 

In its third errata sheet, the Agency proposed changes addressing these issues. First, the 

Agency proposed to correct references to three ASTM methods “to clarify the definitions of 

certain words.” Errata 3 at 9 (§8); see Prop., Att. B(f)(8) (ASTM E84-07, Standard Test Method 

for Surface Burning Characteristics of Building Materials, approved 2007), Prop., Att. B(f)(5) 

(ASTM Method D4082-02, Standard Test Method for Effects of Gamma Radiation on Coatings 

for Use in Light-Water Nuclear Power Plants, approved 2002), Prop., Att. B(f)(4) (ASTM 

Method D3912-95, Standard Test Method for Chemical Resistance of Coatings Used in LightWater Nuclear Power Plants, reapproved 2001). Also in the third errata sheet, the Agency 
24

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 Agency proposes to add a section stating that, except as provided in subsection (c) 

regarding most restrictive VOM limits, “no person shall manufacture, blend, or repackage for 

sale in Illinois, or solicit for application or apply within Illinois, any architectural coating 

manufactured on or after January 1, 2009, which contains 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 filed January 22, 2008, NPCA 

suggested that Agency amend the VOM content of 450 grams per liter for nuclear coatings in 

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

In its first errata sheet, the Agency proposed to correct the listed VOM content limit for nuclear 

coatings to reflect an amended OTC model rule. Errata 1 at 2 (§3). In a public comment filed 

May 19, 2008, NPCA requested that, in addition to adding a definition of “concrete surface 

retarder,” the Agency also amend its proposal to include a VOM content limit for that category 

of 780 grams per liter. PC 2 at 1. In its third errata sheet, the Agency proposed to add this limit. 

Errata 3 at 10 (§10). 

The proposal expresses VOM content limits in terms of both grams per liter and pounds 

per gallon. Prop. at 56. The proposed subsection includes a Board Note stating that one pound 

of VOM per U.S. gallon is equal to 119.95 grams per liter. Id. at 59. The proposal also states 

that “[l]imits are expressed in grams of VOM per liter of coating thinned to the manufacturer’s 

maximum recommendation, excluding the volume of any water, exempt compounds, or colorant 

added to tint bases. ‘Manufacturers maximum recommendation’ means the maximum 

recommendation for thinning that is indicated on the label or lid of the coating container.” Prop. 

at 59 (proposed Section 223.310(b). 

The Agency also proposes that, 

[i]f anywhere on the container of any architectural coating, or any label or sticker 

affixed to the container, or in any sales, advertising, or technical literature 

supplied by a manufacturer or anyone acting on their 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 Section 223.310(a), then 

the most restrictive VOM content limit shall apply. Prop. at 59 (proposed Section 

223.310(c)), Statement at 28. 

The Agency also seeks to provide that this “Most Restrictive VOM Limit” 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 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). 
25

 The Agency 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 Agency also proposed language providing 

that “[n]o person who applies or solicits the application of any architectural coating shall apply a 

coating that is thinned to exceed the applicable VOM limit specified in Section 223.310(a).” 

Prop. at 60 (proposed Section 223.310(e)), Statement at 27. The Agency also proposes to 

address rust preventive coatings by providing that no person shall apply them or solicit their 

application “for industrial use unless such a rust preventive coating 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 requiring that each manufacturer of architectural 

coatings subject to Subpart C must include specified information “on the coating container (or 

label) in which the coating is sold or distributed.” Prop. at 61 (proposed Section 223.320), 

Statement at 28. First, the label, lid, or bottom of the coating container must include the date the 

coating was manufactured or a code representing that date. Prop. at 61 (proposed Section 

223.320(a)), Statement at 28. This provision requires that, “[i]f the manufacturer uses a date 

code for any coating, the manufacturer shall file an explanation of each code with the Agency.” 

Prop. at 61. In its second errata sheet, the Agency proposed to clarify that manufacturers only 

have to submit explanations of date codes to the Agency upon request. Errata 2 at 7 (§15). “It 

was not intended that companies should be required to provide this information without a request 

from the Illinois EPA.” Id. 

 Second, the proposal requires that the label or lid of the container include “[a] statement 

of the manufacturer’s recommendation regarding thinning of the coating.” Prop. at 61 (proposed 

Section 223.320(b)), Statement 28. The Agency 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 Agency seeks to require that “[e]ach container of any coating subject to this 

rule shall display either the maximum or the actual VOM content of the coating, as supplied, or 

the actual VOM content including the maximum thinning as recommended by the 

manufacturer.” Prop. at 61 (proposed Section 223.320(c)), Statement at 28. The Agency 

proposes that “VOM content displayed shall be calculated using product formulation data, or 

shall be determined using the test methods in subsection 223.340(b).” Prop. at 61; see Prop. at 

65 (proposed Section 223.340(b) determining physical properties of a coating). The Agency 

further proposes that “”[t]he equations in subsection 223.340(a) shall be used to calculate VOM 
26

content.” Prop. at 61; see Prop. at 64-65 (proposed Section 223.340(a) providing calculation of 

VOM content). The proposal requires displaying VOM content in grams of VOM per liter of 

coating. Prop. at 61. In its public comment filed January 22, 2008, NPCA acknowledged that 

the Agency had clarified that ”VOC Content” and “VOM content” had the same meaning. PC 1 

at 2. Based on the possibility of confusion over the two terms, NPCA requested that the Agency 

clarify that either “VOM Content” or “VOC Content” may be displayed. Id.; see Tr. 1 at 22-24. 

In its second errata sheet, the Agency proposed language repeating and clarifying that the two 

terms have the same meaning. Errata 2 at 8 (§16). 

 Fourth, in addition to the preceding requirements, the Agency proposed to require that 

manufacturers of industrial maintenance coatings must display on the coating’s container one or 

more specific descriptions: “[f]or industrial use only,” “[f]or professional use only,” and “[n]ot 

for residential use” or “[n]ot intended for residential use.” Prop. at 61 (proposed Section 

223.320(d)(1-3)), Statement at 28. Fifth, the proposal would 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 sprayed.’” Prop. at 61 (proposed Section 223.320(e)), 

Statement at 28. Sixth, addressing rust preventive coatings, the Agency proposes to require that 

their labels “shall prominently display the statement ‘For Metal Substrates Only.’” Prop. at 62 

(proposed Section 223.320(f)), Statement at 28-29. 

 Seventh, regarding specialty primers, sealers, and undercoaters, the Agency would 

require 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 Agency proposes that “[t]he labels of all quick dry enamels shall 

prominently display the words ‘Quick Dry’ and the dry hard time.” Prop. at 62 (proposed 

Section 223.320(h)), Statement at 29. Ninth, the Agency also proposes that “[t]he labels of all 

non-flat high-gloss coatings shall prominently display the words ‘High Gloss.’” Prop. at 62 

(proposed Section 223.320(i)), Statement at 29. Tenth, the Agency seeks to require that, 

“[e]ffective January 1, 2010, the labels of all Stone Consolidants shall prominently display the 

statement ‘Stone Consolidant – For Professional Use Only.’” Prop. at 62 (proposed Section 

223.320(j)), Statement at 29. 

Recordkeeping and Reporting Requirements (Section 223.330)

 The Agency proposes to add a section prescribing recordkeeping and reporting 

requirements for six specific categories of coatings. Prop. at 62-64 (proposed Section 223.330), 

Statement at 29. First, the proposal requires manufacturers of clear brush lacquers, at the request 

of the Agency, to report “[t]he number of gallons of clear brushing lacquer sold in the state 

during the preceding calendar year; and [t]he method used by the manufacturer to calculate state 

sales.” Prop. at 62 (proposed Section 223.330(a)(1-2)), Statement at 29. Second, the proposal 

requires manufacturers of rust preventive coatings, at the request of the Agency, to report “[t]he 

number of gallons of rust preventive coatings sold in the state during the preceding calendar 

year; and [t]he method used by the manufacturer to calculate state sales.” Prop. at 62-63 

(proposed Section 223.330(b)(1-2)), Statement at 29. Third, the proposal also requires 

manufacturers of specialty primers, sealers, and undercoaters, at the request of the Agency, to 
27

report “[t]he number of gallons of specialty primers, sealers, and undercoaters sold in the state 

during the preceding calendar year; and [t]he method used by the manufacturer to calculate state 

sales.” Prop. at 63 (proposed Section 223.330(c)(1-2)), Statement at 29. 

 Fourth, the proposal requires manufacturers of architectural coatings that contain 

perchloroethylene or methylene chloride to report the following information at the request of the 

Agency: “[t]he product name and a copy of the product label with the legible usage 

instructions,” “[t]he product category listed in Section 223.210(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 clhloride in the 

coating.” Prop. at 63 (proposed Section 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 coatings manufacturers, at 

the request of the Agency, to report “[t]he number of gallons of recycled coatings sold in the 

state during the preceding calendar year; and [t]he method used by the manufacturer to calculate 

state sales.” Prop. at 63 (proposed Section 223.330(e)(2)(A-B)), Statement at 30. Sixth, the 

proposal requires manufacturers of “Bituminous Roof Coatings” or “Bituminous Roof Primers” 

to report, at the request of the Agency, “[t]he number of gallons of “Bituminous Roof Coatings” 

or “Bituminous Roof Primers” sold in the state during the preceding calendar year; and [t]he 

method used by the manufacturer to calculate state sales.” Prop. at 64 (proposed Section 

223.330(f)(1-2)), Statement at 30. 

 In its original proposal, the Agency sought to require that the affected manufacturers 

report the specified information “upon request of the Agency, within 30 days written notice.” 

Prop. at 62-64 (proposed Section 223.330). In its public comment filed January 22, 2008, NPCA 

expressed concern that these proposed reporting requirements are burdensome, “especially the 

requirements that reports would need to be provided within 30 days of written notice.” PC 1 at 

1. NPCA claimed that these requirements originated with a 2000 CARB Suggested Control 

Measure (SCM) and that CARB deleted them from a subsequent SCM on the basis that “this 

information was no longer needed.” Id. In its second errata sheet, the Agency noted that the 30-

day requirement generated public concern and clarified “that companies have 90 days, not 30, to 

submit the pertinent information to the Illinois EPA.” Errata 2 at 8-9 (§17). 

Compliance Provisions and Test Methods (Section 223.340)

 The Agency 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 
28

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 perform the calculations in subsection 223.340(a), the 

reference method for VOM content is USEPA Method 24, incorporated by reference in Section 

223.120, except as provided in subsections 223.350 [Alternative Test Methods] and 223.360 

[Methacrylate Traffic Coating Markings].” Prop. at 65, see Prop., Att. B(c) (40 C.F.R. 60, 

Appendix A, Method 24, Determination of Volatile Matter Content, Water Content, Density, 

Volume Solids, and Weight Solids of Surface Coatings (July 1, 2006)). 

 The Agency also proposes to provide that “[a]n alternative method 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) (South Coast Air Quality 

Management District (SCAQMD) Method 304-91, Determination of Volatile Organic 

Compounds in Various Materials, revised February 1996). The Agency 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 determine the VOM content of a coating, the 

manufacturer may use USEPA Method 24, or an equivalent alternative method, as provided in 

Section 223.350, formulation data, or any other reasonable means for predicting that the coating 

has been formulated as intended (e.g., quality assurance checks, recordkeeping).” Prop. at 65, 

Statement at 32. The Agency also proposes, however, that, “if there are any inconsistencies 

between the results of a Method 24 test and any other means for determining VOM content, the 

Method 24 results will govern, except when an equivalent alternative method is approved as 

specified in Section 223.350.” Prop. at 65, Statement at 32. 

 The Agency 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 Agency proposes to add a section providing in its entirety that “[o]ther test methods 

demonstrated to provide results that are acceptable for purposes of determining compliance with 

subsection 223.340(b), after review and approved in writing by the Agency and the USEPA, may 

also be used.” Prop. at 65 (proposed Section 223.350), Statement at 32. 

Methacrylate Traffic Coating Markings (Section 223.360)

 The Agency proposes to add a section providing that “[a]nalysis of methacrylate multicomponent coatings used as traffic marking coatings shall be conducted according to a 

modification of USEPA Method 24 . . . or an equivalent method approved by the CARB.” Prop. 

at 65 (proposed Section 223.360), Statement at 32. The proposed language also provides that 
29

“[t]his method has not been approved for methacrylate multi-component coatings used for 

purposes other than as traffic marking coatings or for other classes of multi-component 

coatings.” Prop. at 65, Statement at 32-33. 

Test Methods (Section 223.370)

 The Agency proposes to add a section listing test methods incorporated by reference and 

states that they “shall be used to test coatings subject to the provisions of this Subpart [C]. Prop. 

at 65-67 (proposed Section 223.370(a-m)), Statement at 33. 

 In subsection (a), the proposal states that “[t]he flame spread index of a fire-retardant 

coating shall be determined by the ASTM Designation E 84-99, ‘Standard Test Method for 

Surface Burning 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 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). In its third errata sheet, the Agency proposed to amend this 

provision to refer to Method E84-07, making it consistent with the method incorporated by 

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

 In subsection (b), the proposal states that “[t]he fire-resistance rating of a fire-resistive 

coating shall be determined by ASTM designation 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 Materials). 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). 

 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, ‘Determination of Weight Percent Elemental Metal in 

Coating by X-Ray Diffraction, SCAQMD “Laboratory Methods for Analysis of Enforcement 

Samples,’ (see Section 223.207, Metallic Pigmented Coating).” Prop. at 66 (proposed Section 

223.370(d)); see Prop., Att. B(i) (SCAQMD Method 318-95, Determination of Weight Percent 

Elemental Metal in Coating by X-Ray Diffraction, approved August 10, 1998). In 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 content of a coating shall be 

determined by ASTM Designation D 1613-96, ‘Standard Test Method for Acidity in Volatile 

Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer and Related Products,’ 

(see Section 223.307, Pre-Treatment Wash Primer) or an equivalent method approved by the 

CARB.” Prop. at 66 (proposed Section 223.370(e)); see Prop., Att. B(f)(7) (ASTM Designation 

D 1613-03, ‘Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates 

Used in Paint, Varnish, Lacquer and Related Products). 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). At the second hearing, the hearing officer noted that this 

subsection and Section 223.120 appeared to refer to different editions of this test method. Tr.2 at 

58-59. In it third errata sheet, the Agency proposed to amend this subsection to refer to ASTM 

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 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 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 Formation of Organic Coatings at Room 

Temperature, approved December 1, 2003). 

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 10-11 (§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, ‘Standard Test Methods for Evaluating the 

Degree of Chalking of Exterior Paint Films,’ (see Section 223.307, Specialty Primer, Sealer, and 

Undercoater) or an equivalent method approved by the CARB.” Prop. at 66 (proposed Section 

223.370(g)); see Prop., Att. B (ASTM Designation D 4214-98, Standard Test Methods for 

Evaluating the Degree of Chalking of Exterior Paint Films). In 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, branched, or linear, completely methylated 

siloxanes, shall be analyzed as exempt compounds for compliance with Section 
31

223.340 by BAAQMD Method 43, ‘Determination of Volatile Methylsiloxanes in 

Solvent-Based Coatings, Inks, and Related Materials,’ BAAQMD Manual of 

Procedures, Volume III, adopted November 6, 1996, (see Section 223.307 

Volatile Organic Material and subsection 223.340(b)). Prop. at 66-67 (proposed 

Section 223.370(h)); see Prop., Att. B(j) (Bay Area Air Quality Management 

District (BAAQMD) Method 43, Determination of Volatile Methylsiloxanes in 

Solvent-Based Coatings, Inks, and Related Materials, amended May 18, 2005). 

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). 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 which it is not defined. Tr.2 at 59. In its third errata

sheet, the Agency proposed to amend the reference to a definition of “VOM content.” Errata 3 

at 11 (§12). 

 In subsection (i), the proposal states that 

“[t]he exempt compound parachlorobenzotrifluoride shall be analyzed as an 

exempt compound for compliance with Section 223.400 by BAAQMD Method 

41, ‘Determination of Volatile Organic Compounds in Solvent-Based Coatings 

and Related Materials Containing Parachlorobenzotrifluoride,’ BAAQMD 

Manual of Procedures, Volume III, adopted December 20, 1995, (see Section 

223.307 Volatile Organic Material, and 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 Parachlorobenzotrifluoride, amended May 18, 

2005). 

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). 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 amend a reference to a nonexistent definition of 

“Volatile Organic Material” to a reference 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 proposal 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 for 
32

Enforcement Samples,’ (see Section 223.307 Volatile Organic Material, 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 Matter 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, Determination of Volatile Matter Content, Water 

Content, Density, Volume Solids, and Weight Solids of Surface Coatings (July 1, 2006)). 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 (l), the proposal 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 Compounds(VOC) in Various Materials,’ SCAQMD 

‘Laboratory Methods of Analysis for Enforcement 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 clarifying that these methods had been 

incorporated by reference 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 Volatile Matter Content of Methacrylate 

Multicomponent Coatings Used as Traffic 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, Determination 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 clarifying that these methods had been 

incorporated by reference in Section 223.120. Errata 2 at 12 (§18). At the second hearing, the 

hearing officer noted that this subsection refers to language approved on one date and that 

Section 223.120 appears to incorporate a subsequent version. Tr.2 at 60. In its third errata 

sheet, the Agency proposed to amend this section to make the two references consistent with one 

another. Errata 3 at 11 (§12). 

ECONOMIC AND TECHNICAL CONSIDERATIONS

Request for Economic Impact Study
33

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) (2006). To date, the Board 

has received no response to that request. At the second hearing, the Board received no testimony 

or comment regarding the absence of any response to the request. See Tr.2 at 62-63. 

Background of Federal Requirements

 The Agency states that, “[e]ffective July 17, 1997, the United States Environmental 

Protection Agency (“USEPA”) revised the national 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 with 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 concentration 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 June 15, 2005. Statement at 2, citing 40 C.F.R. 81; 

see TSD at 5. 

 The Agency states that “[o]zone is not emitted directly by most sources.” Statement at 2. 

Instead, precursors such as VOM, oxides of nitrogen, and carbon monoxide react to form ozone 

in the presence of direct sunlight 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. Statement 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 elderly, 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 damage plant tissue and other substances including 

rubber. TSD at 5, Statement at 3. 

 USEPA now 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 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, Statement at 3. Emissions attributable 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 Metro 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 Metro 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 Candidate Control Measures, Source Category: 

Consumer and Commercial Products, MACTEC, December 1, 2005). 

 USEPA also regulates AIM coatings through 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 carrying coating material evaporates and leave 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; 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 findings of organizations including 

MACTEC, an environmental firm under contract 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 measures 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 rulemaking 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 reductions in VOM emission may “have already taken 

place due to nationwide compliance by many of the larger manufacturers of these products.” 

Statement at 5, see TSD at 60-61. However, the Agency claims that “adoption of these limits in 

Illinois will further the trend toward nationwide compliance, leading to much larger reductions.” 

Statement at 5. In addition, it is the Agency’s position “that further 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 behalf of the Agency, Mr. Davis expressed the understanding 

that that the Agency’s proposed regulation mirrors 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 finalized 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 behalf of the Agency, Mr. Davis stated that “[i]n drafting the 

proposed regulations, the Illinois EPA sought at all times to ensure that the regulation would be 

as consistent as possible with similar regulations in other parts of the country.” Davis. Test. at 2; 

see Tr.1 at 9. He emphasized that consistency allows uniform products to be sold in the various 
35

regions of the United States and also limits manufacturers’ 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 Products), 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 control 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 technical documentation it its own rulemaking process and that 

“[t]he technical basis for the proposed VOC content limits lies within the framework that the 

CARB developed for its consumer products rules.” TSD at 18. The Agency notes that the 

proposed consumer products limits have been adopted in all of the OTC states and in California. 

Id. at 60. 

 With regard to AIM coatings, the Agency states 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 based on the affected coatings and VOM content 

limits in CARB’s suggested control measures for AIM coatings so that the coating formulations 

of the eastern states in the OTC would be consistent with formulations 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 states and in California. TSD at 

60. 

 Testifying at the second hearing, Mr. Davis stated that the Agency drafts its proposed 

rules according to its own format so that its proposal 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 earlier, and I believe that 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, the Agency stated that 

“the proposed regulation was not in fact based on the 2001 OTC Model Rule. The 2006 OTC 

Model Rule was used as a resource, in addition to input from affected industries, and the 

omission of the [2006] document from the documents 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 Agency apparently drew upon the 

2006 OTC model rule in drafting the proposed rules. PC 4 at 1-2 (¶2). IERG further states that 
36

the Agency did not refer to the 2006 version in its list of “Document 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 adoption 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 EPA 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 provisions 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 Control Measures, Source Category: Consumer and 

Commercial Products, MACTEC, 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 January 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 MACTEC 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 essentially unchanged in any way 

pertaining to questions posed at hearings. The estimated reductions 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 standards 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 Commission 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). IERG also argues that the Agency offered the 

Pechan document to support its claim that adoption of the OTC would result in a 14.2% emission 

reduction. Id., seeTr.2 at 18. 

 IERG states that the 2006 version of the OTC model rule and 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 category for “Adhesive Removers,” including the subcategories of 

“Floor or Wall covering,” “Gasket or Thread Locking,” “General Purpose,” and “Specialty” (PC 
37

4 at 7 (¶17), Exh. 3 at 21, see Tr.2 at 23-24); under the existing category of “Adhesives,” new 

subcategories of “Contact General purpose” and “Contact Special purpose” (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/semisolids” (PC 4 at 7 (¶17), Exh. 3 at 21, see Tr.2 at 24); a new 

category for “Anti-static Product, non-aerosol” (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 “Footwear or Leather Care Products,” 

including subcategories for “Aerosol,” “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 subcategories 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 “Toilet/Urinal Care,” including 

subcategories for “Aerosol” and “non-Aerosol” (PC 4 at 8 (¶17), Exh. 3 at 23, see Tr.2 at 25); 

and a new category for “Wood Cleaner,” including subcategories for “Aerosol” and “nonAerosol” (PC 4 at 8 (¶17), Exh. 3 at 23-24, see Tr.2 at 25). Mr. Davis explained 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 “hairstyling products” and “shaving 

gels” as products that “might have been” under other more general categories in the 2001 

version. See Tr.2 at 26. 

 IERG also notes that the 2006 version of the OTC model rule changes the scope of an 

exemption. Specifically, IERG states that, under the 2001 model rule, exemption (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 further states that, in the 2006 version of the 

model rule, the exemption applies only to insecticides 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 emission 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 emphasizes that “the most recent and up to date 

research conducted by LADCO and Mactec does 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 change to various factors: 
38

(1) the amount of reductions from the additional categories relative to the total 

amount of reduction from the regulation was insufficient to change the overall 

total percentage; (2) the percent reduction from the additional categories was 

comparable to the percent reduction from the existing categories, thus not 

affecting the overall percentage; and (3) as stated in the hearing, some of he 

additional categories were already included in the existing categories, 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 regulating additional product categories. Id. IERG 

states that, “[i]f this is true, it would lead one to question the rationale 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 Board to require the Agency submit information 

demonstrating that the 2006 categories provide a more detailed categorization of the products. 

Id. 

 IERG during the second hearing also inquired 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 the state of New Jersey that listed all of the categories that 

were in the rule at that 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 reductions 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 [product] categories in the 2001 OTC rule.” Tr.2 at 29. The 

Agency acknowledged that this New Jersey data did not include all of the 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 relied on New Jersey, MACTEC, LADCO, and California because it 

lacks the resources to perform case-by-case analyses, the Agency indicated that it does not 

“know the emission reductions to be achieved from adding these additional categories.” Id. at 

31; see PC 4 at 11 (¶23). IERG asks that Board require 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% emission 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 rule 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 the 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 the Agency’s Table 2.7.1 claims a 14.2% reduction in 

VOM emissions without including the categories 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% emission reductions that the 

Illinois EPA is relying upon to attain its air quality goals.” PC 4 at 10 (¶21). IERG argues that 

the Agency has not adequately explained why it included the additional product categories in its 

proposal and requests that the Board require the Agency to that information. Id. 

 IERG notes that the 2006 version of the OTC model rule denotes with an asterisk and 

affects certain compounds that “may or may not cause or contribute 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 that the 2006 model rule marked with an asterisk a number of 

categories of compounds, including “products containing ozone-depleting 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 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.” PC 4 at 12 (¶25). 

 IERG also questioned whether the Agency had considered compliance costs associated 

with regulating the additional product categories included in the 2006 model rule. Tr.2 at 31-32. 

The Agency indicated that it did so only to the extent that the resources it relied upon had done 

so. Id. at 32. The Agency similarly indicated that it relied on those 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 had 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 formation of ozone.” Tr.2 at 33-34; see Exh. 3 at 1, 27-29. 

 In its post-hearing comments, the Agency responds that product categories added in the 

2006 version of the model rule “have in fact been 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 analyses 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 claims “contains a total record 

of a rulemaking to consider amendment to CARB consumer products rules, and includes 

technical support and economic analysis 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 version of the OTC model rule. PC 3 at 3 (¶11). The Agency 

suggests that CARB documents and other analyses 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 significantly impact the overall percentage reduction or economic 

impact of the proposed regulation.” Id. The Agency concludes by stating that “the Board should 
40

move forward with adoption of the proposed rule given that appropriate technical and economic 

analyses have been performed for all affected categories.” Id. 

 IERG notes that the Agency does not intend 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 updated MACTEC white paper shows that product 

categories beyond the 2001 version of the OTC model 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 categories.” PC 4 at 14-15 (¶30). IERG asks the 

Board to consider three options “as solution for 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 commercial products rule. . . . [T]he USPEA is 

currently devoting its resources to evaluating 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 categories added in OTC 2006 and use of 

exemption (i) from OTC 2001. This action is justified because . . . both the 

technical and economic support for the Illinois EPA’s proposal that is currently in 

the record is for OTC 2001 only, and the 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 manufacturing 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 the TSD] in Illinois.” TSD at 45; see TSD at 35-37 (Table 

3.2.1). The TSD includes an Appendix A listing approximately 600 potentially affected 

manufacturers in Illinois. Statement at 11; see TSD, Att. A. 

Technical Feasibility of Controls
41

 The Agency states that, in examining the issue of reducing VOM emissions from 

consumer and commercial products and AIM coatings, 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 Directors Consortium (“LADCO”), the Ozone Transport 

Commission (“OTC”), and organization in the eastern Unites States created 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 reductions and associated costs. Id. at 5. 

Consumer and Commercial Products

 While the Agency views the CARB rules and the 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 factors. 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 model 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 Model Rule for Consumer Products 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 technologically feasible for the State 

of Illinois.” TSD at 18. The Agency stresses that, “[s]ince many national 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 have 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 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 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. Also, the Agency states that CARB has published 

formulas complying with its regulations for many specific products. TSD at 33, citing Prop., Att. 

A(4) (Example Complying Forumlas, 2004 Consumer 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 Agency claims that the OTC model rule is the 
42

language preferred both by LADCO and the states in the Midwest Regional Planning 

Organization (MRPO).4

 TSD at 19. The Agency states that, 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 proposal 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 Control 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 Model 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 technologically feasible for the State of Illinois.” TSD at 

39. The Agency argues that, “[s]ince many national 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 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 formulation of products available to consumers or contractors. Id. at 

39-40. “This involves using water based formulations, using formulations employing acetone or 

other exempt solvents, or increasing the coating material content 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 Agency 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 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. 

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 feasibility 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 Agency claims, however, that, “[s]ince complaint 

products in every affected category in the proposed regulation are currently being sold and are in 

use in all states of the OTC and California, no further evidence for technological 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 Agency expects that its proposal will result 

in significant reductions of VOM emissions from 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 category 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 the 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 control in the OTC model rule. 

Id. The Agency notes that the New Jersey Department of Environmental Protection compiled 

data from these reports into a single table for its own consumer products proposal. Id. at 30; see 

Prop., Att. A(10) (Estimated VOC Emission Reductions 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 emissions inventory. TSD at 30; see Tr.1 at 9-10. 

For consumer products, the Agency expects 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 Regional Planning Organization Candidate Control 

Measures, Source Category: Consumer and Commercial Products, MACTEC, December 1, 

2005). This represents “a reduction of approximately 17.72 tons 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 behalf of the Agency, Mr. 

Davis acknowledged that “reduction estimates may be slight over estimates,” as similar rules in 

California and the OTC jurisdictions may have caused national manufacturers to sell compliant 

products on a nationwide basis. 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, Statement at 8, TSD at 45. This represents “a 

reduction of approximately 12.21 tons of VOM per 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 emissions. Davis Test. at 4, TSD at 45. In his prefiled testimony 

on behalf of the Agency, Mr. Davis acknowledged that “reduction estimates may be slight over 

estimates,” as similar rules in California and the OTC jurisdictions may have caused national 

manufacturers to sell compliant products on a nationwide basis. Davis Test. at 3, see Statement 

at 5. 

Cost Effectiveness of Controls

Consumer and Commercial Products
44

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

effectiveness of the level of control in its “Midterm Measures II.” TSD at 21, citing Prop., Att. 

A(12) (CAL. CODE REGS., tit. 17, §§94507-09, 94513-15 (2000)). The Agency describes these 

measures as the basis of the OTC model rule. TSD at 21. The Agency states 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 and 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 analysis assumes that the sales and uses of 

consumer products in Illinois are comparable to those in California and the 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 products and their consumers have already 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 potential 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 spread among a number of products. Id., citing Prop., Att. A(6) 

(Initial Statement of Reasons for Proposed Amendments 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 Alternative Control Plan and Innovative Products 

provisions, both of which may 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 costs of its “Midterm Measures II” rule, the VOM 

content limits of which are reflected in the OTC model rule. TSD at 20-21, citing Prop. Att. 

A(12) (CAL. CODE REGS., tit. 17, §§94507-09, 94513-15 (2000)); see Tr.1 at 11. “This is the 

basis for MACTEC’s assumption that the CARB 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 will be approximately $800 per ton of VOM. TSD 

at 20, citing Prop., Att. A(3) (Interim White Paper – Midwest Regional Planning Organization 
45

Candidate Control Measures, Source Category: Consumer and Commercial Products, 

MACTEC, December 1, 2005); see Davis Test. at 4. 

AIM Coatings

 The Agency states that CARB in various staff 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 Architectural 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 Jersey 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 them. TSD at 42 (Table 3.5.1), citing Prop. Att. 

A(14) (Estimated VOC Emission Reductions and 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 controls in the proposed 

regulation. That data draws on a New Jersey technical support document based upon CARB 

reports. TSD at 42, citing Prop., Att. A(14). The Agency states that the data assumes that sales 

and use of AIM coatings in Illinois is comparable to those in California and the OTC states and 

is “modified to reflect slight differences in the 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 costs 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 controlling VOM emission from 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 necessary for sales in Illinois.” 

TSD at 43; see Davis Test. at 5. The Agency notes that CARB’s cost estimates do “not account 

for potential savings of manufacturers that produce more than one type of regulated product.” 

TSD at 43-44. The Agency suggests that one-time 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, the 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 California provisions. With 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 those 
46

regulated by the previous version. The 2006 version also changes the scope of an exemption, 

which may subject additional products to regulation. The Agency itself has characterized these 

changes as significant. 

 The Board notes that the Agency did not perform an independent analysis of the VOM 

emission reductions expected from its proposed consumer products rule. The Agency also has 

acknowledged that it relied upon data compiled by the New Jersey Department of Environmental 

Protection that does not include all 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 that the Agency expects a 14.2% reduction in VOM 

emissions both from the 2001 version and the 2006 version that regulates additional product 

categories. Also, the Board notes that the record does not, either in terms of emissions reduction 

or compliance costs, clearly demonstrate the effect of changing an exemption in the 2006 

version. 

 The Board acknowledges that the product categories in the 2006 version of OTC model 

rule may itemize some or all of the products in the 2001 version more specifically 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 2001 version of the model rule. Nonetheless, the 

Agency has not persuasively demonstrated that the additional categories 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 regarding consumer products rules. Effectively recognizing that 

this Web address did not place these supporting documents 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-notice publication, the Board will omit from the 

Agency’s proposal the product categories and subcategories 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 exemption 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 Agency 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 proposed amendments technically feasible and 

economically reasonable. The Board adopts the Agency’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 regulations intended to reduce VOM emissions from 

consumer products and AIM products. Substantively, the Board is largely adopting the 

Agency’s proposal, including changes as described above and as reflected in three errata sheets 

submitted by the Agency. See Errata 1, Errata 2, Errata 3. 

Publication of the proposed 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, persons may also file comments electronically 

through COOL at www.ipcb.state.il.us. 

ORDER

The Board directs the Clerk to cause publication of the following proposed amendments 

in the Illinois Register for first notice. 

TITLE 35: ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER I: POLLUTION CONTROL BOARD 

SUBCHAPTER 

PART 223 

STANDARDS AND LIMITATIONS FOR ORGANIC MATERIAL EMISSIONS FOR AREA 

SOURCES 

SUBPART A: GENERAL PROVISIONS 

Section 

223.100 Severability 

223.105 Abbreviations and Acronyms 

223.120 Incorporations by Reference 

SUBPART B: CONSUMER AND COMMERCIAL PRODUCTS 

Section 

223.200 Purpose 

223.201 Applicability 

223.203 Definitions for Subpart B 

223.205 Standards 

223.206 Diluted Products 

223.207 Products registered under FIFRA 

223.208 Requirements for Aerosol Adhesives 

223.209 Requirements for Floor Wax Strippers 
48

223.210 Products Containing Ozone-Depleting Compounds 

223.220 Requirements for Charcoal Lighter Material 

223.230 Exemptions 

223.240 Innovative Product Exemption 

223.245 Alternative Control Plans 

223.250 Product Dating 

223.255 Additional Product Dating Requirements 

223.260 Most Restrictive Limit 

223.265 Additional Labeling Requirements for Aerosol Adhesives, Adhesive Removers, 

 Electronic Cleaner, Electrical Cleaner, Energized Electrical Cleaner, and Contact 

 Adhesives 

223.270 Reporting Requirements 

223.275 Special Recordkeeping Requirements for Consumer Products that Contain 

Perchloroethylene or Methylene Chloride 

223.280 Calculating Illinois Sales 

223.285 Test Methods 

SUBPART C: ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS 

Section 

223.300 Purpose 

223.305 Applicability 

223.307 Definitions for Subpart C 

223.310 Standards 

223.320 Container Labeling Requirements 

223.330 Reporting Requirements 

223.340 Compliance Provisions and Test Methods 

223.350 Alternative Test Methods 

223.360 Methacrylate Traffic Coating Markings 

223.370 Test Methods 

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

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

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

SUBPART A : GENERAL PROVISIONS 

Section 223.100 Severability 

If any Section, subsection, or clause of this Part is found invalid, such finding shall not 

affect the validity of this Part as a whole or any Section, subsection, or clause not found invalid. 

Section 223.105 Abbreviations and Acronyms 

Unless otherwise specified within this Part, the abbreviations used in this Part shall be the 
49

same as those found in 35 Ill. Adm. Code 211. The following abbreviations and 

acronyms are used in this Part: 

ACP Alternative Control Plan 

Act Environmental Protection Act [415 ILCS 5/1 et seq .] 

Agency Illinois Environmental Protection Agency 

ASTM American Society for Testing and Materials 

BAAQMD Bay Area Air Quality Management District 

CARB California Air Resources Board 

o

C Degrees Celsius 

CFCs Chlorofluorocarbons 

CO2 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 

N2 Nitrogen 

N2O Nitrous Oxide 

OER Original Equipment Manufacturer 

PCBTF Parachlorobenzotrifluoride 

ROC Reactive Organic Compound 

ROG Reactive Organic Gas 

SCAQMD South Coast Air Quality Management District 

USEPA United States Environmental Protection Agency 

VOM Volatile Organic Material 

Section 223.120 Incorporations by Reference 

The following materials are incorporated by reference. These incorporations do not 

include any later amendments or editions. 

a) 40 CFR 59, Subpart D, Appendix A, Determination of Volatile Matter Content of 

Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings, 64 

Fed. Reg. 35002 (June 30, 1999).

b) 40 CFR 59, Subpart C, National Volatile Organic Compound Emission Standards 

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

c) 40 CFR 60, Appendix A, Method 24, Determination of Volatile Matter Content, 

Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings, 
50

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

d) 40 CFR 82, Subpart A, Appendix A, Class I controlled Substances, 68 Fed. Reg. 

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

Reg. 2859 (January 21, 2003) 

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

1996). 

f) ASTM International, 100 Barr Harbor Drive, 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 Method 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 Method for Acidity in Volatile Solvents 

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

Products, approved October 1, 2003. 

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

of Building Materials, approved 2007.

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

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

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

Chromatography, reapproved 2006. 

11) ASTM E2167-01, “Standard Guide for Selection and Use of Stone 

Consolidants” (see section 4, Stone Consolidant), approved 2001. 
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 Method for Distillation of Petroleum 

Products at Atmospheric Pressure, approved 2007. 

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

CA 91765. 

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

91, Determination of Volatile Organic Compounds in Various Materials, 

revised February 1996. 

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

February 1993. 

3) SCAQMD Method 318-95, Determination of Weight Percent Elemental 

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

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

Francisco, CA 94109 

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

Determination of Volatile Methylsiloxanes in Solvent-Based Coatings, 

Inks, and Related Materials, proposed amendment February 4, 2004. 

2) BAAQMD Method 41, Determination of Volatile Organic Compounds in 

Solvent-Based Coatings and Related Materials Containing 

Parachlorobenzotrifluoride, proposed amendment February 4, 2004. 

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

Organic Compounds in Consumer Products and Reactive Organic Compounds in 

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

Board, 1001 I Street, P.O. Box 2815, Sacramento, CA 95812. 

j) SCAQMD Rule 1174, Ignition Method Compliance 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, Article 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 AND COMMERCIAL PRODUCTS 

Section 223.200 Purpose 

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

requiring reductions in the VOM content of consumer and commercial products. 

Section 223.201 Applicability 

Except as provided in Section 223.230, below, this Subpart shall apply to any person who sells, 

supplies, offers for sale, or manufactures consumer 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 Subpart, any product that is used to bond one 

surface to another by attachment. This does not include products used on humans and 

animals, adhesive tape, contact paper, wallpaper, shelf liners, or any other product with 

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

does not include units of product, less packaging, which consist of more than one gallon. 

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

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

more than one pound and consist of more than 16 fluid ounces. This limitation does not 

apply to aerosol adhesives. 

“Adhesive Remover” means a product designed to remove adhesives from either a 

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

products that remove adhesives intended exclusively for use on humans or animals. 

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

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

Adhesive includes, but is not limited to caulks, sealants, glues, or similar 

substances used for the purpose of forming a bond. 

“Floor and Wall Covering Adhesive Remover” means a product designed or 

labeled to remove floor or wall coverings and associated adhesive from the 

underlying substrate. 

“Gasket or Thread Locking Adhesive Remover” means a product designed or 

labeled to remove gaskets or thread locking adhesives. Products labeled for dual 

use as a paint stripper and gasket remover and/or thread locking adhesive remover 

are considered “Gasket or Thread Locking Adhesive Remover.” 

“General Purpose Adhesive Remover” means a product designed or labeled to 

remove cyanoacrylate adhesives as well as non-reactive adhesives or residue from 

a variety of substrates. “General Purpose Adhesive Remover” includes, but is not 

limited to the following: products that remove thermoplastic adhesives, pressure 

sensitive adhesives, dextrine or starchbased adhesives, casein glues, rubber or 

latex-based adhesives, and products that remove stickers, decals, stencils, or 

similar materials. “General Purpose Adhesive Remover” does not include “Floor 

or Wall Covering Adhesive Remover.” 

“Specialty Adhesive Remover” means a product designed to remove reactive 

adhesives from a variety of substrates. Reactive adhesives include adhesives that 

require a hardener or catalyst in order for the bond to occur. Examples of reactive 

adhesives include, but are not limited to epoxies, urethanes, and silicones. 

“Specialty Adhesive Remover” does not include “Gasket or Thread Locking 

Adhesive Remover.” 

 

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

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

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

spray adhesives,” “mist spray adhesives” and “web spray adhesives.” 

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

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

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

by means of a propellant contained in a product or a product's container, or by means of a 

mechanically induced force. “Aerosol Product” does not include “Pump Spray.” 

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

pests in connection with the commercial production, storage, or processing of any animal 

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

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

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” means a use requiring a license under the Structural Pest 

Control Act, 225 ILCS 235; 

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

or use in the operation of factories, processing plants, and similar sites; or

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

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

office complexes. 

 

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

powders, and crystals, designed for the purpose of masking odors, or freshening, 

cleaning, scenting, or deodorizing the air. “Air Freshener” does not include products that 

are used on the human body, products that function primarily as cleaning products as 

indicated on a product label, “Toilet/Urinal Care Products,” disinfectant products 

claiming to deodorize by killing germs on surfaces, or institutional and industrial 

disinfectants when offered for sale solely through institutional and industrial channels of 

distribution. 

“Air Freshener” does include spray disinfectants and other products that are expressly 

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

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

determine whether a product is an air freshener, all verbal and visual representations 

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

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

fragrance and ability to deodorize (resulting from surface application) shall not constitute 

a claim of air freshening. 

“All Other Carbon-Containing Compounds” means all other compounds which contain at 

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

“All Other Forms” means all consumer product forms for which no form-specific VOM 

standard is specified. Unless specified otherwise by the applicable VOM standard, “All 

Other Forms” include, but are not limited to, solids, liquids, wicks, powders, crystals, and 

cloth or paper wipes (towelettes). 

“Alternative Control Plan or ACP” means any emissions averaging program approved by 

the Agency pursuant to the provisions of this regulation. 

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

designed to reduce the level of microorganisms on the skin through germicidal activity. 

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

foodhandler hand washes, healthcare personnel hand washes, pre-operative skin 
55

preparations and surgical scrubs. “Antimicrobial Hand or Body Cleaner or Soap” does 

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

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

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

“Medicated Astringent/Medicated Toner,” and “Rubbing Alcohol.” 

“Antiperspirant” means any product including, but not limited to, aerosols, roll-ons, 

sticks, pumps, pads, creams, and squeeze-bottles, that is intended by the manufacturer to 

be used to reduce perspiration in the human axilla by at least 20 percent in at least 50 

percent of a target population. 

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

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

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

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

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

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

kitchen fixtures, cabinets, concrete forms, doors, elevators, fences, hand railings, heating 

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

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

downspouts, stairways, fixed ladders, catwalks and fire escapes, and window screens. 

“Architectural Coating” means for purposes of this Subpart, a coating to be applied to 

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

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

or to non-stationary structures such as airplanes, ships, boats, railcars, and automobiles, 

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

“Astringent/Toner” means any product not regulated as a drug by the United States Food 

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

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

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

“Medicated Astringent/Medicated Toner,” cold cream, lotion, or antiperspirant. 

“Automotive Brake Cleaner” means a cleaning product designed to remove oil, grease, 

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

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

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

temperature, and contains 0% water by formulation. 

“Automotive Instant Detailer” means a product designed for use in a pump spray that is 

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

allowed to dry. 
56

“Automotive Rubbing or Polishing Compound” means a product designed primarily to 

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

surfaces of motor vehicles without leaving a protective barrier. 

“Automotive Wax, Polish, Sealant, or Glaze” means a product designed to seal out 

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

includes, but is not limited to, products designed for use in autobody repair shops and 

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

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

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

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

“Automotive Windshield Washer Fluid” means any liquid designed for use in a motor 

vehicle windshield washer system either as an antifreeze or for the purpose of cleaning, 

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

manufacturer in a new vehicle. 

“Bathroom and Tile Cleaner” means a product designed to clean tile or surfaces in 

bathrooms. The term does not include products designed primarily to clean toilet bowls, 

toilet tanks or urinals. 

 “Bug and Tar Remover” means a product labeled to remove either or both of the 

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

biological-type residues such as insect carcasses, tree sap and road grime, such as road 

tar, roadway paint markings, and asphalt. 

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

fuel deposits, dirt, or other contaminants from a carburetor, choke, throttle body of a fuelinjection system, or associated linkages, excluding products designed exclusively to be 

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

carburetor or fuel injectors. 

“Carpet and Upholstery Cleaner” means a cleaning product designed for the purpose of 

eliminating dirt and stains on rugs, carpeting, and the interior of motor vehicles and/or on 

household furniture or objects upholstered or covered with fabrics such as wool, cotton, 

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

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

Removers,” vinyl or leather cleaners, dry cleaning fluids, or products designed 

exclusively for use at industrial facilities engaged in furniture or carpet manufacturing. 

“Charcoal Lighter Material” means any combustible material designed to be applied on, 

incorporated in, added to, or used with charcoal to enhance ignition. The term does not 

include any of the following: electrical starters and probes, metallic cylinders using paper 

tinder, natural gas, propane, and fat wood. 
57

“Colorant” means for purposes of this Subpart, any pigment or coloring material used in 

a consumer product for an aesthetic effect, or to dramatize an ingredient. 

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

that is designed exclusively for the installation, remodeling, maintenance, or repair of 

structural and building components that include, but are not limited to, beams, trusses, 

studs, paneling (including, but not limited to, drywall or drywall laminates, fiberglass 

reinforced plastic (FRP), plywood, particle board, insulation board, pre-decorated 

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

countertop laminates, cove or wall bases, flooring or subflooring; or floor or wall 

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

carpet pad or cushion, vinyl-backed carpet, flexible flooring material, nonresilient 

flooring material, mirror tiles and other types of tiles, and artificial grass. The term does 

not include “Floor Seam Sealer.” 

“Consumer” means any person who purchases or acquires any consumer product for 

personal, family, household, or institutional use. Persons acquiring a consumer product 

for resale are not “consumers” for that product. 

“Consumer Product” means a chemically formulated product used by household and 

institutional consumers including, but not limited to detergents, cleaning compounds, 

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

products, disinfectants, sanitizers, aerosol paints, and automotive specialty products. 

“Consumer Product” does not include other paint products, furniture coatings, or 

architectural coatings. As used in this rule, “Consumer Products” shall also refer to 

“Aerosol Adhesives,” including “Aerosol Adhesives” used for consumer, industrial or 

commercial uses. 

“Contact Adhesive” means an adhesive that is designed for application to both surfaces to 

be bonded together, and is allowed to dry before the two surfaces are placed in contact 

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

reposition after both adhesive-coated surfaces are placed in contact with each other, and 

does not need sustained pressure or clamping of surfaces after the adhesive-coated 

surfaces have been brought together using sufficient momentary pressure to establish full 

contact between both surfaces. The term does not include rubber cements that are 

primarily intended for use on paper substrates. “Contact Adhesive” also does not include 

vulcanizing fluids that are designed and labeled for tire repair only. 

“Contact Adhesive - General Purpose” means any contact adhesive that is not a “Contact 

Adhesive - Special Purpose." 

“Contact Adhesive - Special Purpose” means a contact adhesive that is used to bond 

melamine-covered board, unprimed metal, unsupported vinyl, Teflon, ultra-high 

molecular weight polyethylene, rubber, high pressure laminate or wood veneer 1/16 inch 

or less in thickness to any porous or nonporous surface, and is sold in units of product, 

less packaging, that contain more than eight fluid ounces, or is used in automotive 
58

applications that are either automotive under the- hood applications requiring heat, oil or 

gasoline resistance, or body-side molding, automotive weatherstrip or decorative trim. 

“Container/Packaging” means the part or parts of the consumer or institutional product 

which serve only to contain, enclose, incorporate, deliver, dispense, wrap or store the 

chemically formulated substance or mixture of substances which is solely responsible for 

accomplishing the purposes for which the product was designed or intended. This 

includes any article onto or into which the principal display panel and other 

accompanying literature or graphics are incorporated, etched, printed or attached. 

“Crawling Bug Insecticide” means any insecticide product that is designed for use against 

ants, cockroaches, or other household crawling arthropods, including, but not limited to, 

mites, silverfish or spiders, excluding products designed to be used exclusively on 

humans or animals, or any house dust mite product. For the purposes of this definition 

only: 

“House dust mite product” means a product whose label, packaging, or 

accompanying literature states that the product is suitable for use against house 

dust mites, but does not indicate that the product is suitable for use against ants, 

cockroaches, or other household crawling arthropods. 

“House dust mite” means mites which feed primarily on skin cells shed in the 

home by humans and pets and which belong to the phylum Arthropoda, the 

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

Astigmata, and the family Pyroglyphidae. 

“Date-Code” means the day, month and year on which the consumer product was 

manufactured, filled, or packaged, or a code indicating such a date. 

“Deodorant” means: 

For products manufactured before January 1, 2009: any product including, but not 

limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles, 

that is intended by the manufacturer to be used to minimize odor in the human 

axilla by retarding the growth 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, pumps, pads, creams, and squeeze-bottles, 

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

affixed thereto, that the product can be used on or applied to the human axilla to 

provide a scent and/or minimize odor. A “Deodorant Body Spray” product that 

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

affixed thereto, that it can be used on or applied to the human axilla, is a 

“Deodorant” 
59

“Deodorant Body Spray” means 

For products manufactured before January 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 mitigating any pest or any other form of plant or 

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

or in living man or other living animals) but not including equipment used for the 

application of pesticides when sold separately therefrom. 

“Disinfectant” means any product intended to destroy or irreversibly inactivate infectious 

or other undesirable bacteria, pathogenic fungi, or viruses on surfaces or inanimate 

objects and whose label is registered under the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA, 7 U.S.C. 136, et seq.). “Disinfectant” does not include any of 

the following products designed solely for use 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 that require the product container 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 which are labeled “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 commercial businesses that clean fabrics such as draperies 

at the customer’s residence or work place. The term does not include “Spot Remover” or 

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

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

products as specified by the Joint Industry Fabric Standards Committee. 

“Dusting Aid” means a product designed to assist in removing dust and other soils from 

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

not include “Pressurized Gas Duster”. 
60

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

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

armatures, relays, electric panels, or generators. The term does not include “General 

Purpose Cleaner,” “General Purpose Degreaser,” “Dusting Aid,” “Electronic Cleaner,” 

“Energized Electrical Cleaner,” “Pressurized Gas Duster,” “Engine Degreaser,” “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) players, digital video disc (DVD) players, and 

computers. “Electronic Cleaner” does not include “General Purpose Cleaner,” “General 

Purpose Degreaser,” “Dusting Aid,” “Pressurized Gas Duster,” “Engine Degreaser,” 

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

designed to clean the casings or housings of electronic equipment. 

“Energized Electrical Cleaner” means a product that meets both of the following criteria: 

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

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

when there is a residual electrical potential from a component, such as a capacitor; 

The product label clearly displays the statements: “Energized Equipment use 

only. Not to be used for motorized vehicle maintenance, or their parts.” 

This does not include “Electronic Cleaner.” 

“Engine Degreaser" means a cleaning product designed to remove grease, grime, oil and 

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

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

supplied, manufactured, or offered for sale in Illinois prior to January 1, 2009, or any 

subsequently introduced identical formulation. 

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

the surface from soiling from dirt and other impurities or to reduce absorption of liquid 

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

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

“for dry clean only” and sold in containers of 10 fluid ounces or less. 

“Fabric Refresher” means a product labeled to neutralize or eliminate odors on nonlaundered fabric including, but not limited to, soft household surfaces, rugs, carpeting, 

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

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

to, wool, cotton, or nylon. “Fabric Refresher” does not include “Anti-static Product,” 
61

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

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

application to both fabric and human skin. 

For the purposes of this definition only, “Soft Household Surface Sanitizer” 

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

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

and Rodenticide Act, (FIFRA, 7 U.S.C. 136 et seq.). 

“Facial Cleaner or Soap” means a cleaner or soap designed primarily to clean the face 

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

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

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

or Body Cleaner or Soap,” “Medicated Astringent/Medicated Toner,” or “Rubbing 

Alcohol.” 

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

resin which enhance ignition of the kindling, excluding any kindling with substances 

added to enhance flammability, such as wax-covered or wax-impregnated wood-based 

products. 

“Faux Finishing Coating” means a coating labeled and formulated as a stain or a glaze to 

create artistic effects including, but not limited to, dirt, old age, smoke damage, and 

simulated marble and wood grain. 

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

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

designed to be used exclusively on humans or animals and their bedding. 

“Flexible Flooring Material” means asphalt, cork, linoleum, no-wax, rubber, seamless 

vinyl and vinyl composite flooring. 

“Floor Coating” means an opaque coating that is labeled and formulated for application 

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

surfaces, which may be subjected to foot traffic. 

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

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

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

designed solely for the purpose of cleaning floors, floor finish strippers, products 

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

regulations. 

“Floor Seam Sealer” means any product designed and labeled exclusively for bonding, 

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

flooring. 
62

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

polishes or waxes through breakdown of the polish or wax polymers, or by dissolving or 

emulsifying the polish or wax. This does not include aerosol floor wax strippers or 

products designed to remove floor wax solely through abrasion. 

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

flying insects or other flying arthropods, including but not limited to flies, mosquitoes, 

moths, or gnats. The term does not include “Wasp and Hornet Insecticide,” products that 

are designed to be used exclusively on humans or animals, or any moth-proofing product. 

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

product whose label, packaging, or accompanying literature indicates that the 

product is designed to protect fabrics from damage by moths, but does not 

indicate that the product is suitable for use against flying insects or other flying 

arthropods. 

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

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

or modify the appearance, durability, fit, or flexibility of the footwear or leather 

article/component. Footwear includes both leather and non-leather foot apparel. 

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

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

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

sealant products with adhesive properties used to create external protective layers greater 

than two millimeters thick. 

“Fragrance” means a substance or complex mixture of aroma chemicals, natural essential 

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

two mm of Hg at 20o

C, the sole purpose of which is to impart an odor or scent, or to 

counteract a malodor. 

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

designed for the purpose of polishing, protecting or enhancing finished wood surfaces 

other than floors. The term does not include “Dusting Aids,” “Wood Cleaners” and 

products designed solely for the purpose of cleaning, and products designed 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. 
63

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

variety of substrates. The term does not include contact adhesives, construction, panel, 

and floor covering adhesives, adhesives designed exclusively for application on one 

specific category of substrates (i.e., substrates that are composed of similar materials, 

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

or adhesives designed exclusively for use on one specific category of articles (i.e., articles 

that may be composed of different materials but perform a specific function, such as 

gaskets, automotive trim, weather-stripping, or carpets). 

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

contrast to cleaning products designed to clean specific substrates in certain situations. 

This includes products designed for general floor cleaning, kitchen or countertop 

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

include “General Purpose Degreasers” and “Electronic cleaners.” 

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

grime, oil and other oil-based contaminants from a variety of substrates, including 

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

“General Purpose Cleaner,” “Adhesive Remover,” “Electronic Cleaner,” “Electrical 

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

exclusively in “Solvent Cleaning Tanks or Related Equipment,” or products that are sold 

exclusively to establishments which manufacture or construct goods or commodities, and 

labeled “not for retail sale.” 

“Solvent cleaning tanks or related equipment” includes, but is not limited to, cold 

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

products designed to clean miscellaneous metallic parts by immersion in a 

container. 

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

used routinely on the skin to clean or remove typical or common dirt and soils, including, 

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

bath gels, and moisturizing cleaners or soaps. The term does not include prescription 

drug products, “Antimicrobial Hand or Body Cleaner or Soap,” “Astringent/Toner,” 

“Facial Cleaner or Soap,” “Hand Dishwashing Detergent” (including antimicrobial), 

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

“Rubbing Alcohol.” 

“Glass Cleaner” means a cleaning product designed primarily for cleaning surfaces made 

of glass. The term does not include products designed solely for the purpose of cleaning 

optical materials used in eyeglasses, photographic equipment, scientific equipment and 

photocopying machines. 

“Graffiti Remover” means a product labeled to remove spray paint, ink, marker, crayon, 

lipstick, nail polish, or shoe polish, from a variety of non-cloth or nonfabric substrates. 

The term does not include “Paint Remover or Stripper,” “Nail Polish Remover,” or “Spot 
64

Remover.” Products labeled for dual use as both a paint stripper and graffiti remover are 

considered “Graffiti Removers.” 

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

provide limited holding power. 

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

when applied to the hair. This includes, but is not limited to, dual-use products designed 

primarily to impart a sheen to the hair. The term does not include “Hair spray,” “Hair 

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

is to condition or hold the hair. 

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

is a high viscosity, often gelatinous, product that contains a resin and is designed for the 

application to hair to aid in styling and sculpting of the hair coiffure. 

“Hair spray” means: 

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

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

coiffure which will impart sufficient rigidity to the coiffure to establish or retain 

the style for a period of time, and 

For products manufactured on or after January 1, 2009, a consumer product that is 

applied to styled hair, and is designed or labeled to provide sufficient rigidity, to 

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

aerosol hair sprays, pump hair sprays, spray waxes; color, glitter, or sparkle 

hairsprays that make finishing claims; and products that are both a styling and 

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

styling but 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 application to wet, damp or dry hair to aid in 

defining, shaping, lifting, styling and/or sculpting of the hair. This includes, but is not 

limited to hair balm, clay, cream, creme, curl straightener, gel, liquid, lotion, paste, 

pomade, putty, root lifter, serum, spray gel, stick, temporary hair straightener, wax, spray 

products that aid in styling but do not provide finishing of a hairstyle, and leave-in 

volumizers, detanglers and/or conditioners that make styling claims. This does not 

include “Hair Mousse” “Hair Shine,” “Hair Spray,” or shampoos and/or conditioners that 

are rinsed from the hair prior to styling. For the purposes of this Subpart, “Finish” or 

“Finishing” means the maintaining and/or holding of previously styled hair for a period 
65

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, grime, tar, shellac, putty, printer’s ink, paint, 

graphite, cement, carbon, asphalt, or adhesives from the hand with or without the use of 

water. The term does not include prescription drug products, “Antimicrobial Hand or 

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

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

Alcohol.” 

“Herbicide” means a pesticide product designed to kill or retard a plant’s growth, but 

excludes products that are for agricultural use, or restricted materials that require a permit 

for use and possession. 

“High Volatility Organic Material (HVOM)” or “High Volatility Organic Compound” 

means any volatile organic material or volatile organic compound that exerts a vapor 

pressure greater than 80 millimeters of Mercury (mm Hg) when measured at 20o

C. 

“Household Product” means any consumer product that is primarily designed to be used 

inside or outside of living quarters or residences that are occupied or intended for 

occupation by individuals, including the immediate surroundings. 

“Illinois Sales" means the sales (net pounds of product, less packaging and container, per 

year) in Illinois for either the calendar year immediately prior to the year that the 

registration is due or, if that data is not available, any consecutive 12 month period 

commencing no earlier than two years prior to the due date of the registration. If direct 

sales data for Illinois is not available, sales may be estimated by prorating national or 

regional sales data by population. 

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

in the operation of factories, processing plants, and similar sites. 

“Insecticide” means a pesticide product that is designed for use against insects or other 

arthropods, but excluding products that are for agricultural use, for a use which requires a 

structural pest control license under the Structural Pest Control Act, 225 ILCS 235, or 

restricted materials that require a permit for use and possession. 

“Insecticide Fogger” means any insecticide product designed to release all or most of its 

content, as a fog or mist, into indoor areas during a single application. 

“Institutional Product” or “Industrial and Institutional (I&I) Product” means a consumer 

product that is designed for use in the maintenance or operation of an establishment that 

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

or is engaged in the nonprofit promotion of a particular public, educational, or charitable 

cause. “Establishments” include, but are not limited to, government agencies, factories, 
66

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

parts centers, health clubs, theaters, or transportation companies. This does not include 

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

manufacture or construction of the goods or commodities at the site of the establishment. 

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

blown into, formed, molded into, embossed on, or appearing upon any consumer product 

or consumer product package, for purposes of branding, identifying, or giving 

information with respect to the product or to the contents of the package. 

“Lacquer” means for purposes of this Subpart, a clear or opaque wood coating, including 

clear lacquer sanding sealers, formulated with cellulosic or synthetic resins to dry by 

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

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

laundering and that supplements and contributes to the effectiveness of laundry 

detergents and/or provides specialized performance. 

“Laundry Starch Product” means a product that is designed for application to a fabric, 

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

act to help ease ironing of the fabric. This includes, but is not limited to, fabric finish, 

sizing, and starch. 

“Lawn and Garden Insecticide” means an insecticide product labeled primarily to be used 

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

Notwithstanding the requirements of Section 223.260 aerosol “Lawn and Garden 

Insecticides” may claim to kill insects or other arthropods. 

“Liquid” means a substance or mixture of substances 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 Board. This does not include powders or other 

materials that are composed entirely of solid particles. 

“Lubricant” means a product designed to reduce friction, heat, noise, or wear between 

moving parts, or to loosen rusted or immovable parts or mechanisms. This does not 

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

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

oils or other products designed to be added to fuels; products for use on the human body 

or animals; or products that are sold exclusively to establishments 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), expressed to the nearest 0.1. 
67

“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 20o

C, as determined by CARB 

Method 310; or 

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

chemical “mixture” comprised solely of “material” or 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 216o

C, 

as determined by CARB Method 310; or 

Is the weight percent of a chemical “mixture” that boils above 216o C, as 

determined by CARB Method 310. 

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

“compound” means a molecule of definite chemical formula and isomeric 

structure, and chemical “mixture” means a substrate comprised of two or more 

chemical “materials” or “compounds.” 

“Medicated Astringent /Medicated Toner” means any product regulated as a drug by the 

FDA which is applied to the skin for the purpose of cleaning or tightening pores. This 

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

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

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

prescription. 

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

Compound (MVOC)” means any volatile organic material or volatile organic compound 

that exerts a vapor pressure greater than two mm Hg and less than or equal to 80 mm Hg 

when measured at 20o

C. 

“Metal Polish /Cleanser” means any product designed primarily to improve the 

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

action. To “improve the appearance” means to remove or reduce stains, impurities, or 

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

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

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

Glaze,” wheel cleaner, “Paint Remover or Stripper,” products designed and labeled 

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

degreasing tanks. 

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

and which delivers a particle or mist spray, resulting in the formation of fine, discrete 
68

particles that yield a generally uniform and smooth application of adhesive to the 

substrate. 

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

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

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

designed for general purpose lubrication, or for use in a wide variety of applications. 

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

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

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

“Multi-purpose Solvent” means any organic liquid designed to be used for a variety of 

purposes, including cleaning or degreasing of a variety of substrates, or thinning, 

dispersing or dissolving other organic materials. This includes solvents used in 

institutional facilities, except for laboratory reagents used in analytical, educational, 

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

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

solvents that are incorporated into, or used exclusively in the manufacture or construction 

of the goods or commodities at the site of the establishment. 

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

fingernails or toenails and including but not limited to lacquers, enamels, acrylics, base 

coats and top coats. 

“Nail Polish Remover” means a product designed to remove nail polish and coatings 

from fingernails or toenails. 

“Non-aerosol Product” means any consumer product that is not dispensed by a 

pressurized spray system. 

“Non-Carbon Containing Compound” means any compound which does not contain any 

carbon atoms. 

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

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

“Non-Selective Terrestrial Herbicide” means a terrestrial herbicide product that is toxic 

to plants without regard to species. 

“Oven Cleaner” means any cleaning product designed to clean and to remove dried food 

deposits from oven walls. 

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

application to a substrate in a thin layer which is converted to an opaque solid film after 

application and is used for protection, decoration or identification, or to serve some 
69

functional purpose such as the filling or concealing of surface irregularities or the 

modification of light and heat radiation characteristics. 

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

other related coatings, by chemical action, from a substrate without markedly affecting 

the substrate. This does not include “Multi-purpose Solvents,” paint brush cleaners, 

products designed and labeled exclusively as “Graffiti Removers,” and hand cleaner 

products that claim to remove paints and other related coatings from skin. 

“Penetrant” means a lubricant designed and labeled primarily to loosen metal parts that 

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

include “Multi-purpose Lubricants” that claim to have penetrating qualities, but are not 

labeled primarily to loosen bonded parts. 

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

clothing for the primary purpose of adding a scent or masking a malodor, including 

cologne, perfume, aftershave, and toilet water. This does not include “Deodorant,” 

medicated products designed primarily to alleviate fungal or bacterial growth on feet or 

other areas of the body; mouthwashes, breath fresheners and deodorizers; lotions, 

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

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

human genitalia; soaps, shampoos, and products primarily used to clean the human body; 

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

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

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

substance 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 which the United States Environmental 

Protection Agency does not consider to be a pesticide. 

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

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

gloss level, or to cover fingerprints. 

“Pressurized Gas Duster” means a pressurized product labeled to remove dust from a 

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

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

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

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

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

customary conditions of display or purchase. Whenever a principal display panel appears 

more than once, all requirements pertaining to the “Principal Display Panel” shall pertain 

to all such “Principal Display Panels.” 
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 category 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 complying with Section 223.270 only, means the 

applicable form which most accurately describes the product's dispensing form as 

follows: 

A = Aerosol Product 

S = Solid 

P = Pump Spray 

L = Liquid 

SS = Semisolid 

O = Other 

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

same product category(ies). 

“Pump Spray” means a packaging system in which the product ingredients within the 

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

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

“Responsible ACP Party” means the company, firm or establishment which is listed on 

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

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

“manufactured for” or “distributed by,” as noted on the label. 

“Restricted Materials” means pesticides established as restricted materials under 

applicable Illinois Laws or Regulations. 

“Roll-on Product” means any antiperspirant or deodorant that dispenses active 

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

“Rubber and Vinyl Protectant” means any product designed to protect, preserve or renew 

vinyl, rubber, and plastic on vehicles, tires, luggage, furniture, and household products 

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

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

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

tire. 

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

isopropanol) or denatured ethanol and labeled for topical use, usually to decrease germs 

in minor cuts and scrapes, to relieve minor muscle aches, as a rubefacient, and for 

massage. 
71

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

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

“Sanding Sealer” means for purposes of this Subpart, a clear or semi-transparent wood 

coating labeled and formulated for application to bare wood to seal the wood and to 

provide a coat that can be abraded to create a smooth surface for subsequent applications 

of coatings. A “Sanding Sealer” that also meets the definition of a “Lacquer” is not 

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

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

designed to fill, seal, waterproof, or weatherproof gaps or joints between two surfaces. 

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

caulking compounds, clear/paintable/water resistant caulking compounds, floor seam 

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

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

which weigh more than one pound and consist of more than 16 fluid ounces. 

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

a compound which temporarily seals windows or doors for three to six month 

time intervals, and “clear/paintable/water resistant caulking compounds” means a 

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

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

is immediately resistant to precipitation upon application. 

“Semisolid” means a product that, at room temperature, will not pour, but will spread or 

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

“Shaving Cream” means an aerosol product which 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 bodily hair. The term does not include “Shaving Gel.” 

“Shaving Gel” means an aerosol product which dispenses a post-foaming semisolid 

designed to be used with a blade, cartridge razor, or other shaving system in the removal 

of facial or other bodily hair. This does not include “Shaving Cream.” 

“Silicone-based Multi-purpose Lubricant” means any lubricant which is designed and 

labeled to provide lubricity primarily through the use of silicone compounds including, 

but not limited to, polydimethylsiloxane; and designed and labeled for general purpose 

lubrication, or for use in a wide variety of applications. The term does not include 

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

“Single Phase Aerosol Air Freshener” means an aerosol air freshener with the liquid 

contents in a single homogeneous phase and which does not require that the product 

container be shaken before use. 
72

“Solid” means a substance or mixture of substances 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, incorporated by reference in Section 223.120, or an 

equivalent method approved by the California Air Resources Board. 

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

following definitions: 

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

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

board, cloth, etc.) without causing discoloration to the artwork. 

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

vinyl to substrates. Flexible vinyl means a nonrigid polyvinyl chloride plastic 

with at least five percent, by weight, of plasticizer content. A plasticizer is a 

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

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

determined using ASTM Method E260-96, incorporated by reference in Section 

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

the CARB. 

“Polystyrene Foam Adhesive” means an aerosol adhesive designed to bond 

polystyrene foam to substrates. 

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

together layers in motor vehicle headliners. 

“Polyolefin Adhesive” means an aerosol adhesive designed to bond polyolefins to 

substrates. 

“Laminate Repair/Edgebanding Adhesive” means an aerosol adhesive designed 

for: 

The touch-up or repair of items laminated with high pressure laminates 

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

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

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

molding, and decorative metals. 

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

materials which consist of paper, fabric, or other core material that have 

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

between 1,000 and 1,400 psi. 
73

“Automotive Engine Compartment Adhesive” means an aerosol adhesive 

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

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

275 degrees F. 

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

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

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

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

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

conjunction with a floor buffing machine and special pad. 

“Stick Product” means any antiperspirant or deodorant that contains active ingredients in 

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

affected area. 

“Structural Waterproof Adhesive” means an adhesive whose bond lines are resistant to 

conditions of continuous immersion in fresh or salt water, and that conforms with Federal 

Specification MMM-A-181D (Type 1, Grade A), and MIL-A-4605 (Type A, Grade A 

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

“Terrestrial” means to live on or grow from land. 

“Tire Sealant and Inflation” means any pressurized product that is designed to 

temporarily inflate and seal a leaking tire. 

“Toilet/Urinal Care Product” means any product designed or labeled to clean and/or to 

deodorize toilet bowls, toilet tanks, or urinals. Toilet bowls, 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 placed at temporary or remote 

locations, and toilet 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 CO2, N2, N2O, 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 which is used as a propellent including 

chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and 

hydrofluorocarbons (HFCs). 

“Type C Propellant” means any propellent which is not a Type A or Type B propellant, 

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

oxide). 
74

“Undercoating” means any aerosol product designed to impart a protective, non-paint 

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

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

mastic, or asphaltic products. 

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

label, or accompanying literature which describes to the end user how and in what 

quantity the product is to be used. 

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

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

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

223.285(a) and (b). 

For charcoal lighter material products only, 

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 District Rule 1174 

Ignition Method Compliance Certification Protocol 

(February 27, 1991), expressed to the nearest 0.001 pound 

CH2 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), expressed to the nearest 0.001 pound 

certified product used per start. 

For purposes of Subpart C of this Part, “VOM Content” means the weight of 

VOM per volume of coating, calculated according to the procedures specified in 

subsection 223.340(a). 

“Wasp and Hornet Insecticide” means any insecticide product that is designed for use 

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

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

“Waterproofer” means a product designed and labeled exclusively to repel water from 

fabric or leather substrates, excluding “Fabric Protectants”. 
75

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

weight hydrocarbons or high molecular weight esters of fatty acids or alcohols, except 

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

derived from the secretions of plants and animals such as carnuba wax and beeswax, 

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

such as polyethylene. 

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

purpose spray adhesive. 

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

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

include ”Dusting Aid,” “General Purpose Cleaner,” “Furniture Maintenance Product,” 

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

exclusively to preserve or color wood. 

“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, Section 223.230, Section 223.240, or 

Section 223.245, no person shall sell, supply, offer for sale, or manufacture for 

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

which contains VOMs in excess of the limits specified below: 

 

 Affected Product % VOM 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, Panel, and Floor Contact 15 

 3) Adhesives - General Purpose 10 
76

 4) Adhesives – Structural Waterproof 15 

5) Air Fresheners 

A) Single-Phase Aerosol 30 

 

B) Double Phase Aerosol 25 

 

C) Liquids / Pump Sprays 18 

 

D) Solids / Gel 3 

6) Antiperspirants 

A) Aerosol 40 HVOM 

 10 MVOM 

B) Non-Aerosol 0 HVOM 

 0 MVOM 

7) Automotive Brake Cleaners 45 

 8) Automotive Rubbing or Polishing Compound 17 

 9) Automotive Wax, Polish, Sealant, or Glaze 

 

A) Hard Paste Waxes 45 

 

B) Instant Detailers 3 

 

C) All Other Forms 15 

 10) Automotive Windshield Washer Fluids 35 

 11) Bathroom and Tile Cleaners 

 

A) Aerosol 7 

 

B) All Other Forms 5 

 12) Bug and Tar Remover 40 

13) Carburetor or Fuel-Injection Air Intake Cleaners 45 

14) Carpet and Upholstery Cleaners 
77

 

A) Aerosol 7 

 

B) Non-Aerosol (Dilutables) 0.1 

 

C) Non-Aerosol (Ready-to-Use) 3.0 

 

 15) Charcoal Lighter Material see Section 223.220 

 16) Cooking Spray – Aerosol 18 

 17) Deodorants 

 A) Aerosol 0 HVOM 

 10 MVOM 

 B) Non-Aerosol 0 HVOM 

 0 MVOM 

 18) Dusting 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 17 
78

 

B) All Other Forms Except Solid or Paste 7 

 24) General Purpose Cleaners 

 

A) Aerosol 10 

 

B) Non-Aerosol 4 

 25) General Purpose Degreasers 

 

A) Aerosol 50 

 

B) Non-Aerosol 4 

 26) Glass Cleaners 

 

A) Aerosol 12 

 

B) Non-Aerosol 4 

 27) Hair Mousses 6 

 28) Hairshines 55 

 29) Hairsprays 55 

 30) Hair Styling Gels 6 

31) Heavy Duty Hand Cleaner or Soap 8 

 32) Insecticides 

 

A) Crawling Bug (Aerosol) 15 

 

B) Crawling Bug (All Other Forms) 20 

 

C) Flea and Tick 25 

 

D) Flying Bug (Aerosol) 25 

 

E) Flying Bug (All Other Forms) 35 

 

F) Foggers 45 

 

G) Lawn and Garden (Aerosol) 20 
79

 

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 Removers 
80

 

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 antiperspirant or deodorant that contains any 

compound listed below: 

 Benzene 

 Ethylene Dibromide 

 Ethylene Dichloride 

 Hexavalent Chromium 

 Asbestos 

 Cadmium (metallic cadmium and cadmium compounds) 

 Carbon Tetrachloride 

 Trichloroethylene 

 Chloroform 

 Vinyl Chloride 

 Inorganic Arsenic 

 Nickel (metallic nickel and inorganic nickel compounds) 

 Perchloroethylene 

 Formaldehyde 

 1,3-Butadiene 

 Inorganic Lead 

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

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

Section 223.206 Diluted Products 

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

specifically states that the product should be diluted with water or non-VOM 

solvent prior to use, the limits specified in Section 223.205(a) must apply to the 

product only after the minimum recommended dilution has taken place. 

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

dilution shall not include recommendations for incidental use of a concentrated 

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

stains. 

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

states that the product should be diluted with any VOM solvent prior to use, 
81

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

maximum recommended dilution has taken place. 

 

Section 223.207 Products registered under FIFRA 

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

Rodenticide Act, (FIFRA, 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 section 41712(h)(2), incorporated by reference in 

Section 223.120, the standards for aerosol adhesives apply to all uses of aerosol 

adhesives, including consumer, industrial, and commercial uses. Except as 

otherwise provided in Sections 223.207, 223.230, 223.240, 223.245, no person 

shall sell, supply, offer for sale, use or manufacture for sale in Illinois any aerosol 

adhesive which, at the time of sale, use, or manufacture, contains VOMs in excess 

of the specified standard. 

 b) “Special Purpose Spray Adhesive.” 

1) In order to qualify as a “Special Purpose Spray Adhesive” the product 

must meet one or more of the definitions for “Special Purpose Spray 

Adhesive” specified in Section 223.203, but if the product label indicates 

that the product is suitable for use on any substrate or application not 

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

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

“Mist Spray Adhesive.” 

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

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

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

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

limit specified in Section 223.205(a). 

c) Effective January 1, 2009, no person shall sell, supply, offer for sale, or 

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

following compounds: methylene chloride, perchloroethylene, or 

trichloroethylene. 

d) All aerosol adhesives must comply with the labeling requirements specified in 

Section 223.265. 

 

Section 223.209 Requirements for Floor Wax Strippers 
82

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-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 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 contains any of the following ozonedepleting compounds: 

 

 1) Trichlorofluoromethane (CFC-11); 

 2) Dichlorodifluoromethane (CFC-12); 

 

 3) 1,1,1-trichloro-2,2,2-trifluoroethane (CFC-113); 

 4) 1-chloro-1,1-difluoro-2-chloro-2,2-difluoroethane (CFC-114); 

 

 5) Chloropentafluoroethane (CFC-115); 

 6) Bromochlorodifluoromethane (Halon 1211); 

 7) Bromotrifluoromethane (Halon 1301); 

 8) Dibromotetrafluoroethane (Halon 2402); 

 9) Chlorodifluoromethane (HCFC-22); 

 10) 2,2-dichloro-1,1,1-trifluoroethane (HCFC-123); 

 11) 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); 

 

 12) 1,1-dichloro-1-fluoroethane (HCFC-141b); 
83

 13) 1-chloro-1,1-difluoroethane (HCFC-142b); 

 14) 1,1,1-trichloroethane; and 

 15) Carbon tetrachloride. 

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

formulation existing as of January 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 1, 2009, any 

charcoal lighter material product unless at the time of the transaction the 

manufacturer can demonstrate that they have been issued an effective certification 

by the CARB under the Consumer Products provisions under Subchapter 8.5, 

Article 2, Section 94509(h), of Title 17 of the California Code of Regulations, 

incorporated by reference in Section 223.120. This certification remains in effect 

for Illinois for as long as the CARB certification remains in effect. 

b) Alternatively, the person may demonstrate that at the time of the transaction the 

manufacturer had been issued a certification by an air pollution agency of another 

state and the USEPA that was current at the time of the transaction. 

 

c) Upon request by the Agency, a manufacturer claiming to have a certification as 

specified in subsection (a) of this Section, must submit to the Agency a copy of 

the certification decision, including all conditions applicable to the certification 

established by CARB or the air pollution agency of another state and 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 manufacturer or distributor has taken reasonable, 

prudent precautions to assure that the consumer product is not distributed to 

Illinois. This exemption shall not apply to consumer products that are sold, 

supplied, or offered for sale by any person to retail outlets in Illinois. 
84

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

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

specified in Section 223.205(a). 

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

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

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

contained in any antiperspirant or deodorant. 

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

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

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

pressure of two mm Hg or less at 20o

C. 

e) The VOM limits specified in Section 223.205(a) shall not apply to any LVPVOM. 

f) The requirements of Section 223.250 shall not apply to consumer products 

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

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

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

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

under Section 211.7150 or exempted under subsection 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-dichlorobenzene; 

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

in containers of one fluid ounce or less. 

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

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

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

weight, where the bait is designed to be ingested by insects and is composed of 

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

Section 223.240 Innovative Product Exemption 

a) Any manufacturer of consumer products 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 94503.5 of Title 17 of the California 

Code of Regulations, both incorporated by reference in Section 223.120, 

shall be exempt from the limits in 223.205(a) for the period of time that 

the CARB Innovative Products exemption remains in effect, provided that 
85

all consumer products within the CARB Innovative Products exemption 

are contained in the limits in 223.205(a) of this regulation. Any 

manufacturer claiming such an exemption on this basis must submit 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 shall be maintained by the responsible 

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

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. 

Section 223.245 Alternative Compliance Plans 

a) The purpose of this section is to provide an alternative method to comply with the 

limits in Section 223.205(a). This alternative is provided by allowing responsible 

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

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

products may enter into an ACP. 

b) Any manufacturer of consumer products which have been granted an ACP 

Agreement by the CARB under the provisions in Subchapter 8.5, Article 4, 

Sections 94540-94555, of Title 17 of the California Code of Regulations, 

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

Section 223.205(a) for the period of time that the CARB ACP Agreement remains 

in effect provided that all ACP Products used for emissions credits within the 

CARB ACP Agreement are contained in Section 223.205(a) of this regulation. 

Any manufacturer claiming such an ACP Agreement on this basis must submit to 

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

including all conditions established by CARB applicable to the exemption. 

 c) Recordkeeping and Availability of Requested Information. 

1) All information specified in the ACP Agreement approving an ACP shall 

be maintained by the responsible ACP party for a minimum of three years 

after the expiration of 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 manufactured, or a code indicating such date. 

b) A manufacturer who uses the following code to indicate the date of manufacture 

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

represented separately from other codes on the product container so that it is 

easily recognizable: 

YY DDD = year year day day day 

Where: 

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

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

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

representing the second day of the year, and so forth (i.e., the “Julian 

date”) 

c) This date or code shall be displayed on each consumer product container or 

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

Section 223.205(a). 

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

cover/cap so that it is readily observable or obtainable by simply removing the 

cap/cover without irreversibly disassembling any part of the container or 

packaging. For the purposes of this subsection, information may be displayed on 

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

product packaging. 

e) The requirements of this Section 223.250 shall not apply to products containing 

no VOMs (as defined in Section 223.203), or containing VOMs at 0.10% by weight or 

less. 

Section 223.255 Additional Product Dating Requirements 

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

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

container without the express authorization of the manufacturer. No manufacturer 

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

b) Date code explanations for codes indicating the date of manufacture are public 
87

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 panel of any consumer product manufactured 

before January 1, 2009, or any FIFRA-registered insecticide manufactured before 

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

suitable for use as, a consumer product for which 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 consumer product for which a lower VOC limit is 

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

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

insecticide foggers. 

 

Section 223.265 Additional Labeling Requirements for Aerosol Adhesives, Adhesive 

Removers, Electronic Cleaners, Electrical Cleaners, Energized 

Electrical Cleaners, and Contact Adhesives 

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

223.270, both the manufacturer and responsible party for each aerosol adhesive, 

adhesive remover, electronic cleaner, electrical cleaner, energized electrical 

cleaner, and contact adhesive product subject to this regulation shall ensure that 

all products clearly display the following 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 the product that is specified in Section 

223.205(a) except for Energized Electrical Cleaner, expressed as a 

percentage by weight, shall be displayed unless the product is included in 

an alternative control plan approved by the Agency, as provided in
88

Sections 223.240, and 223.245, and the product exceeds the applicable 

VOM standard; 

3) If the product is included in an alternative control plan approved by the 

Agency, and the product exceeds the applicable VOM standard specified 

in Section 223.205(a), the product shall be labeled with the term “ACP” or 

“ACP product”; 

4) If the product is classified as a special purpose spray adhesive, the 

applicable substrate and/or application or an abbreviation of the substrate 

and/or application that qualifies the product as special purpose shall be 

displayed. 

5) If the manufacturer or responsible party uses an abbreviation as allowed 

by this Section 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 observable without removing or disassembling any 

portion of the product container or packaging. For the purposes of this 

subsection, information may be displayed on the bottom of a container as long as 

it is clearly legible without removing any product packaging. 

c) No person shall remove, alter, conceal, or deface the information required in 

Subsection 223.265(a) prior to final 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 number of the responsible party and the 

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

 2) For each product subject to Section 223.205(a): 

A) The product brand name; 

B) The product label; 

C) The product category to which the consumer product belongs; 

D) The applicable product form(s) listed separately; and 

E) An identification of the product as a household product, 

institutional product, or both; 
89

 

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

method used to calculate Illinois sales for each product form; 

4) For information submitted by multiple companies, an identification of 

each company 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-tenth 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-containing 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 fragrance that are LVP-VOMs; and 

ii) The percent of fragrance 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 Chemical Abstract Services (CAS) number, 

of the following: 

A) Each Section 223.205(a) compound; and 

B) Each LVP-VOM that is not a fragrance; and 

7) If the product includes a propellant, the following: 

A) The weight percent comprised of propellant for each product; and 
90

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) of this Section the responsible 

party shall report or shall arrange to have reported to the Agency, upon request, 

the net percent by weight of each ozone-depleting compound which is: 

 

 1) Listed in Section 223.210(a); and 

2) Contained in a product subject to reporting under subsection (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 Requirements for Consumer Products that 

Contain Perchloroethylene or Methylene Chloride 

a) The requirements of this Section shall apply to all responsible parties for 

consumer products that are subject to Section 223.205(a) and contain 

perchloroethylene or methylene chloride and Energized Electrical Cleaners as 

defined in Section 223.203, that contain perchloroethylene or methylene chloride. 

For the purposes of this Section, a product “contains perchloroethylene or 

methylene chloride” if the product contains 1.0 percent 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, 

the responsible party shall report the following information for products sold in 

Illinois, upon request of the Agency, 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 form(s) (listed separately); 

4) For each product form listed in (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 percent, of perchloroethylene 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 the requirements of this Subpart shall be 

performed using CARB Method 310, Determination 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 shall be kept for each day of production 

of the amount and chemical composition 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 VOMs per unit, divided by the total net 

weight of unit excluding container and packaging and the product, 

multiplied by 100 as in the formula below: 

VOM Content = B - C x 100 

 A 

5) If product records appear to demonstrate compliance with the VOM limits, 

but these records are contradicted by product testing performed using 

CARB Method 310, the results of CARB Method 310 shall take 

precedence over the product records and may be used to establish a 

violation of the requirements of this 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 the certification requirements for charcoal 

lighter material shall be performed using the procedures specified in the 

SCAQMD Test Protocol Rule 1174 Ignition Method Compliance Certification 

Protocol dated February 28, 1991, which is incorporated by reference in Section 

223.120. 

e) Testing to determine distillation points of petroleum distillate-based charcoal 

lighter materials shall be performed using ASTM D86-07b, 2007, which is 

incorporated by reference in Section 223.120 or an equivalent method 

approved by the CARB. 

f) No person shall create, alter, falsify, or otherwise modify records in such a way 

that the records do not accurately reflect the constituents used to manufacture a 

product, the chemical composition of the individual product, and any other test, 

processes, or records used in connection with product manufacture. 

SUBPART C: ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS 

Section 223.300 Purpose 

The purpose of this Subpart is to limit emissions of VOMs by requiring reductions in the VOM 

content of architectural and industrial maintenance coatings and required work practices to 

minimize VOM emissions in the application of architectural and industrial maintenance coatings 

to surfaces. 

Section 223.305 Applicability 

This Subpart is applicable to any person who supplies, sells, offers for sale, or manufactures any 

architectural coating for use within the state of Illinois, as well as any person who applies or 

solicits the application of any architectural coating within Illinois. This Subpart does not apply 

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 that is applied for the purpose of bonding two 

surfaces together other than by mechanical means. 

“Aerosol Coating Product” means a pressurized coating product containing pigments or 

resins that dispenses product ingredients by means of a propellant, and is packaged in a 

disposable can for hand-held application or for use in specialized equipment for ground 

traffic/marking applications. 

“Antenna Coating” means a coating labeled and formulated exclusively for application to 

equipment and associated structural appurtenances that are used to receive or transmit 

electromagnetic signals. 

“Antifouling Coating” means a coating labeled and formulated for application to 

submerged stationary structures and their appurtenances to prevent or reduce the 

attachment of marine or freshwater biological organisms. To qualify as an “Antifouling 

Coating,” the coating must be registered with the USEPA under the Federal Insecticide, 

Fungicide and Rodenticide Act (7 U.S.C. Section 136 et. seq.) 

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

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

kitchen fixtures, cabinets, concrete forms, doors, elevators, fences, hand railings, heating 

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

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

downspouts, stairways, fixed ladders, catwalks and fire escapes, and window screens. 

“Architectural Coating” means a coating to be applied to stationary structures or the 

appurtenances at the site of installation, to portable buildings at the site of installation, to 

pavements, or to curbs. Coatings applied in shop applications or to non-stationary 

structures such as airplanes, ships, boats, railcars, and automobiles, and adhesives are not 

considered architectural coatings for the purposes of this rule. 

“Bitumens” means black or brown materials including, but not limited to, asphalt, tar, 

pitch, and asphaltite that are soluble in carbon disulfide, consist mainly of hydrocarbons, 

and are obtained from natural deposits or as residues from the distillation of crude 

petroleum or coal. 

“Bituminous Roof Coating” means a coating which incorporates “Bitumens” that is 

labeled and formulated exclusively for roofing. 
94

“Bituminous Roof Primer” means a primer which incorporates “Bitumens” that is labeled 

and formulated exclusively for roofing. 

“Bond Breaker” means a coating labeled and formulated for application between layers 

of concrete to prevent a freshly poured top layer of concrete from bonding to the layer 

over which it is poured. 

“Calcamine Recoaters” means a flat solvent born coatings formulated and recommended 

specifically for recoating calcamine-painted ceilings and other calcamine-painted 

substrates. 

“Clear Brushing Lacquers” means clear wood finishes, excluding clear lacquer sanding 

sealers, formulated with nitrocellulose or synthetic resins to dry by solvent evaporation 

without chemical reaction and to provide a solid, protective film, which are intended 

exclusively for application by brush and which are labeled as specified in 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 Subpart, a concentrated pigment dispersion in 

water, solvent, and/or binder that is added to an architectural coating after packaging in 

sale units to produce the desired color. 

“Concrete Curing Compound” means for purposes of this Subpart, a coating labeled and 

formulated for application to freshly poured concrete to retard the evaporation of water. 

“Concrete Surface Retarder” means a mixture of retarding ingredients such as extender 

pigments, primary pigments, resin, and solvent that interact chemically with the cement 

to prevent hardening on the surface where the retarder is applied, allowing the retarded 

mix of cement and sand at the surface to be washed away to create an exposed aggregate 

finish.” 

“Conversion Varnish” means a clear acid-curing coating with an alkyd or other resin 

blended with amino resins and supplied as a single component or two-component 

product. Conversion varnishes produce a hard, durable, clear finish designed for 

professional application to wood flooring. Film formation is the result of an 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 subsequent contact with incidental surfaces in the 

vicinity of the surface coating activity. 

“Exempt Compound” means a compound identified as exempt under the definition of 

Volatile Organic Material (VOM) in Part 211.7150. The exempt compound content of a 

coating shall be determined by USEPA Method 24 or South Coast Air Quality 

Management District (SCAQMD) Method 303-91 (Revised February 1993), incorporated 

by reference on Section 223.120. 

“Faux Finishing Coating” means a coating labeled and formulated as a stain or a glaze to 

create artistic effects including, but not limited to, dirt, old age, smoke damage, and 

simulated marble and wood grain. 

“Fire-Resistive Coating” means an opaque coating labeled and formulated to protect the 

structural integrity by increasing the fire endurance of interior or exterior steel and other 

structural materials, that has been fire tested and rated by a testing agency and approved 

by building code officials for use in bringing assemblies of structural materials into 

compliance with federal, state, and local building code requirements. The fire-resistive 

coating and the testing agency must be approved by building code officials. The fireresistive coating shall be tested in accordance with ASTM Designation E 119-98, 

incorporated by reference in Section 223.120. 

“Fire-Retardant Coating” means a coating labeled and formulated to retard ignition and 

flame spread, that has been fire tested and rated by a testing agency approved by building 

code officials for use in bringing building and construction materials into compliance 

with federal, state, and local building code requirements. The fire-retardant coating and 

the testing agency must be approved by building code officials. The fire-retardant 

coating shall be tested in accordance with ASTM Designation E 84-07, incorporated by 

reference in Section 223.120. 

“Flat Coating” means a coating that is not defined under any other 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 formulated for application 

to flooring, including, but not limited to, decks, 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 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 handapplication by artists using brush or roller techniques to indoor and outdoor signs 

(excluding structural components) and murals including letter enamels, poster colors, 

copy blockers, and bulletin enamels. 

“High-Temperature Coating” means a high performance coating, excluding engine paint, 

labeled and formulated for application to substrates exposed continuously or 

intermittently to temperatures above 204°C (400°F). 

“Impacted Immersion Coating” means a high performance maintenance coating 

formulated and recommended for application to steel structures subject to immersion in 

turbulent, debris-laden water. These coatings are specifically resistant to high-energy 

impact damage by floating ice or debris. 

“Industrial Maintenance Coating” means a high performance architectural coating, 

including primers, sealers, undercoaters, intermediate coats, and topcoats, formulated for 

application to substrates exposed to one or more of the following extreme environmental 

conditions listed below, and labeled as specified in subsection 223.320(d): 

Immersion in water, wastewater, or chemical solutions (aqueous and non-aqueous 

solutions), or chronic exposures of interior surfaces to moisture condensation; 

Acute or chronic exposure to corrosive, caustic, or acidic agents, or to chemicals, 

chemical fumes, or chemical mixtures or solutions; 

Repeated exposure to temperatures above 121°C (250°F); 

Repeated (frequent) heavy abrasion, including mechanical wear and repeated 

(frequent) scrubbing with industrial solvents, cleansers, or scouring agents; or 

Exterior exposure of metal structures and structural components. 

“Lacquer” means for purposes of this Subpart, a clear or opaque wood coating, including 

clear lacquer sanding sealers, formulated with cellulosic or synthetic resins to dry by 

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

“Low-Solids Coating” means a coating containing 0.12 kilogram or less of solids per liter 

(1 pound or less of solids per gallon) of coating material. 

“Magnesite Cement Coating” means a coating labeled and formulated for application to 

magnesite cement decking to protect the magnesite cement substrate from erosion by 
97

water. 

“Mastic Texture Coating” means a coating labeled and formulated to cover holes and 

minor cracks and to conceal surface irregularities, and is applied in a single coat of at 

least 10 mils (0.010 inch) dry film thickness. 

“Metallic Pigmented Coating” means a coating containing at least 48 grams of elemental 

metallic pigment per liter of coating as applied (0.4 pounds per gallon), when tested in 

accordance with SCAQMD Method 318-95, incorporated by reference in Section 

223.120. 

“Multi-Color Coating” means a coating that is packaged in a single container and that 

exhibits more than one color when applied in a single coat. 

“Non-flat Coating” means a coating that is not defined under any other definition in this 

rule and that registers a gloss of 15 or greater on an 85-degree meter and five or greater 

on a 60 degree meter according to ASTM Designation D 523-89 (1999), incorporated by 

reference in Section 223.120 or an equivalent method approved by the California Air 

Resources Board. 

“Non-flat - High Gloss Coating” means a non-flat coating that registers a gloss of 70 or 

above on a 60-degree meter according to ASTM Designation D 523-89 (1999), 

incorporated by reference into Section 223.120 or an equivalent method approved by the 

CARB. 

“Nonindustrial Use” means any use of architectural coatings except in the construction or 

maintenance of any of the following: facilities used in the manufacturing of goods and 

commodities, transportation infrastructure, including highways, bridges, airports and 

railroads, facilities used in mining activities, including petroleum extraction, utilities 

infrastructure, including power generation and distribution, and water treatment and 

distribution systems. 

“Nuclear Coating” means a protective coating formulated and recommended to seal 

porous surfaces such as steel (or concrete) that otherwise would be subject to intrusions 

by radioactive materials. These coatings must be resistant to long-term (service life) 

cumulative radiation exposure [ASTM Method 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 exposed [ASTM Method D 3912-95, incorporated by 

reference in Section 223.120]. 

“Post-Consumer Coating” means a finished coating that would have been disposed of in a 

landfill, having completed its usefulness to a consumer, and does not include 

manufacturing wastes. 

“Pre-Treatment Wash Primer” means a primer that contains a minimum of 0.5 acid, by 

weight, when tested in accordance with ASTM Designation D 1613-03, incorporated by 
98

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 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 subsection 

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 Designation D 1640-03, incorporated by 

reference in Section 223.120, or an equivalent method approved by the CARB, 

sets to touch in two hours or less, is tack free in four hours or less, and dries hard 

in eight hours or less by the mechanical test method; and 

Has a dried film gloss of 70 or above on a 60-degree meter. 

“Quick-Dry Primer Sealer and Undercoater” means a “Primer,” “Sealer,” or 

“Undercoater” that is dry to the touch in 30 minutes and can be recoated in two hours 

when tested in accordance with ASTM Designation D 1640-03, incorporated by reference 

in Section 223.120 or an equivalent method approved by the CARB. 

“Recycled Coating” means an architectural coating formulated such that not less than 50 

percent of the total weight consists of secondary and post-consumer coating, with not less 

than 10 percent of the total weight consisting of post-consumer coating. 

“Residence” means areas where people reside or lodge, including, but not limited to, 

single and multiple family dwellings, condominiums, mobile homes, apartment 

complexes, motels, and hotels. 

“Roof Coating” means a nonbituminous coating labeled and formulated exclusively for 

application to roofs for the primary purpose of preventing penetration of the substrate by 

water or reflecting heat and ultraviolet radiation. Metallic pigmented roof coatings which 

qualify as metallic pigmented coatings, shall not be considered in this category, but shall 

be considered to be in the metallic pigmented coatings category. 

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

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

“Sanding Sealer” means for purposes of this Subpart, a clear or semi-transparent wood 

coating labeled and formulated for application to bare wood to seal the wood and to 

provide a coat that can be abraded to create a smooth surface for subsequent applications 
99

of coatings. A “Sanding Sealer” that also meets the definition of a “Lacquer” is not 

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

“Sealer” means for purposes of this Subpart, a coating labeled and formulated for 

application to a substrate for one or more of the following purposes: to prevent 

subsequent coatings from being absorbed by the substrate, or to prevent harm to 

subsequent coatings by materials in the substrate. 

“Secondary Coating (Rework)” means a fragment of a finished coating or a finished 

coating from a manufacturing process that has converted resources into a commodity of 

real economic value, but does not include excess virgin resources of the manufacturing 

process. 

“Shellac” means a clear or opaque coating formulated solely with the resinous secretions 

of the lac beetle (Laciffer lacca), thinned with alcohol, and formulated to dry by 

evaporation without a chemical reaction. 

“Shop Application” means the application of a coating to a product or a component of a 

product in or on the premises of a factory or a shop as part of a manufacturing, 

production, or repairing process (e.g., original equipment manufacturing coatings). 

“Solicit” means to require for use or to specify by written or oral contract. 

“Specialty Primer, Sealer, and Undercoater” means a coating labeled as specified in 

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 surface 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 equivalent method approved by the 

CARB. 

“Stain” means a clear, semitransparent, or opaque coating labeled and formulated to 

change the color of a surface, but not conceal the grain pattern or texture. 

“Stone Consolidant” means a coating that is labeled and formulated for application to 

stone substrates to repair historical structures that have been damaged by weathering or 

other decay mechanisms. Stone Consolidants must penetrate into stone substrates to 

create bonds between particles and consolidate deteriorated material. Stone Consolidants 

must be specified and used in accordance with ASTM E2167-01, incorporated by 

reference in Section 223.120. 

Stone Consolidants are for professional use only and must be labeled as such, in 

accordance with the labeling requirements in Section 223.320. 

“Swimming Pool Coating” means a coating labeled and formulated to coat the interior of 

swimming pools and to resist swimming pool chemicals. 
100

“Swimming Pool Repair and Maintenance Coating” means a rubber-based coating 

labeled and formulated to be used over existing rubber-based coatings for the repair and 

maintenance of swimming pools. 

“Temperature-Indicator Safety Coating” means a coating labeled and formulated as a 

color-changing indicator coating for the purpose of monitoring the temperature and safety 

of the substrate, underlying piping, or underlying equipment, and for application to 

substrates exposed continuously or intermittently to temperatures above 204°C (400°F). 

“Thermoplastic Rubber Coating and Mastics” means a coating or mastic formulated and 

recommended for application to roofing or other structural surfaces and that incorporates 

no less than 40 percent by weight of thermoplastic rubbers in the total resin solids and 

may also contain other ingredients including, but not limited to, fillers, pigments and 

modifying resins. 

“Tint Base” means an architectural coating to which colorant is added after packaging in 

sale units to produce a desired color. 

“Traffic Marking Coating” means a coating labeled and formulated for marking and 

striping streets, highways, or other traffic surfaces including, but not limited to, curbs, 

berets, driveways, parking lots, sidewalks, and airport runways. 

“Undercoater” means a coating labeled and formulated to provide a smooth surface for 

subsequent coatings. 

“Varnish” means a clear or semitransparent wood coating, excluding lacquers and 

shellacs, formulated to dry by chemical reaction on exposure to air. Varnishes may 

contain small amounts of pigment to color a surface, or to control the final fetal 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 subsection 223.340(a). 

“Waterproofing Concrete/Masonry Sealers” means clear or pigmented sealers that are 

formulated for sealing concrete and masonry to provide resistance against water, alkalis, 

acids, ultraviolet light, or staining. 

“Waterproofing Sealer” means a coating labeled and formulated for application to a 

porous substrate for the primary purpose of preventing the penetration of water. 

“Wood Preservative” means a coating labeled and formulated to protect exposed wood 

from decay or insect attack that is registered with both the USEPA under the Federal 

Insecticide, Fungicide, and Rodenticide Act (7 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 repackage for sale within Illinois, supply, sell, or offer for 

sale within Illinois, or solicit for application or apply within Illinois, any architectural 

coating manufactured on or after 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 sanding 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, Sealers 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 factor: one pound VOM per gallon (U.S.) = 119.95 grams per liter.) 

b) Limits are expressed in grams of VOM per liter of coating thinned to the 

manufacturer's maximum recommendation, excluding the volume of any water, 

exempt compounds, or colorant added to tint bases. “Manufacturers maximum 
104

recommendation” means the maximum recommendation for thinning that is 

indicated on the label or lid of the coating container. 

c) Most Restrictive VOM Limit. If anywhere on the container of any architectural 

coating, or any label or sticker affixed to the container, or in any sales, 

advertising, or technical literature supplied by a manufacturer or anyone acting on 

their 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 Section 223.310(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)(20) below: 

 

1) Lacquer coatings (including lacquer sanding sealers); 

 

2) Metallic pigmented coatings; 

 

3) Shellacs; 

4) Fire-retardant coatings; 

 

5) Pretreatment wash primers; 

 

6) Industrial maintenance coatings; 

 

7) Low-solids coatings; 

 

8) Wood preservatives; 

 

9) High-temperature coatings; 

 

10) Temperature-indicator safety coatings; 

 

11) Antenna coatings; 

 

12) Antifouling coatings; 

 

13) Flow coatings; 

 

14) Bituminous roof primers; 

 

15) Specialty primers, sealers, and undercoaters. 

16) Conversion Varnish 

 

17) Calcimine Recoaters 
105

18) Impacted Immersion Coatings 

19) Nuclear Coatings 

20) Thermoplastic Rubber Coating and Mastics 

21) Concrete Surface Retarder 

d) Painting Practices. All architectural coating containers used to apply the contents 

therein to a surface directly from the container by pouring, siphoning, brushing, 

rolling, padding, ragging, or other means, shall be closed when not in use. These 

architectural coatings containers include, but are not limited to, drums, buckets, 

cans, pails, trays, or other application containers. Containers of any 

VOM-containing materials used for thinning and cleanup shall also be closed 

when not in use. 

e) Thinning. No person who applies or solicits the application of any architectural 

coating shall apply a coating that is thinned to exceed the applicable VOM limit 

specified in Section 223.310(a). 

f) Rust Preventive Coatings. No person shall apply or solicit the application of any 

rust preventive coating for industrial use 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 regulated 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 specialty coatings categories listed in Section 

223.310(a), the VOM content limit shall be determined by classifying the coating 

as a flat coating, a non-flat coating, or a non-flat high-gloss coating, based on its 

gloss, as defined in Section 223.307, and the corresponding flat or non-flat 

coating limit shall apply. 

Section 223.320 Container Labeling Requirements 

Each manufacturer of any architectural coatings subject to this Subpart shall display the 

information listed in subsections 223.320(a) through 223.320(j) on the coating 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 manufacturer shall file an 

explanation of each code with the Agency upon request. 

b) Thinning Recommendations. A statement of the manufacturer's recommendation 

regarding thinning of the coating shall be indicated on the label or lid of the 
106

container. This requirement does not apply to the thinning of architectural 

coatings with water. If thinning of the coating prior to use is not necessary, the 

recommendation must specify that the coating is to be applied without thinning. 

c) VOM or VOC Content. Each container of any coating subject to this rule shall 

display either the maximum or the actual VOM content of the coating, as 

supplied, or the actual VOM content including the maximum thinning as 

recommended by the manufacturer. VOM content shall be displayed in grams of 

VOM per liter of coating. VOM content displayed shall be calculated using 

product formulation data, or shall be determined using the test methods in 

subsection 223.340(b). The equations in subsection 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 (a), (b), and (c), each manufacturer 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 of all clear brushing lacquers shall prominently display the statements “For brush application only,” and “This product 

must not be thinned or sprayed.” 

f) Rust Preventive Coatings. The labels of all rust preventive coatings shall prominently display the statement “For Metal Substrates Only.” 

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

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

descriptions listed in subsection (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 Dry” and the dry hard time. 

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

 coatings shall prominently display the words “High Gloss.” 

j) Stone Consolidants: Effective 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 manufacturer of clear brushing 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 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. Each manufacturer 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 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. Each manufacturer of specialty 

primers, sealers, and undercoaters 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 specialty primers, sealers, and undercoaters sold 

in the state during the preceding calendar year; and 

 2) The method used by the manufacturer to calculate state sales. 

 

d) Toxic Exempt Compounds. For each architectural coating that contains 

perchloroethylene or methylene chloride, 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 Section 223.210(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) Manufacturers of recycled coatings must submit a letter to the Agency 

self-certifying their status as a Recycled Paint Manufacturer upon request 

of the Agency, within 90 days written notice. 

2) Each recycled coatings manufacturer shall report the following 

information for products sold in Illinois, 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 manufacturer 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 Agency, within 90 days written notice: 

1) The number of gallons of “Bituminous Roof Coatings” or “Bituminous 

Roof Primers” sold in the state during the preceding calendar year; and 

 2) The method used by the manufacturer to calculate state sales. 

Section 223.340 Compliance Provisions and Test Methods

a) Calculation of VOM Content. For the purpose of determining compliance with 

the VOM content limits in Section 223.310(a), the VOM content of a coating 

shall be determined by using the procedures described in 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 manufacturer's maximum 

 recommendation, excluding the volume of any water and exempt 

 compounds. Determine the VOM content as follows: 

 VOM Content = (Ws - Ww - Wem) 

 (Vm - Vw - Vem) 

 Where: 

 VOM content = grams of VOM per liter of coating 

 Ws = weight of volatiles, in grams 

 Ww = weight of water, in grams 

 Wem = weight of exempt materials, in grams 

 Vm = volume of coating, in liters 

 Vw = volume of water, in liters 

 Vem = volume of exempt materials, in liters 

 2) For low solids coatings, determine the VOM content in units of grams of 

 VOM per liter of coating thinned to the manufacturer's maximum 

 recommendation, including the volume of any water and exempt 

 compounds. Determine the VOM content as follows: 

 VOM Content (ls) = (Ws - Ww - Wem)

 (Vm) 

 Where: 

 VOM content (ls) = the VOM content of a low solids coating in grams per liter 

 of coating 

 Ws = weight of volatile, in grams 

 Ww = weight of water, in grams 

 Wem = weight of exempt materials, in grams 

 Vm = volume of coating, in liters 

b) VOM Content of Coatings. To determine the physical properties of a coating in 

order to perform the calculations in subsection 223.340(a), the reference method 

for VOM content is USEPA Method 24, incorporated 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), incorporated by reference in Section 223.120. The 

exempt compounds content shall be determined by SCAQMD Method 303-91, 

incorporated by reference in subsection Section 223.120. To determine the VOM 

content of a coating, the manufacturer may use USEPA Method 24, or an 

equivalent alternative method, as provided in Section 223.350, formulation data, 

or any other reasonable means for predicting that the coating has been formulated 
110

as intended (e.g. quality assurance checks, recordkeeping). However, if there are 

any inconsistencies between the results of a Method 24 test and any other means 

for determining VOM content, the Method 24 results will govern, except when an 

equivalent alternative method is approved as specified in Section 223.350. The 

Agency may require the manufacturer to conduct a Method 24 analysis. 

Section 223.350 Alternative Test Methods 

Other test methods demonstrated to provide results that are acceptable for purposes of determining compliance with subsection 223.340(b), after review and approved in writing by the 

Agency and the USEPA may also be used. 

Section 223.360 Methacrylate Traffic Coating Markings 

Analysis of methacrylate multi-component coatings used as traffic marking coatings shall be 

conducted according to a modification of USEPA Method 24 (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 marking coatings or for other classes of multi-component coatings. 

Section 223.370 Test Methods 

The following test methods are incorporated by reference herein, and shall be used to test 

coatings subject to the provisions of this Subpart: 

a) Flame Spread Index. The flame spread index of a fire-retardant coating shall be 

determined by 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-resistance rating of a fire-resistive 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 Coating) 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 Section 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 Diffraction,” SCAQMD “Laboratory Methods of 
111

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 content of a coating shall be determined by 

ASTM Designation D 1613-03, “Standard Test 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-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,” as incorporated by reference in Section 223.120, (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 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 Methods 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 siloxanes, shall be analyzed as exempt 

compounds for compliance with Section 223.340 by BAAQMD Method 43, 

“Determination of Volatile Methylsiloxanes in Solvent-Based Coatings, Inks, and 

Related Materials,” BAAQMD Manual of Procedures, Volume III, proposed 

amendment February 4, 2004, as incorporated by reference in Section 223.120, 

(see Section 223.307, VOM content, and subsection 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 

MaterialsContaining Parachlorobenzotrifluoride,” BAAQMD Manual of 

Procedures, Volume III, proposed amendment February 4, 2004, as incorporated 

by reference in Section 223.120, (see Section 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 Section 
112

223.120, (see Section 223.307, Volatile Organic Material, and subsection 

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 Code of Federal 

Regulations (CFR) Part 60, “Determination of Volatile Matter Content, Water 

Content, Density, Volume Solids, and Weight Solids of Surface Coatings,” as 

incorporated by reference in Section 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 Methods 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 Coatings. The VOM content of methacrylate 

muticomponent coatings used as traffic marking 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 incorporated 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 the Illinois Pollution Control Board, certify that 

the Board adopted the above opinion and order on October 16, 2008, by a vote of 4-0. 

___________________________________ 

John T. Therriault, Assistant Clerk 

Illinois Pollution Control Board 
ILLINOIS POLLUTION CONTROL BOARD

March 19, 2009

IN THE MATTER OF:

PROPOSED NEW 35 ILL. ADM. CODE 

PART 223 STANDARDS AND 

LIMITATIONS FOR ORGANIC MATERIAL 

EMISSIONS FOR AREA SOURCES

)

)

)

)

)

)

 R08-17

 (Rulemaking - Air)

Proposed Rule. Second Notice

Today the Board adopts for second notice a proposal amending its air pollution 

regulations. On January 2, 2008, the Illinois Environmental Protection Agency (Agency or IEPA 

or Illinois EPA) initiated this proceeding by filing a proposal (Prop.) under the general 

rulemaking provisions of Sections 27 and 28 of the Environmental Protection Act (Act) (415 

ILCS 5/27, 28 (2006)). The Agency proposed a new Part 223, Standards and Limitations for 

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

would reduce emissions of volatile organic material (VOM or VOC

.

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

1

) from the three categories 

of consumer and commercial products, architectural and industrial maintenance (AIM) products, 

and aerosol coatings.

On October 16, 2008, the Board adopted its first-notice opinion and order in this 

proceeding. See 32 Ill. Reg. 17301-82 (Nov. 7, 2008). In that opinion and order, the Board 

largely adopted the Agency’s proposal, including changes contained in three errata sheets 

submitted by the Agency. The Board also substantively amended the Agency’s proposal, as 

described in the Board’s opinion. Proposed New 35 Ill. Adm. Code Part 223 Standards and 

Limitations for Organic Material Emissions for Area Sources

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

brief summary of its first-notice opinion and order. The Board then summarizes the public 

comments received since publication of the first-notice proposal. The Board then summarizes 

, R08-17, slip op. at 45-46 (Oct. 16, 

2008). Specifically, the first-notice proposal intended to reduce VOM emissions from the two 

categories of consumer and commercial products and AIM products. The proposal included 

VOM content standards, exemptions and compliance alternatives, and various labeling, 

recordkeeping and reporting requirements. The rule proposed for second notice extends the 

implementation date of the proposed regulations to July 1, 2009, but is otherwise substantively 

unchanged from the Board’s first-notice opinion and order.

 1 In its Statement of Reasons (Statement) filed with its proposal, the Agency states that the terms 

“VOM” and “VOC,” or volatile organic compound, “are interchangeable.” Statement at 5. The 

Agency states, however, that it employs the term “VOM” and United States Environmental 

Protection Agency (USEPA) employs the term “VOC.” Id.
2

the changes made in its second-notice proposal. Finally, the order following the opinion then 

sets forth the proposed amendments for second notice.

PROCEDURAL HISTORY

On January 2, 2008, the Agency filed a rulemaking proposal under the general 

rulemaking provisions of Sections 27 and 28 of the Act (415 ILCS 5/27, 28 (2006)). A

Statement of Reasons (Statement) and Technical Support Document (TSD) accompanied the 

Agency’s proposal. A motion for waiver of various filing requirements also accompanied the 

proposal.

On January 22, 2008, the Board received a comment on the proposed rule filed by David 

F. Darling, P.E., and Alison Keane on behalf of the National Paint and Coatings Association 

(NPCA) (PC 1).

In an order dated January 24, 2008, the Board accepted the Agency’s proposal for hearing 

and granted the Agency’s motion for waiver of filing requirements. In a letter dated January 24, 

2008, the Board requested that the Department of Commerce and Economic Opportunity 

(DCEO) conduct an economic impact study of the Agency’s rulemaking proposal. See 415 ILCS 

5/27(b) (2006). DCEO has not responded to this request.

In an order dated February 13, 2008, the hearing officer scheduled a first hearing on April 

30, 2008, in Springfield and a second hearing on June 4, 2008, in Chicago. Also in that order, 

the hearing officer noted that the Agency’s TSD included a list of approximately 600 entities 

potentially affected by the proposal. See TSD, Appendix A (Potentially Affected Manufacturers 

in Illinois). The order stated that the Board began the proceeding by including each of those 

entities in its Notice List and mailing each of them a copy of the order. However, the order also 

stated that it would mail copies of any subsequent opinions and orders only to those who 

specifically indicated by March 7, 2008, that they wished to remain on the Notice List. The 

order included an Attachment A, which provided an electronic mail address, a facsimile number, 

and a mailing address through which potentially affected entities could indicate their wish to 

remain on the Notice List. The order also included an Attachment B, which contained the names 

and addresses of all of the entities listed by the Agency in Appendix A to its TSD and to each of 

which the Board had mailed the hearing officer order dated February 13, 2008.

On April 14, 2008, the Board received prefiled testimony from Mr. Joseph T. Yost on 

behalf of the Consumer Specialty Products Association (CSPA) (Yost Test.). On April 16, 2008, 

the Board received prefiled testimony from Ms. Heidi K. McAuliffe on behalf of the National 

Paint and Coatings Association (NPCA) (McAuliffe Test.). Also on April 16, 2008, the Board 

received prefiled testimony from Mr. Rory Davis on behalf of the Agency (Davis Test.). On the 

same date, the Agency filed its first errata sheet (Errata 1).

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

Springfield. At the first hearing, the hearing officer admitted into the record two exhibits. The 

first is a final rule adopted by USEPA and entitled “National Volatile Organic Compound 

Emission Standards for Aerosol Coatings” (Exh. 1). Tr.1 at 42; see 73 Fed. Reg. 15604-31 (Mar.
3

24, 2008). The second, a direct final rule adopted by USEPA, clarifies and amends certain 

regulatory language in the aerosol coatings final rule (Exh. 2). Tr.1 at 42; see 73 Fed. Reg. 

15421-25 (Mar. 24, 2008). The Board received the transcript of the first hearing (Tr.1) on May 

7, 2008.

On May 19, 2008, the Board received a second comment filed by Mr. Darling and Ms. 

Kean on behalf of NPCA (PC 2).

The second hearing in this proceeding took place as scheduled on June 4, 2008, in 

Chicago. At the second hearing, the hearing officer admitted into the record two additional 

exhibits. The third exhibit is a final draft version of a “Model Rule for Consumer Products” 

developed by the Ozone Transport Commission (OTC)2

 2 The Agency describes OTC as “an organization in the eastern states created under the Clean 

Air Act.” TSD at 7, Statement at 4-5. Specifically, the OTC consists of the states of 

Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New 

York, Pennsylvania, Rhode Island, Vermont, Virginia, and the District of Columbia.” TSD at 

17.

and dated September 13, 2006 (Exh. 3). 

The fourth exhibit is the Agency’s second errata sheet, which was also received by the Board’s 

Clerk on June 4, 2008 (Exh. 4 or Errata 2). The Board received the transcript of the second 

hearing (Tr.2) on June 11, 2008.

In an order dated June 11, 2008, the hearing officer set a deadline of July 11, 2008, for 

filing post-hearing comments and a deadline of July 25, 2008, for filing a response to a posthearing comment. The order noted that the Board had mailed a copy of the February 13, 2008, 

hearing officer order to each of approximately 600 entities listed by the Agency as potentially 

affected by the proposal. The June 11, 2008, order also noted that the earlier order stated it 

would mail copies of subsequent opinions and orders only to those who specifically indicated 

that they wished to remain on the Notice List. The order stated that the Board had received this 

indication from approximately 40 entities. The order also indicated that, after the Board mailed 

the earlier hearing officer order to each of the approximately 600 entities listed by the Agency, 

the United States Postal Service (USPS) had returned approximately 70 of them to the Board as 

undeliverable. The order included as Attachment A the names and addresses of those entities 

from which the February 13, 2008 hearing officer order had been returned to the Board by the 

USPS.

On July 10, 2008, the Agency filed its post-hearing comments (PC 3). Also on July 10, 

2008, the Agency filed its third errata sheet (Errata 3). On July 25, 2008, the Illinois 

Environmental Regulatory Group (IERG) filed its response to the Agency’s post-hearing 

comments (PC 4).

On July 29, 2008, the hearing officer received through electronic mail a number of 

questions and statements regarding the Agency’s proposal from Mr. Jim Kantola, Regulatory 

Affairs Manager, Product Safety and Compliance, for AkzoNobel Decorative Paints US. That 

communication has been filed with the Board’s Clerk as a public comment in this proceeding 

(PC 5).
4

On October 8, 2008, the Board received a third comment filed by Mr. Darling and Ms. 

Kean on behalf of NPCA (PC 6). NPCA’s comment addressed a single issue, requesting that the 

proposal’s “implementation date be extended to at least July 1, 2009 to allow IL [Illinois] 

adequate time to finalize and adopt the amendments to the AIM rule, and more importantly, 

provide adequate time for industry to make necessary changes in order to comply with the 

amendments.” PC 6 at 1.

On October 16, 2008, the Board issued its first notice opinion and order. See 32 Ill. Reg. 

17301-82 (Nov. 7, 2008). As noted above, the Board largely adopted the Agency’s proposal, 

including changes contained in the three errata sheets submitted by the Agency. The Board also 

substantively amended the Agency’s proposal, as described in the Board’s opinion. In its 

opinion and order, the Board acknowledged receiving on October 8, 2008, NPCA’s third 

comment addressing the implementation date of the proposed rule. See PC 6. Although the 

Board noted that the deadline for filing post-hearing comments had passed on July 11, 2008, the 

Board invited participants during the 45-day comment period to address the issue raised by NPCA.

During the first-notice comment period, the Board received comments from the 

following:

Mr. Dave Carey, CHMM, Vice-President Plan Operation, on behalf of W.R. 

Meadows, Inc. (Meadows) on November 14, 2008 (PC 7);

Mr. Jack Wickham, Director, on behalf of Ace Hardware Corporation (Ace

Hardware) on November 17, 2008 (PC 8);

Mr. Michael Murphy, Corporate Counsel, on behalf of Rust-Oleum Corporation 

(Rust-Oleum) on November 20, 2008 (PC 9);

Mr. W. Kip Cleverley, CHMM, Director, Environment, Health & Safety, Product 

Stewardship & Facilities, on behalf of Benjamin Moore Paints (Benjamin Moore) 

on November 24, 2008 (PC 10);

Mr. Robert J. Lueders, President, on behalf of Sunnyside Corporation (Sunnyside) 

on November 24, 2008 (PC 11);

Mr. Jim Boyce, Director of Technical Services, on behalf of Insl-x Products 

Corporation (Insl-x) on November 24, 2008 (PC 12);

Mr. John C. Day, Vice President Environmental Health & Safety, on behalf of the 

Henry Company on November 26, 2008 (PC 13);

Ms. Madelyn K. Hardin, Corporate Manager Regulatory Affairs, on behalf of the 

Sherwin-Williams Company (Sherwin-Williams) on December 1, 2008 (PC 14);
5

Mr. Robert S. Gross, Manager, Environmental Stewardship Architectural 

Finishes, on behalf of PPG Architectural Finishes, Inc. (PPG) on December 1, 

2008 (PC 15);

Mr. David DeLarso, Senior Sales Representative – Northeast Market, on behalf of 

Sika Corporation, formerly Valspar Flooring, (Sika) on December 1, 2008 (PC 

16);

Mr. Jeff Trench, Sports Flooring Manager, on behalf of Sika on December 1, 

2008 (PC 17);

Mr. Davdi Orser, Senior Chemist, on behalf of Sika on December 1, 2008 (PC 

18);

Ms. Lisa Beth Szczupaj, Director of Business Development, on behalf of Sika on 

December 2, 2008 (PC 19);

Ms. Marcella Nichols, CHMM, Regulatory Compliance Manager, on behalf of 

True Value Manufacturing Company (True Value) on December 9, 2008 (PC 20);

Mr. Timothy Filas, Senior Production Planner, on behalf of Sika on December 

10,2008 (PC 21);

Ms. Lisa Beth Szczupaj, Director of Business Development, on behalf of Sika on 

December 15, 2008 (PC 22);

Mr. Charles E. Matoesian, Assistant Counsel, on behalf of the Agency (PC 23);

Ms. Lisa Frede, Director of Regulatory Affairs, on behalf of the Chemical 

Industry Council of Illinois (CICI) on December 22, 2008 (PC 24); and

Senator Pamela J. Althoff of the 32nd District of the Illinois State Senate on 

January 9, 209 (PC 25).

The Board summarizes these first-notice comments below.

SUMMARY OF FIRST NOTICE OPINION AND ORDER

In its first notice opinion and order, the Board noted that the Agency based its proposal 

on OTC rules for consumer products and AIM coatings, which are themselves based on 

California provisions. The Board also noted that OTC had amended its 2001 model rule for 

consumer products with a 2006 version. The 2006 version includes VOM content standards for a 

number of product categories in addition to those regulated by the 2001 version. The 2006 

version also changed the scope of an exemption, potentially subjecting additional products to 

regulation. See In the Matter of: Proposed New 35 Ill. Adm. Code Part 223 Standards and 
6

Limitations for Organic Material Emissions for Area Sources, R08-17, slip op. at 45-46 (Oct. 16, 

2008).

The Board noted that the Agency had not performed an independent analysis of the VOM 

emission reductions expected from adoption of its proposed consumer products rule. The Board 

also noted the Agency’s acknowledgement that it had relied on data compiled by the New Jersey

Department of Environmental Protection, which did not include all of the product categories 

added by the 2006 version of the model rule. The Board also concluded that the record did not 

plainly demonstrate the effect on costs or emission reductions that would result from changing an 

exemption in the 2006 version. See In the Matter of: Proposed New 35 Ill. Adm. Code Part 223 

Standards and Limitations for Organic Material Emissions for Area Sources, R08-17, slip op. at 

46 (Oct. 16, 2008).

In its first-notice opinion and order, the Board omitted product categories and subcategories for which the 2006 version of the OTC model rule added VOM content standards. 

The Board also did not amend the single exemption modified by the subsequent version. The 

Board specifically invited “the Agency and any other participant to submit first-notice comments 

on the technical feasibility and economic reasonableness of including these product categories 

and that exemption at second notice.” In the Matter of: Proposed New 35 Ill. Adm. Code Part 

223 Standards and Limitations for Organic Material Emissions for Area Sources, R08-17, slip 

op. at 46 (Oct. 16, 2008). In all other respects, the Board found the Agency’s proposal 

technically feasible and economically reasonable and adopted the proposal, amended by the 

Agency’s three errata sheets and as described above. Id.

Also in its first-notice opinion and order, the Board noted a public comment filed by 

NPCA on October 8, 2008. That comment requested that the Board extend the implementation 

date of the proposed regulations to July 1, 2009. PC 6 at 1. NPCA argued that “[i]t is impossible 

for manufacturers to make these necessary changes and properly communicate the details of the IL 

AIM rule without having a final adopted rule in hand, particularly, as additional changes may occur 

between first notice and final adoption.” Id. Although the Board noted that the deadline for filing 

post-hearing comments has passed, the Board invited participants to comment on the proposed 

extension. In the Matter of: Proposed New 35 Ill. Adm. Code Part 223 Standards and 

Limitations for Organic Material Emissions for Area Sources, R08-17, slip op. at 4 (Oct. 16, 

2008).

FIRST-NOTICE COMMENTS

Meadows (PC 7)

Meadows states that it “is a manufacturer of architectural coatings utilized in the 

commercial concrete construction market and has a manufacturing operation in Hampshire, 

Illinois.”’ PC 7 at 1. Meadows further states that it is a member of NPCA “and supports NPCA’s 

request to extend the implementation date of the AIM rulemaking from January 1, 2009 to July 

1, 2009. . . .” Id.

Meadows states that, for paint manufacturers, the proposed new regulations require time 

to change thousands of paint formulations, develop and print new product labels, upgrade
7

various systems to prevent shipment of non-compliant products into Illinois, and communicate

the new VOM limits to distributors and customers. PC 7 at 1. Meadows argues that “[i]t is 

impossible for manufacturers to make these necessary changes and properly communicate the 

details of the Illinois AIM rule without having a final adopted rule in hand, particularly, as 

additional changes may occur between now and final adoption.” Id. Meadows believes that the 

effective date of the proposed regulations “must be moved to July 1, 2009.” Id.

Ace Hardware (PC 8)

Ace Hardware states that its “Paint Division produces the Ace brand paint for over 4,500 

Ace Hardware stores in all 50 states and in 50 countries worldwide from our two plants in 

Matteson, IL and Chicago Heights, IL.” PC 8 at 1. Ace Hardware annually produces more than 

nine million gallons of Ace brand paint. Id. Ace Hardware further states that it is a member of 

NPCA “and supports NPCA’s request to extend the implementation date of the AIM rulemaking 

from January 1, 2009 to July 1, 2009. . . .” Id.

Ace Hardware states that, for paint manufacturers, the proposed new regulations require 

time to change thousands of paint formulations, develop and print new product labels, upgrade 

various systems to prevent shipment of non-compliant products into Illinois, and communicate 

the new VOM limits to distributors and customers. PC 8 at 1. Ace Hardware argues that “[i]t is 

impossible for manufacturers to make these necessary changes and properly communicate the 

details of the Illinois AIM rule without having a final adopted rule in hand, particularly, as 

additional changes may occur between now and final adoption.” Id. Ace Hardware believes that 

the effective date of the proposed regulations “must be moved to July 1, 2009.” Id.

Rust-Oleum (PC 9)

Rust-Oleum states that it “is an international manufacturer and marketer of paints and

protective coatings” with its headquarters in Vernon Hills, Illinois. PC 9 at 1. Rust-Oleum 

further states that it is a member of NPCA “and supports NPCA’s request to extend the 

implementation date of the AIM rulemaking from January 1, 2009 to July 1, 2009. . . .” Id.

Rust-Oleum indicates that it has worked with various public and private entities to 

develop regulations that reduce the VOM content of AIM coatings. PC 9 at 1. Rust-Oleum 

states that, as a result of this work, it “has a full line of compliant coatings, including coatings 

which will comply with the limits in the proposed Illinois AIM rule.” Id.

Rust-Oleum suggests that, because it manufactures for inventory and not for shipment, it 

favors an extension of the implementation date to manage that inventory. PC 9 at 1. 

Specifically, Rust-Oleum states that it has established separate product numbers and inventories 

and has set up systems so that it does not ship a product into a jurisdiction where it does not 

comply with VOM regulations. Id. Rust-Oleum indicates that it must change product numbers

used by its current Illinois customers so that future orders can be filled with corresponding 

products that comply with the proposed regulations. Id. Rust-Oleum favors extending the 

implementation date to July 1, 2009, so that it can change the distribution of its inventory to 

thousands of distributors and retail customers in a more orderly and efficient manner. Id.
8

Benjamin Moore (PC 10)

Benjamin Moore states that it has been manufacturing paint for more than 125 years and 

maintains one warehouse in Illinois. PC 10 at 1. Benjamin Moore further states that it is a 

member of NPCA “and supports NPCA’s request to extend the implementation date of the AIM 

rulemaking from January 1, 2009 to July 1, 2009. . . .” Id.

Benjamin Moore indicates that, for paint manufacturers, implementation of the proposed 

regulations requires time to change product formulation, develop and print new labels for 

reformulated products, convert its warehouse to compliant stock, revise systems and procedures, 

and communicate both internally and with various other entities regarding the terms of the 

proposal. PC 10 at 1. Benjamin Moore states that the extended implementation date is necessary 

both for the state to adopt the amendments and “for industry to make necessary changes in order 

to comply with the amendments.” Id.

Sunnyside (PC 11)

Sunnyside states that it “is a fourth generation, family-owned business found in Chicago 

in 1893, and first incorporated in the State in 1921.” PC 11 at 1. Sunnyside further states that it 

is a member of NPCA and “supports NPCA’s request to extend the implementation date of the 

AIM rulemaking from January 1, 2009. . . .” Id.

Sunnyside states that, for manufacturers of paint, coating, and allied products, the 

proposed regulation requires time to reformulate and test products, write new product labels, 

upgrade computer systems and other tools that prevent shipment of non-compliant products, and 

communicate with other participants in the market for these products. PC 11 at 1. 

Consequently, Sunnyside requests extension of the implementation date to a time that considers 

these practical issues. Id.

Insl-x (PC 12)

Insl-x states that it is “the parent company of Bruning Paint, Insl-x Products, Coronado 

Paint, Lenmar Wood Finishes, and Trinity Coating.” PC 12 at 1. Insl-x further states that, 

although it does not manufacture in Illinois, it operates a distribution center in Elk Grove 

Village. Id. Insl-x also states that it is a member of NPCA “and supports NPCA’s request to 

extend the implementation date of the AIM rulemaking from January 1, 2009 to July 1, 2009. . . 

.” Id.

Insl-x states that, for paint manufacturers, the proposed new regulations require time to 

change thousands of paint formulations, develop and print new labels for reformulated products, 

upgrade various systems to prevent shipment of non-compliant products into Illinois, and 

communicate the new VOM limits to distributors and customers. PC 12 at 1. Insl-x argues that 

“[i]t is impossible for manufacturers to make these necessary changes and properly communicate 

the details of the IL AIM rule without having a final adopted rule in hand, particularly, as 
9

additional changes may occur between now and final adoption.” Id. Insl-x believes that the 

effective date of the proposed regulations “must be moved to July 1, 2009.” Id.

Henry Company (PC 13)

Henry Company states that it “produces and sells a wide variety of home and building 

repair and construction products in the U.S. and Canada,” several of which are affected by the 

proposed regulation. PC 13 at 1. Henry Company further states that it is a member of NPCA 

“and supports NPCA’s request to extend the implementation date of the AIM rulemaking from 

January 1, 2009 to July 1, 2009. . . .” Id.

Henry Company states that, for paint manufacturers, the proposed new regulations 

require time to change formulations, develop and print new labels for reformulated products, 

upgrade various systems to prevent shipment of non-compliant products into Illinois, and 

communicate the new VOM limits to distributors and customers. PC 13 at 1. Henry Company 

argues that “[i]t is impossible for manufacturers to make these necessary changes and properly 

communicate the details of the IL AIM rule without having a final adopted rule in hand, 

particularly, as additional changes may occur between now and final adoption.” Id. Henry 

Company believes that the effective date of the proposed regulations “should be moved to July 1, 

2009.” Id.

Sherwin-Williams (PC 14)

Sherwin-Williams states that it employs approximately 26,000 persons at coating 

manufacturing facilities and company-owned and -operated stores throughout the United States. 

PC 14 at 1. Sherwin-Williams further states that it s the exclusive retailer for its own brand and 

also distributes products under a number of brand names “through mass merchandisers, do-ityourself outlets, hardware stores, and by independent retailers.” Id. Sherwin-Williams reports 

that, in addition to company-owned stores, it also owns and operates “a major manufacturing 

facility and a large distribution center” in Illinois. Id. 

Sherwin-Williams states that, for paint manufacturers, the proposed new regulations 

require time to change formulations develop and print new labels for reformulated products, 

upgrade various systems to prevent shipment of non-compliant products into Illinois, and 

communicate the new VOM limits to distributors and customers. PC 14 at 1-2. SherwinWilliams argues that it cannot perform these tasks before final adoption of a rule. Id. at 2. 

Sherwin-Williams believes that the effective date of the proposed regulations “must be moved to 

July 1, 2009 or later.” Id.

PPG (PC 15)

PPG states that it “is a wholly owned subsidiary of PPG Industries, Inc., with many 

manufacturing, distribution, and retail facilities throughout Illinois, including an architectural 

coatings manufacturing facility located in Batavia, IL.” PC 15 at 1. PPG states that it is a 

member of NPCA “and supports NPCA’s request to extend the implementation date of the AIM 

rulemaking from January 1, 2009 to July 1, 2009. . . .” Id.
10

PPG states that, for paint manufacturers, the proposed new regulations require time to 

change formulations, develop and print new labels for reformulated products, upgrade various 

systems to prevent shipment of non-compliant products into Illinois, and communicate the new 

VOM limits to distributors and customers. PC 15 at 1. PPG argues that it cannot perform these 

tasks before final adoption of a rule. Id. Sherwin-Williams believes that the effective date of the 

proposed regulations “must be moved to July 1, 2009 or later.” Id.

Sika (PC 16, 17, 18, 19, 21, 22)

Sika states that it was formerly known as Valspar Flooring and “has been a presence in 

the Industrial Coating and Sports Floor Finish market for nearly 100 years.” E.g., PC 16 at 1. 

Sika further states that it for many years operated a production facility on the south side of 

Chicago and ran management and operations from Wheeling. Id. Sika indicates that its 

purchase of Valspar Flooring apparently did not include continued membership in NPCA. PC 22 

at 1. The last of Sika’s six comments suggests that those comments speak for Sika as “a 

formulator, producer and marketer AIM regulated paint and coating products.” Id. Sika states 

that it continues to support an implementation date of January 1, 2009. E.g., PC 16 at 1.

Sika argues that “[p]aint and coating companies have had sufficient time and notice to 

respond to the rule which was to originally be implemented on January 1st of 2008.” E.g., PC 16 

at 1. Sika further argues that delay requires it to maintain two duplicate product lines, one “a 

fully compliant line released prior to 2008” and another “left in place in order to compete with 

others who continue to offer the noncompliant versions. . . .” Id. Sika states that it has changed 

its products, labels, and systems to comply with the proposed regulations. Id. Sika suggests that 

lack of similar efforts on the part of others in the industry should not justify an extension of the 

implementation date. Id. Sika claims that a delayed implementation date would prevent it from 

taking advantage of opportunities to be first-to-market with compliant products. Id. Sika 

“strongly believes that the implementation date should be held at January 1st, 2009.” Id.

True Value (PC 20)

True Value states that it is a division of the True Value Company and employs 130 

persons at its paint manufacturing facility in Cary. PC 20 at 1. True Value states that it is a 

member of NPCA “and supports NPCA’s request to extend the implementation date of the AIM 

rulemaking from January 1, 2009 to July 1, 2009. . . .” Id.

True Value states that, for paint manufacturers, the proposed new regulations require time 

to change formulations, develop and print new labels for reformulated products, upgrade various 

systems to prevent shipment of non-compliant products into Illinois, and communicate the new 

VOM limits to distributors and customers. PC 20 at 1. True Value argues that it cannot perform 

these tasks before final adoption of a rule. Id. True Value believes that the effective date of the 

proposed regulations “must be moved to July 1, 2009 or later.” Id.

CICI (PC 24)
11

CICI states that it “is a statewide trade association representing the chemical and paint 

industry in Illinois.” PC 24 at 1. CICI further states that it “has 198 member companies 

employing over 49,000 workers in 726 manufacturing facilities and 877 wholesale and 

distribution facilities in Illinois.” Id. CICI supports NPCA’s request to extend the 

implementation date of the proposed rules to July 1, 2009. Id.

CICI argues that the requested extension of the implementation date will allow adequate 

time to complete the rulemaking process, adopt final rules, and allow affected industries to 

comply with new requirements. PC 24 at 1. Specifically, CICI notes that the first notice 

comment period ended December 22, 2008, and that the Board must submit a second notice 

proposal for review by the Joint Committee on Administrative Rules. Id. CICI argues that “this 

does not allow enough time for the [S]tate of Illinois to meet the set implementation date of 

January 1, 2009 for finalization of the rule. It seems reasonable then to allow both the state and 

industry the time to ensure that the implementation of the proposed rule will occur smoothly.” 

Id.

Senator Althoff (PC 25)

Senator Althoff states that, while “wholeheartedly” supporting implementation of the 

proposed VOM rule, she supports NPCA’s request to extend the implementation date to July 1, 

2009. PC 25 at 1. Noting the various changes required for that implementation, she argues that 

extension “will permit a more orderly and economically feasible compliance” with greater 

cooperation by affected entities while limiting business interruption and the risk of product 

recalls. Id.

Agency (PC 23)

The Agency states that, after reviewing the record in this proceeding, it “maintains that 

the VOM limits to categories omitted by the Board as additional categories added by the 2006 

OTC model rule are both technically feasible and economically reasonable. The Agency also 

maintains that it provided adequate support to demonstrate technical and economic feasibility.” 

PC 23 at 1. The Agency argues that it included VOM limits for these categories reflected 

communication with affected industries and consistency with regulations in effect in other 

jurisdictions. Id. The Agency claims that “the affected industry associations generally supported 

the rulemaking in testimony before the Board.” Id. at 1-2.

However, the Agency states that, to avoid delay in final adoption of the proposed rule, it 

“will not be submitting further technical support for these categories.” PC 23 at 2. The Agency 

states that “[t]he final rules, as amended by the Board, will still achieve the majority of the 

anticipated VOM reductions from the categories included in the Board First Notice Draft.” Id. 

The Agency “encourages the Board to proceed expeditiously towards the adoption of a second 

notice opinion and order adding Part 223.” Id. The Agency’s comments did not address the 

issue of the implementation date of the proposed regulations. See generally PC 23.

DISCUSSION
12

The Board notes the Agency’s comment regarding VOM limits for categories added by 

the 2006 revision of the OTC model rule and omitted by the Board from its first-notice opinion 

and order. As the Agency offers no additional technical support for including these categories in

the proposed Part 223 and clearly desires to avoid any delay in adopting the proposed 

regulations, the Board will not include those categories in its second-notice opinion and order.

After reviewing the record including the first-notice comments summarized above, the 

Board finds that the January 1, 2009 implementation date originally proposed by the Agency 

should be extended to July 1, 2009. The Board finds that this extension provides regulated 

entities a reasonable opportunity to take practical steps such as product reformulation to 

implement the proposed new Part 223. While the Board notes Sika’s comments that it complies 

with the proposed rule, the Board cannot conclude that other entities failed to demonstrate 

appropriate effort by allowing this rulemaking to proceed closer to final adoption before 

implementing its requirements. With adoption of this second-notice opinion and order, the 

Board today moves significantly closer toward adoption of enforceable regulations.

With the exception of extending the implementation date to July 1, 2009, the 

amendments proposed in the Board’s order below are substantively unchanged from the Board’s 

first-notice opinion and order dated October 16, 2008. In the following section of this opinion, 

the Board summarizes its second-notice proposal.

SUMMARY OF SECOND-NOTICE PROPOSAL

Proposed Subpart A: General Provisions

Severability (Section 223.100)

The Board proposes to add a section providing in its entirety that, “[i]f any Section, 

subsection, or clause of this Part [223] is found invalid, such finding shall not affect the validity 

of this Part as a whole or any Section, subsection, or clause not found invalid.” Prop. at 2 

(proposed new Section 223.100), Statement at 13.

Abbreviations and Acronyms (Section 223.105)

The Board proposes to add a section providing that, “[u]nless otherwise specified within 

this Part [223], the abbreviations used in this Part shall be the same as those found in 35 Ill. 

Adm. Code 211.” Prop. at 2 (proposed new Section 223.105), Statement at 13; see 35 Ill. Adm. 

Code 211 (definitions and general provisions applicable to emission standards and limitations for 

stationary sources). The proposed new section lists a number of abbreviations and acronyms. 

Prop. at 3; see also TSD at 2 (List of Acronyms).

Incorporations by Reference (Section 223.120)

The Board proposes to add language incorporating by reference various materials. Prop. 

at 3-6 (proposed new Section 223.120), Statement at 13. The proposed new section specifically 
13

provides that “[t]hese incorporations do not include any later amendments or additions.” Prop. at 

3, Statement at 13.

During the second hearing, the hearing officer directed to the Agency a number of 

questions about this proposed section. First, regarding subsections (a) through (e) incorporating 

materials from the Code of Federal Regulations, the hearing officer requested that the Agency 

make these five incorporations consistent with one another, particularly with regard to their 

citations to the Federal Register. Tr.2 at 52-53. The Agency addressed this request in its third 

errata sheet. Errata 3 at 2-3.

Second, regarding various subsections in which the Agency sought to incorporate 

materials from the South Coast Air Quality Management District (SCAQMD), Bay Area Air 

Quality Management District (BAAQMD), and CARB, the hearing officer requested that the 

Agency supply an address for these three entities through which the public can obtain copies of 

the materials sought to be incorporated. Tr.2 at 53; see 5 ILCS 100/5-75(a) (2006) (Illinois 

Administrative Procedure Act). The Agency addressed this request in its third errata sheet. 

Errata 3 at 4.

Third, the hearing officer noted that, although an SCAQMD analytical method filed with 

the Board indicates approval in July 1996, the proposed incorporation refers to approval on 

August 10, 1998. Tr.2 at 53; see Prop. at 5 (proposed Section 223.120(i)); but see Prop., Att. 

B(i) (SCAQMD Method 318-95 approved July 1996). The hearing officer asked that the Agency 

“clarify whether there is a subsequent version of this method that the Board would need to obtain 

as part of its record in its proceeding.” Tr.2 at 53. The Agency did not specifically address this 

issue in its third errata sheet. See Errata 3 at 2-5 (amending proposed Section 223.120). 

Accordingly, the Board amended the Agency’s proposal to reflect the 1996 date of the document 

filed with it. See 5 ILCS 100/5-75(c) (2006) (requiring Board to maintain copy of incorporated 

material). Although the Board’s first-notice opinion sought comment on this amendment, none 

of the first-notice comments summarized above addressed the issue.

Fourth, the hearing officer noted that, although two BAAQMD analytical methods filed 

with the Board indicate proposed amendment dated February 4, 2004, the proposed incorporation 

refers to amendments dated May 18, 2005. Tr.2 at 54; see Prop. at 5 (proposed Sections 

223.120(j), (k)); but see Prop., Att. B(j), (k) (BAAQMD Methods 43 and 41, respectively). The 

hearing officer asked that the Agency clarify “whether there is a subsequent version of the 

method that the Board would need to obtain a copy of for the record in this proceeding.” Tr.2 at 

54. The Agency did not specifically address this issue in its third errata sheet. See Errata 3 at 

2-5 (amending proposed Section 223.120). Accordingly, the Board amended the Agency’s 

proposal to reflect the 2004 date of the methods filed with it. See 5 ILCS 100/5-75(c) (2006) 

(requiring Board to maintain copy of incorporated material). Although the Board’s first-notice 

opinion sought comment on this amendment, none of the first-notice comments summarized 

above addressed the issue.

Fifth, the hearing officer noted that, although an SCAQMD rule filed with the Board 

indicates adoption on October 5, 1990, the proposed incorporation refers to approval on February 

27, 1991. Tr.2 at 54; see Prop. at 5 (proposed Section 223.120(i)); but see Prop., Att. B(m) 
14

(SCAQMD Rule 1174 adopted October 5, 1990). The hearing officer asked the Agency to

“clarify whether there is some subsequent version, updated version of that document that the 

Board would need to obtain.” Tr.2 at 54. The Agency did not specifically address this issue in 

its third errata sheet. See Errata 3 at 2-5 (amending proposed Section 223.120). Accordingly, 

the Board amended the Agency’s proposal to reflect the 1990 adoption date of the document 

filed with it. See 5 ILCS 100/5-75(c) (2006) (requiring Board to maintain copy of incorporated 

material). Although the Board’s first-notice opinion sought comment on this amendment, none 

of the first-notice comments summarized above addressed the issue.

Sixth, the hearing officer noted that Agency wishes to incorporate a provision of the 

California Administrative Code. Tr.2 at 54; see Prop. at 5 (proposed subsection 223.120(n)), 

CAL. CODE REGS., tit. 17, § 94509. The hearing officer noted that, in the copy of those 

regulations filed with the Board, five images appearing to contain VOC content limits appeared 

as not available for printing. Tr.2 at 55; see Prop., Att. B(n) (regulatory language). The hearing 

officer requested that the Agency complete the document by filing a copy including those 

images. Tr.2 at 55. The Agency responded to this request by filing a copy of the regulatory 

language as an attachment to its post-hearing comments. PC 3, Att. 3.

Finally, the Board notes that the Agency in its third errata sheet proposed to strike from 

materials incorporated by reference one set of test methods from the American Society for

Testing and Materials (ASTM) and to add to those materials ASTM Method D86-07b for 

distillation of petroleum products. Errata 3 at 3-4. The Agency supplied the Board with a copy 

of this method by submitting it as an attachment to its post-hearing comments. PC 3, Att. 1.

Proposed Subpart B: Consumer and Commercial Products

USEPA regulates consumer and commercial products through a rule promulgated on 

September 11, 1998. TSD at 5, citing 40 C.F.R. 59 Subpart D; TSD at 17 (noting authority 

under Section 183(e) of Clean Air Act). Use of these products results in solvent evaporation and 

the emission of VOM. TSD at 9. The USEPA rule limits the VOM content of 24 categories of 

consumer and commercial products and is estimated to have reduced VOM emissions from those 

categories by 20 percent from uncontrolled levels. TSD at 5, 17. Emissions attributable to those 

24 categories, however, “account for only 48 percent of the consumer and commercial products 

emission inventory.” Id. at 5-6, 17, citing Prop., Att. A(3) (Interim White Paper – Midwest 

Regional Planning Organization Candidate Control Measures, Source Category: Consumer and 

Commercial Products, MACTEC, December 1, 2005).

Under the USEPA rule, “a consumer product is any household or institutional product 

(including paints, coatings, and solvents), or substance, or article (including any container or 

packaging) held by any person, the use, consumption, storage, disposal, destruction, or 

decomposition of which may result in the release of VOC.” TSD at 8, citing 40 C.F.R. 59.202; 

Statement at 5. “Consumer and commercial products are chemically formulated products used 

by household and institutional consumers including, but not limited to, detergents; cleaning 

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

products; disinfectants; sanitizers; aerosol paints; and automotive specialty products.” TSD at 8, 

Statement at 5-6. The description also includes aerosol adhesives, including those for consumer, 
15

industrial, and commercial uses. TSD at 8, Statement at 6. It does not however, “include other 

paint products, furniture coatings, or architectural coatings.” TSD at 8, Statement at 6. 

“Consumer and commercial products are sold to retail customers for personal, household, or 

automotive use” and also are sold “by wholesale distributors for use in commercial or industrial 

settings such as beauty shops, schools, and hospitals.” TSD at 8.

The Agency noted that the Emission Inventory Improvement Program separates the 

category of consumer and commercial products into seven categories: “personal care products, 

household products, automotive aftermarket products, adhesives and sealants, FIFRA regulated 

products, coatings and related products, and miscellaneous products.” TSD at 14, citing Prop., at 

Att. A(1) (Emission Inventory Improvement Program Volume III, Chapter 5 Consumer and 

Commercial Solvent Use, August 1996). For the purposes of its proposal, however, the Agency 

divided the source category into 59 product categories, each with a VOM content limit expressed 

in percentage VOM by weight. TSD at 10-14 (Table 2.2.1 Proposed Regulated Product 

Categories and Limits), Prop. at 29-35 (proposed Section 223.205).

The Agency noted that it produced a 2002 ozone inventory, which includes “a 

comprehensive inventory of VOM emissions from consumer and commercial products statewide, 

and for both NAAs [nonattainment areas] in Illinois. TSD at 14, citing Prop., Att. A(15) (Illinois 

Base Year Ozone Inventory for 2002 (June 2006)). That inventory includes emission factors for 

each of seven product categories expressed in pounds per year per person. TSD at 15 (Table 

2.2.2 Consumer Product Emission Factors by Category), Prop., Att. A(15) at 46 (Table 4-12 

Consumer Solvent Use Emission Factors (lb/person/year)).

The Agency’s data also include an inventory of VOM emissions attributable to consumer 

and commercial products during both the ozone season and the entire year. TSD at 15-16 (Table 

2.2.3), citing Prop., Att. A(2) (Illinois Periodic Emission Inventory and Milestone Demonstration 

for 2002); Prop., Att. A(15) (Illinois Base Year Ozone Inventory for 2002 (June 2006)). The 

data show that “consumer and commercial products account for approximately 4.95% of total 

statewide anthropogenic VOM emissions during the ozone season and approximately 8.51% of 

those emissions for the entire year. TSD at 9, 16, Statement at 6. In the Metro East/St. Louis 

NAA, consumer and commercial products account for approximately 4.93% of total 

anthropogenic VOM emissions during the ozone season and approximately 6.89% of those 

emissions for the entire year. TSD at 9, 16, Statement at 6. In the Chicago NAA, consumer and 

commercial products account for approximately 9.22% of total anthropogenic VOM emissions 

during the ozone season and approximately 13.45% of those emissions for the entire year. TSD 

at 9, 16, Statement at 6. “Consumer and commercial products are estimated to emit 81.86 tons of 

VOM per day in Illinois” during the ozone season and to emit 124.80 tons per day over the entire 

year. TSD at 16 (Table 2.2.3); see Statement at 6.

The Agency claimed that “[t]he most effective approaches for achieving reductions in 

this source category are reformulating products currently employing VOM solvents and 

replacing them with water based formulations or formulations employing acetone or other 

exempt solvents.” TSD at 16, Statement at 6-7, 12. The Agency further argued that “[o]ther 

measures for reduction in this category include increasing the solids content of products, 
16

formulating non-VOM propellants for products, or changing the valves, containers, or delivery 

systems of the products to reduce VOM content.” TSD at 16, Statement at 7, 12.

The Agency estimated that adoption of its proposed rule “will result in a 14.2% reduction 

in VOM emission from consumer and commercial products beyond those achieved by the 

current federal rule.” Statement at 7, TSD at 29, citing Prop., Att. A(3) (Interim White Paper –

Midwest Regional Planning Organization Candidate Control Measures, Source Category: 

Consumer and Commercial Products, MACTEC, December 1, 2005). This translates into a 

reduction of approximately 17.72 tons per day or 6468 tons of VOM per year in Illinois. 

Statement at 7, TSD at 29, citing Prop., Att. A(15) (Illinois Base Year Ozone Inventory for 2002 

(June 2006)). This represents “a reduction of nearly 1% of the total anthropogenic VOM 

emissions in the State.” Statement at 7, TSD at 29.

In his testimony prefiled on behalf of CSPA on April 14, 2008, Mr. Yost indicted that 

USEPA is developing revisions to its consumer products rule and that USEPA expects to issue 

its proposed revisions in May of 2008. Yost Test. at 3. At the first hearing, Mr. Yost elaborated 

that USEPA considered May to remain the target date for issuance of the revised consumer 

products rule. Tr.1 at 46 (referring to discussions with Mr. Bruce Moore of USEPA). He also 

stated that he expected the implementation date of the revised rule to fall sometime between May

and August of 2009. Id. Similarly, IERG expects USEPA to propose amended consumer 

products rules in the late summer or early fall of 2008 with promulgation in the spring of 2009. 

PC 4 at 3 (referring to e-mail from Mr. Bruce Moore of USEPA).

In his testimony at the first hearing, Mr. Davis acknowledged that the Agency “would 

have to address” any ways in which a USEPA proposal differed from its own. Tr. 1 at 11-12. At 

the second hearing, however, he indicated that the expected date for proposing and promulgating 

that USEPA consumer products rule “keeps getting pushed back.” Tr.2 at 11.

Purpose (Section 223.200)

The Board proposes to add a section providing in its entirety that “[t]he purpose of this 

Subpart [B] is to limit emissions of volatile organic materials (VOMs) by requiring reductions in 

the VOM content of consumer and commercial products.” Prop. at 6 (proposed new Section 

223.200), Statement 13.

Applicability (Section 223.201)

The Board proposes to add a section providing in its entirety that, “[e]xcept as provided 

in Section 223.230 [Exemptions], this Subpart shall apply to any person who sells, supplies, 

offers for sale, or manufactures consumer products on or after July 1, 2009, for use in Illinois.” 

Prop. at 6 (proposed new Section 223.201), Statement at 13-14.

Definitions (Section 223.203)

The Board proposes to add a section listing definitions applicable to the provisions of 

Subpart B. Prop. at 6-29 (proposed new Section 223.203), Statement at 14. The Board also 
17

proposes to include language providing that, “[u]nless otherwise defined in this Section, the 

definitions of terms used in this Subpart shall have the meanings specified for those terms in 35 

Ill. Adm. Code 211.” Prop. at 6, Statement at 14; see 35 Ill. Adm. Code 211 (definitions and 

general provisions applicable to emission standards and limitations for stationary sources).

In its second errata sheet, the Agency proposed a number of technical changes. Errata 2 

at 1-2. First, the Agency clarified that ASTM methods included in three definitions are 

incorporated by reference. Id.; see Prop. at 4 (proposed new Section 223.120). Also, in five 

definitions, the Agency changed the term “Part” to “Subpart” to clarify the applicability of those 

definitions. Errata 2 at 2-4; see Tr.1 at 27-28. Similarly, the Agency in its third errata sheet 

proposed a number of technical changes “to clarify the definitions of certain words.” Errata 3 at 

5; see Tr.2 55-56.

Standards (Section 223.205)

The Board proposes to add a section providing that, with certain specified exceptions, 

“no person shall sell, supply, offer for sale, or manufacture for sale in Illinois any consumer 

product manufactured on or after July 1, 2009, which contains VOMs in excess of the limits 

specified in this subsection.” Prop. at 29, Statement at 14. For 60 categories of affected 

products, the Board proposes VOM content limits expressed in terms of “% VOM by Weight.” 

Prop. at 29-35 (proposed Section 223.205(a)), TSD at 10-14 (Table 2.2.1 Proposed Regulated 

Product Categories and Limits). The proposed section also provides that “[n]o person shall sell, 

supply, offer for sale, or manufacture for sale in Illinois, on and after July 1, 2009, any 

antiperspirant or deodorant that contains any” of 17 listed compounds. Prop. at 35 (proposed 

Section 223.205(b)), Statement at 14.

In his testimony on behalf of the Agency, Mr. Davis expressed the assumption that 

affected entities had sufficient time to comply with the provisions of the proposed rule by the 

compliance date of January 1, 2009. Tr.2 at 9. His testimony also acknowledged that, because 

compliance with the ozone standard must be demonstrated by June 15, 2010, the Agency’s 

proposal can potentially influence only the 2009 ozone season. Id. at 10. In her testimony on 

behalf of IERG, Ms. Hodge asked why the Agency had “waited until this point in time to 

propose the rule?” Id. at 10-11. In its post-hearing comments, the Agency responded that it

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

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

and the now withdrawn Aerosol Coating rule. An extensive amount of 

consultation with the affected industry groups to ensure the rules were consistent 

and acceptable to stakeholders was an additional factor in the timing of the 

Agency’s filing of the proposed regulations. PC 3 at 1 (§2); see Davis Test. at 3.

In his testimony on behalf of the CSPA, Mr. Yost noted that, unlike the OTC model rule, the 

Agency’s proposal included no provision for obtaining a variance from the VOM content 

standards. Tr.1 at 39. Addressing that issue for the Agency, Mr. Davis stated that “Illinois has 

its own variance procedures that we follow.” Id., see 415 ILCS 5/35-38 (Variances). Ultimately, 
18

Mr. Yost supported the Agency’s proposed compliance date of January 1, 2009, characterizing it 

as “absolutely critical” and “consistent with what the other states are doing.” Tr.1 at 45.

Diluted Products (Section 223.206)

The Board proposes to add a section providing that, “[f]or consumer products for which 

the label, packaging, or accompanying literature specifically states that the product should be 

diluted with water or non-VOM solvent prior to use, the limits specified in Section 223.205(a) 

shall apply to the product only after the minimum recommended dilution has taken place.” Prop. 

at 36 (proposed Section 223.206(a)), Statement at 14-15. The Board also seeks to clarify that 

“the minimum recommended dilution shall not include recommendations for incidental use of a 

concentrated product to deal with limited special application such as hard-to-remove soils or 

stains.” Prop. at 36 (proposed Section 223.206(b), Statement at 15. Finally, the Board proposes 

language providing that, “[f]or consumer products for which the label, packaging, or 

accompanying literature states that the product should be diluted with any VOM solvent prior to 

use, the limits specified in Section 223.205(a) shall apply to the product only after the maximum 

recommended dilution has taken place.” Prop. at 36 (proposed Section 223.206(c)), Statement at 

15.

Products Registered under the Federal Insecticide, Fungicide, and Rodenticide Act 

(FIFRA) (Section 223.207)

The Board proposes to add a section providing that, for products registered under FIFRA, 

“the effective date of the VOM standards will be July 1, 2010.” Prop. at 36 (proposed Section 

223.207), Statement at 15. In its second errata sheet, the Agency proposed language “to clarify 

that the FIFRA section specified was incorporated by reference.” Errata 2 at 4 (§3). In 

responding to a question at the first hearing, Mr. Yost accounted for this effective date. He 

stated that a number of consumer products, such as those that kill mold or mildew, are regulated 

as a pesticide by FIFRA. Tr.1 at 29. He further stated that changes such as the formulation or 

labeling of pesticides require approval under FIFRA both by USEPA and the state Department of 

Agriculture. Id. at 29-30. He testified that the OTC model rule and regulations in other states all 

“provide one additional year because it takes that additional time to work through other sister 

agencies to get approval for any type of change.” Id. at 30.

Requirements for Aerosol Adhesives (Section 223.208)

The Board proposes to add a section providing that, as specified in particular language in 

California statutes, “the standards for aerosol adhesives apply to all uses of aerosol adhesives, 

including consumer, industrial, and commercial uses.” Prop. at 36 (proposed Section 

223.208(a)), Statement at 15; see Prop., Att. B(o) (CAL. HEALTH AND SAFETY CODE § 

41712(h)(2) (2005)). In its second errata sheet, the Agency proposed to clarify that this 

California provision was incorporated by reference. Errata 2 at 4 (§4).

The proposed section continues by stating that, subject to specified exceptions, “no 

person shall sell, supply, offer for sale, use or manufacture for sale in Illinois any aerosol 

adhesive that, at the time of sale, use, or manufacture, contains VOMs in excess of the specified 
19

standard.” Prop. at 36 (proposed Section 223.208(a)), Statement at 15. In its third errata sheet, 

the Agency proposed to strike an inadvertently repeated cross-reference to one of the stated 

exceptions. Errata 3 at 7 (§4); see Tr.2 at 56.

The Board also proposes a subsection (b) providing that, in order to qualify as a “Special 

Purpose Spray Adhesive,” a product must satisfy one or more of the proposed definitions of that 

term. Prop. at 36 (proposed Section 223.208(b)(1)), Statement at 15; see Prop. at 26-27 

(proposed definition). The proposed subsection (b) continues by providing that, “if the product 

label indicates that the product is suitable for use on any substrate or application not listed in the 

definitions for Special Purpose Spray Adhesive, then the product shall be classified as either a 

Web Spray Adhesive or a Mist Spray Adhesive. Prop. at 36-37 (proposed Section 

223.208(b)(1)), Statement at 15-16. The Board also proposes that, if a product meets more than 

one of the definitions of Special Purpose Spray Adhesive and is not classified as a Web Spray 

Adhesive or Mist Spray Adhesive, “then the VOC limit for the product shall be the lowest 

applicable VOM limit specified in Section 223.205(a) [Standards].” Statement at 16, Prop. at 37 

(proposed Section 223.208(b)(2)).

The Board also proposes a subsection (c) stating that, effective July 1, 2009, “no person 

shall sell, supply, offer for sale, or manufacture for use in Illinois” aerosol adhesives containing 

any of three specified compounds. Prop. at 37 (proposed Section 223.208(c)), Statement at 16. 

The Board also proposes that all aerosol adhesives must comply with proposed additional 

labeling requirements for aerosol adhesives, adhesive removers, electronic cleaner, electrical 

cleaner, energized electrical cleaner, and contact adhesives. Prop. at 37 (proposed Section 

223.208(d)), Statement at 16; see Prop. at 43-44 (proposed Section 223.265 additional labeling 

requirements).

Requirements for Floor Wax Strippers (Section 223.209)

The Board proposes to add a section providing that, on and after July 1, 2009, no person 

shall sell, supply, offer for sale, or manufacture for use in Illinois any floor wax stripper unless 

certain special labeling requirements concerning dilution ratios are met.” Statement at 16, Prop. 

at 37 (proposed Section 223.209). Specifically, non-aerosol floor wax stripper labels must 

specify, for light or medium build-up of polish, a dilution ratio resulting “in an as-used VOM 

concentration of three percent by weight or less.” Prop. at 37 (proposed Section 223.209(a)). 

Those labels must require, for removal of heavy build-up, a dilution ratio “that results in an asused VOM concentration of 12% by weight or less.” Id. (proposed Section 223.209(b)). The 

Board’s proposal does not require use of the specific term “light build-up,” “medium build-up,” 

or “heavy build-up,” as long as labels use comparable terminology. Id. (proposed Section 

223.209(c)).

Products Containing Ozone-Depleting Compounds (Section 223.210)

The Board proposes to add a section providing that, for consumer products subject to 

VOM content standards, “no person shall sell, supply, offer for sale, or manufacture for sale in 

Illinois any consume product that contains any of” fifteen specified ozone-depleting compounds. 

Prop. at 37-38 (proposed Section 223.210(a)), Statement at 16; see Prop. at 29-35 (proposed 
20

standards). The Board also proposes to provide exceptions for “any product formulation existing 

as of July 1, 2009 that complies with Section 223.205(a) [Standards] or is reformulated to meet 

Section 223.205(a), provided the ozone-depleting compound content of the reformulated product 

does not increase.” Prop. at 38 (proposed Section 223.210(b)), Statement at 16-17. In addition, 

the Board proposes language providing that the prohibition does not apply “to any ozone 

depleting compounds that may be present as impurities in a consumer product in an amount 

equal to or less than 0.01% by weight of the product.” Prop. at 38 (proposed Section 

223.210(c)), Statement at 17.

Requirements for Charcoal Lighter Material (Section 223.220)

The Board proposes to add a section providing that, on and after July 1, 2009, no person 

shall sell, supply, or offer for sale charcoal lighter material, unless the material at the time of the 

transaction has an effective CARB certification under a specified California regulation. Prop. at 

38 (proposed Section 223.220(a)), Statement at 17; see Prop., Att. B(n) (CAL. CODE REGS. tit. 17, 

§ 94509(h) (2005)). In its second errata sheet, the Agency clarified that this California provision 

was incorporated by reference. Errata 2 at 4-5 (§5). The Board also seeks to clarify that “[t]his 

certification remains in effect for Illinois for as long as the CARB certification remains in 

effect.” Prop. at 38, Statement at 17.

The Board also proposes language providing that, as an alternative, “the person may 

demonstrate that, at the time of the transaction, the manufacturer had been issued a certification 

by an air pollution agency of another state and USEPA that was current at the time of the 

transaction.” Prop. at 39 (proposed Section 223.220(b)), Statement at 17. Finally, the Board

also proposes that a manufacturer claiming to have this certification must submit, at the 

Agency’s request, “a copy of the certification decision, including all conditions applicable to the 

certification established by CARB or the air pollution agency of another state and USEPA.” 

Prop. at 39 (proposed Section 223.220(c)), Statement at 17.

Exemptions (Section 223.230)

The Board adds a section listing categories of products that are exempt from the proposed 

regulation. Prop. at 39-40 (proposed Section 223.230), Statement at 17. First, the Board

proposes to exempt

any consumer product manufactured in Illinois for shipment and use outside of 

Illinois, as long as the manufacturer or distributor can demonstrate both that the 

consumer product is intended for shipment and use outside of Illinois, and that the 

manufacturer or distributor has taken reasonable, prudent precautions to assure 

that the consumer product is not distributed to Illinois. Prop. at 39 (proposed 

Section 223.230(a)), Statement at 17.

Second, the Board proposes that, “[f]or antiperspirants or deodorants, ethanol shall not be 

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

specified in Section 223.205(a).” Prop. at 39 (proposed Section 223.230(b)), Statement at 17: 

see Prop. at 29-35 (proposed Section 223.205 standards). Third, the Board provides that the 
21

VOM content limits “shall not apply to fragrances up to a combined level of two percent by 

weight contained in any consumer product and shall not apply to colorants up to a combined 

level of two percent by weight contained in any antiperspirant or deodorant.” Prop. at 39 

(proposed Section 223.230(c)), Statement at 17-18. Fourth, the Board also seeks to provide that 

the VOM content limits “for antiperspirants and deodorants shall not apply to those volatile 

organic materials that contain more than 10 carbon atoms per molecule and for which the vapor 

pressure is unknown, or that have a vapor pressure of two mm Hg or less at 20oC.” Prop. at 39 

(proposed Section 223.230(d)), Statement at 18.

Fifth, the Board proposes that the VOM content limits “shall not apply to any LVP-VOM 

[Low Vapor Pressure – Volatile Organic Material].” Prop. at 39 (proposed Section 223.230(e)). 

In responding to a question at the first hearing, Mr. Davis indicated that, if a product contains 

other types of VOM, it is still subject to the VOM standards. Tr.1 at 32. Sixth, the Board seeks 

to provide that the product dating requirements of the proposal do not apply to consumer 

products regulated under FIFRA. Prop. at 39 (proposed Section 223.230(f)), Statement at 18; see

Prop. at 41-42 (proposed Section 223.250 product dating provisions), Prop., Att. B(s) (FIFRA). 

Seventh, the Board proposes to exempt from VOM content limits “air fresheners that are 

comprised entirely of fragrance, less compounds not defined as VOMs under Section 211.7150 

or exempted under subsection (f).” Prop. at 39 (proposed Section 223.230(g)), Statement at 18; 

see 35 Ill. Adm. Code 211.7150 (defining VOM or VOC).

Eighth, the Board also proposes to exempt from VOM content limits “air fresheners and 

insecticides containing at least 98% para-dichlorobenzene.” Prop. at 39 (proposed Section 

223.230(h)), Statement at 18. Ninth, the Board offers an exemption from VOM content limits 

for “adhesives sold in containers of one fluid ounce or less.” Prop. at 40 (proposed Section 

223.230(i)), Statement at 18. Tenth, and finally, the Board proposes to exempt “bait station 

insecticides” from VOM content limits. Prop. at 40 (proposed Section 223.230(j)). For the 

purpose of this section, the proposal defines “bait station insecticides” as “containers enclosing 

an insecticidal bait that is not more than 0.5 ounce by weight, when the bait is designed to be 

ingested by insects and is composed of solid material feeding stimulants with less than five 

percent active ingredients.” Prop. at 40, Statement at 18.

Innovative Product Exemption (Section 223.240)

The Board proposes to add a section providing an innovative product exemption, which 

allows “qualified manufacturers to sell products that have VOC contents greater than the 

applicable VOC limit, provided they demonstrate that such products actually emit less VOCs 

than representative products that comply with the VOC limit.” TSD at 19 (§2.4 Flexibility in 

Compliance Measures), Statement at 10. The Agency claimed that, in both California and the 

OTC states, “various manufacturers have formulated technologically-advanced products that are 

more concentrated, higher in efficacy, or have some other chemical or physical properties that 

permit users to release less VOCs when using such products.” Statement at 10, TSD at 19-20, 

citing Prop., Att. A(6) at 61, 222 (Initial Statement of Reasons for Proposed Amendments to the 

California Consumer Products Regulations (Sept. 10, 1999)).
22

The proposal provides that a manufacturer of consumer products granted an Innovative 

Product exemption by CARB according to specific regulations shall be exempt from the VOM 

content limits for the time the exemption remains in effect, provided that all consumer products 

within the CARB Innovative Products exemption are contained in the proposal’s content limits. 

Prop. at 40 (proposed Section 223.240(a)), Statement at 18-19; see Prop., Att. B(q) (CAL. CODE 

REGS. tit. 17, § 94511 (1997)), Prop., Att. B(r) (CAL. CODE REGS. tit. 17, § 94503.5 (1996)). In 

its second errata sheet, the Agency proposed to clarify that the applicable California regulations 

were incorporated by reference. Errata 2 at 5 (§6). The Board also proposes that manufacturers 

claiming this exemption must submit to the Agency the CARB decision granting the exemption, 

including all applicable conditions established by CARB. Prop. at 40, Statement at 19.

The Board establishes special recordkeeping requirements. The Board proposes to 

require that all information specified in the approval of the innovative product exemption “shall 

be maintained by the responsible party for a minimum of three years after the expiration of such 

exemption.” Prop. at 40 (proposed Section 223.240(b)(1)), Statement at 19. The Board also 

proposes to require that “[t]he records shall be clearly legible and maintained in good condition 

during this period.” Prop. at 40, Statement at 19. Finally, the Board offers language providing 

that these records “shall be made available to the Agency, or its authorized representative, upon 

request.” Prop. at 40 (proposed Section 223.240(b)(2)), Statement at 19.

Alternative Compliance Plans (Section 223.245)

The Board proposes to add a section providing for an alternative compliance plan (ACP), 

which allows “for approved manufacturers of affected consumer products to use emissions 

averaging for their product lines.” TSD at 20, Statement at 10. The Agency stated that, 

generally,

emissions averaging under approved ACP plans allows manufacturers to choose 

the least-cost or other advantageous reformulation options for its product lines. 

Rather than directly complying with the VOC limit for each product, 

manufacturers can choose to ‘overcomply’ with some reformulations in order to 

offset the ‘undercompliance’ of other product lines. TSD at 20, citing Prop., Att. 

A(6) at 222 (Initial Statement of Reasons for Proposed Amendments to the 

California Consumer Products Regulations (Sept. 10, 1999)); Statement at 10-11.

The Agency indicated that the ACP provisions intend to provide an alternative method for 

compliance with VOM content limits. Prop. at 40 (proposed Section 223.245(a)), Statement at 

11, 19. Specifically, the proposal allows responsible ACP parties the option of voluntarily 

entering into separate ACPs for consumer products and limits the option to those responsible 

parties. Prop. at 40, Statement at 19; see Prop. at 24 (defining “Responsible ACP Party”).

The proposal provides that a manufacturer of consumer products that have been granted 

an ACP agreement by CARB according to specific regulations shall be exempt from the VOM 

content limits for the time the ACP agreement remains in effect, provided that all consumer 

products used for emissions credits are contained in the proposal’s content limits. Prop. at 40-41 

(proposed Section 223.245(b)), Statement at 19-20; see Prop., Att. B(p) (CAL. CODE REGS. tit. 
23

17, § 94540-55 (1996). In its second errata sheet, the Agency proposed to clarify that the 

California regulations were incorporated by reference. Errata 2 at 5 (§7). The Board also 

proposes that manufacturers claiming to have an ACP agreement must submit to the Agency the 

CARB decision on the ACP, including all applicable conditions established by CARB. Prop. at 

41, Statement at 20.

The Board also proposes special recordkeeping requirements. Specifically, the Board

proposes to require that all information specified in the approval of the ACP “shall be maintained 

by the responsible ACP party for a minimum of three years after the expiration of the ACP.” 

Prop. at 41 (proposed Section 223.245(c)(1)), Statement at 20. The Board also proposes to 

require that “[t]he records shall be clearly legible and maintained in good condition during this 

period.” Prop. at 41, Statement at 20. Finally, the Board also provides that these records “shall 

be made available to the Agency or its authorized representative upon request.” Prop. at 41 

(proposed Section 223.240(c)(2)), Statement at 20.

Product Dating (Section 223.250)

The Board proposes to add a new section regarding product dating. The proposal first 

requires that manufacturers of consumer products subject to VOM content limits “shall clearly 

display on each consumer product container or package the day, month, and year on which the 

product was manufactured, or a code indicating such date.” Prop. at 41 (proposed Section 

223.250(a)), Statement at 20. Second, the proposal provides a code for indicating the date of 

manufacture and states that, if the code is separate from other codes on the product container so 

that it is easily recognizable, then the manufacturer need not comply with additional product 

dating requirements. Prop. at 41 (proposed Section 223.250(b)), Statement at 20; see Prop. at 42 

(proposed Section 223.255 Additional Product Dating Requirements).

Third, the Agency originally proposed that “[t]his date or code shall be displayed on each 

consumer product container or package no later than twelve months prior to the effective date of 

the applicable [VOM content] standard.” Prop. at 41 (proposed Section 223.250(c)), Statement 

at 20. In its third errata sheet, the Agency proposed instead to strike the words “twelve months 

prior to,” stating that it had inadvertently left this language in the proposal. Errata 3 at 7-8 (§5); 

see Tr.2 at 56. Fourth, the Board proposes language regarding the location of the date or date 

code information on the container of the product. Prop. at 41-42 (proposed Section 223.250(d)), 

Statement at 20-21. Fifth, and finally, the Board also proposes that these labeling requirements 

“shall not apply to products containing no VOMs (as defined in Section 223.203), or containing 

VOMs at 0.10% by weight or less.” Prop. at 42 (proposed Section 223.250(e)), Statement at 21.

Additional Product Dating Requirements (Section 223.255)

The Board also proposes language establishing additional product labeling requirements. 

In its third errata sheet, the Agency proposed to clarify this language by striking the first two 

subsections it had originally proposed. Errata 3 at 8 (§6). The Agency stated that this language 

had been inadvertently left in the proposed rule. Id.; see Tr.1 at 18-21, Tr.2 at 56, Yost Test. at 

6-7. As amended by the third errata sheet, the proposal first provides that “[n]o person shall 

erase, alter, deface, or otherwise remove or make illegible any date or code indicating the date of 
24

manufacturer from any regulated product container without the express authorization of the 

manufacturer.” Prop. at 42 (proposed Section 223.255(a)), Statement at 21. The same 

subsection also provides that “[n]o manufacturer shall affix a date code that is not true for the 

date the item was manufactured.” Prop. at 42, Statement at 21. The Board also proposes 

language providing that date-code explanations “are public information and may not be claimed 

as confidential.” Prop. at 42 (proposed Section 223.255(b)), Statement at 21.

Most Restrictive Limit (Section 223.260)

The Board proposes to add a section providing that, notwithstanding the definition of 

“product category,”

if anywhere on the principal display panel of any consumer product manufactured 

before July 1, 2009, or any FIFRA-registered insecticide manufactured before 

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

suitable for use as, a consumer product for which a lower VOC limit is specified 

in Section 223.205(a), then the lowest VOC limit shall apply. Prop. at 42 

(proposed Section 223.260(a)), Statement at 21-22.

The proposal further states that “[t]his requirement does not apply to general purpose cleaners, 

antiperspirant/deodorant products and insecticide foggers.” Prop. at 42, Statement at 22.

Similarly, the Board proposes to provide that, notwithstanding the definition of “product 

category,”

if anywhere on the container or packaging of any consumer product manufactured 

on or after July 1, 2009, or any FIFRA-registered insecticide manufactured on or 

after July 1, 2010, or on any sticker or label affixed to the container or packaging, 

any representation is made that the product may be used as, or is suitable for use 

as, a consumer product for which a lower VOC limit is specified in Section 

223.205(a), then the lowest VOC limit shall apply. Prop. at 43 (proposed Section 

223.260(b)), Statement at 21-22.

The proposal further states that “[t]his requirement does not apply to general purpose cleaners, 

antiperspirant/deodorant products and insecticide foggers.” Prop. at 43, Statement at 22.

Additional Labeling Requirements for Aerosol Adhesives, Adhesive Removers, Electronic 

Cleaners, Energized Electrical Cleaners, and Contact Adhesives (Section 223.265)

The Board proposes to add a section requiring that, in addition to the requirements of 

other specified sections of the proposal, “both the manufacturer and responsible party for each 

aerosol adhesive, adhesive remover, electronic cleaner, electrical cleaner, energized electrical 

cleaner, and contact adhesive product subject to this regulation” must ensure that all products 

clearly display five specific items of information on product containers manufactured on or after 

July 1, 2009. Prop. at 43 (proposed Section 223.265(a)), Statement at 22. First, the container 

must display either the specific product category or an abbreviation of it. Prop. at 43 (proposed 
25

Section 223.265(a)(1)), Statement at 22. Second, except for energized electrical cleaner, it must 

also display the applicable VOM standard for the product expressed as a percentage by weight, 

unless the product is included in an ACP approved by the Agency and the product exceeds the 

applicable VOM standard. Prop. at 43 (proposed Section 223.265 (a)(2)), Statement at 22-23.

Third, if the product is included in an ACP approved by the Agency and the product 

exceeds the applicable VOM standard, it must be labeled with the term “ACP” or “ACP 

product.” Prop. at 43 (proposed Section 223.265(a)(3)), Statement at 23. Fourth, “[i]f the 

product is classified as a special purpose spray adhesive, the applicable substrate and/or 

application or an abbreviation of the substrate and/or application that qualifies the product as 

special purpose shall be displayed.” Prop. at 43 (proposed Section 223.265(a)(4)), Statement at 

23. Fifth, if a manufacturer or responsible party uses an abbreviation as allowed by this section, 

then an explanation of that abbreviation must be filed with the Agency before the abbreviation is 

used. Prop. at 43 (proposed Section 223.265(a)(5)), Statement at 23.

In addition, the Board proposes language regarding the location of this required

information on the container of the product. Prop. at 44 (proposed Section 223.265(b)), 

Statement at 23. Finally, the Board also proposes language forbidding any person from 

removing, altering, concealing, or defacing the information required in Section 223.265(a) before 

the final sale of the product. Prop. at 44 (proposed Section 223.265(c)), Statement at 23.

Reporting Requirements (Section 223.270)

The Board proposes responsible parties must submit specified information to the Agency 

within 30 days of a request. Prop. at 44 (proposed Section 223.270(a)), Statement at 23. In its 

second errata sheet, responding to concerns voiced by members of the public, the Agency 

proposed to clarify that this information is due to the Agency within 90 days of a request. Errata 

2 at 5-6 (§8); see Yost Test. at 7-8, Tr.1 at 13-16, 35.

The specified information first includes “[t]he name, address, and telephone number of 

the responsible party and name and telephone number of the party’s designated contact person.” 

Prop. at 44 (proposed Section 223.270(a)(1)), Statement at 23. Second, for each product subject 

to VOM content standards at the proposed Section 223.205(a), the information includes the 

product brand name, product label, product category, applicable product form(s) listed 

separately, and identification of the product as a household product, institutional product, or 

both. Prop. at 44 (proposed Section 223.270(a)(2)(A-E)), Statement at 23-24. Third, the 

responsible party must submit “[s]eparate Illinois sales in pounds per year, to the nearest pound, 

and the method used to calculate Illinois sales for each product form.” Prop. at 44 (proposed 

Section 223.270(a)(3)), Statement at 24.

Fourth, regarding information submitted by multiple companies, the responsible party 

must submit “an identification of each company that is submitting relevant data separate from 

that submitted by the responsible party. All information from each company shall be submitted 

by the date requested by the Agency.” Prop. at 44 (proposed Section 223.270(a)(4)), Statement at 

24. Fifth, for each product brand name and form, the required information includes the net 

percent by weight of the total product, less container and packaging and rounded to the nearest 
26

one-tenth of a percent, of the following: total section 223.205(a) compounds; total LVP-VOMs 

that are not fragrances; total all other carbon-containing compounds that are not fragrances; total 

all non-carbon-containing compounds; total fragrance; for products containing greater than two 

percent by weight fragrance, both the percentage of fragrance that are LVP-VOMs and the 

percent of fragrance that are all other carbon-containing compounds; and total 

parachlorobenzene. Prop. at 44-45 (proposed Section 223.270(a)(5)(A-G)), Statement at 24.

Sixth, the required information also includes, for each product brand name and form, “the 

identity, including the specific chemical names and associated Chemical Abstract Service (CAS) 

number” of each Section 223.205(a) compound and each LVP-VOM that is not a fragrance. 

Prop. at 45 (proposed Section 223.270(a)(6)), Statement at 24. Seventh, the responsible party 

must also submit, if a product includes a propellant, both “[t]he weight percent comprised of 

propellant for each product; and [a]n identification of the type of propellant, such as Type A, 

Type B, or Type C, or a blend of the different types.” Prop. at 45 (proposed Section 

223.270(a)(7)), Statement at 24.

The Board also proposes a subsection (b) providing that, in addition to the requirements 

of the proposed subsection (a)(6), “the responsible party shall report or arrange to have reported 

to the Agency, upon request, the net percent by weight of each ozone-depleting compound that

is: “[l]isted in Section 223.210(a) [Products Containing Ozone-Depleting Compounds]; and 

[c]ontained in a product subject to reporting under subsection (a) in any amount greater than 

0.1% by weight.” Prop. at 45 (proposed Section 223.270(b)), Statement at 25. In its first errata 

sheet, the Agency clarified that this information on ozone-depleting compounds has only to be 

submitted to the Agency upon request. Errata 1 at 1 (§1). The Agency stated that “[i]t was not 

intended that companies should be required to provide this information without a request from 

the Illinois EPA.” Id.

Finally, the Board proposes language requiring that, “[i]n addition, all manufacturers 

must submit to the Agency, upon request, the information requested in subsections (a) and (b) 

above upon commencement of the selling of each such product in Illinois.” Prop. at 45 

(proposed Section 223.270(c)), Statement at 25. In its first errata sheet, the Agency clarified 

that this information needs to be submitted to the Agency only upon request. Errata 1 at 1-2 

(§2). The Agency stated that “[i]t was not the intention of the Illinois EPA to require every 

manufacturer to submit information every time they sell a new product in Illinois.” Id.

Special Reporting Requirements for Consumer Products that Contain Perchloroethylene 

or Methylene Chloride (Section 223.275)

The Board proposes to add a new section establishing special recordkeeping 

requirements. The Agency offered language stating that this provision applies to all responsible 

parties for consumer products that are subject to Section 223.205(a) [Standards] and contain 

perchloroethylene or methylene chloride and Energized Electrical Cleaners as defined in Section 

223.203 that contain perchloroethylene or methylene chloride. Prop. at 46 (proposed Section 

223.275(a)), Statement at 25. The proposal also states that “[f]or the purposes of this Section, a 

product ‘contains perchloroethylene or methylene chloride’ if the product contains 1.0 percent or 
27

more by weight (exclusive of the contained or packaging) of either perchloroethylene or 

methylene chloride.” Prop. at 46, Statement at 25.

The Board proposes to require that, for each consumer product that contains 

perchloroethylene or methylene chloride, the responsible party must report to the Agency the 

following information for products sold in Illinois: product brand name and label with legible 

use instructions; product category; applicable product form(s) (listed separately); for each listed 

product form, total sales in Illinois during the calendar year to the nearest pound, exclusive of the 

container or packaging, and the method used to calculate Illinois sales; and the weight percent of 

perchloroethylene and methylene chloride in the consumer product, to the nearest 0.10 percent. 

Prop. at 46 (proposed Section 223.275(b)), Statement at 25-26. In its second errata sheet, 

responding to concerns voiced by members of the public, the Agency proposed to clarify that this 

information is due to the Agency within 90 days of a request. Errata 2 at 6 (§9); see Tr.1 at 16-

18.

Calculating Illinois Sales (section 223.280)

The Board proposes to add a section providing in its entirety that, “[i]f direct sales data 

for Illinois are not available, sales may be estimated by prorating national or regional sales data 

by population.” Prop. at 46 (proposed new Section 223.280), Statement at 26.

Test Methods (Section 223.285)

In this proposed new section, the Board first seeks to provide that “[t]esting to determine 

compliance with the requirements of this Subpart [B] shall be performed using CARB Method 

310, Determination of Volatile Organic Materials (VOM) in Consumer Products, which is 

incorporated by reference in Section 223.120.” Prop. at 46 (proposed Section 223.285(a), 

Statement at 26; see Prop., Att. B(l) (Method 310 last amended May 5, 2005). The Board also 

proposes that compliance may be demonstrated through calculation of the VOM content from 

records of the amounts of constituents used to make the product, if the demonstration is made 

according to specified criteria. Prop. at 46-47 (proposed Section 223.285(b)(1-5)), Statement at 

26.

The Board also proposes language providing that “[t]esting to determine whether a 

product is a liquid or solid shall be performed using ASTM D4359-90, which is incorporated by 

reference at Section 223.120, or an equivalent method approved by the CARB.” Prop. at 47 

(proposed Section 223.285(c)); see Prop., Att. B(f)(9) (ASTM D4359-90 reapproved 2006). In 

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

it with the newer version which was incorporated by reference. Errata 2 at 6 (§10); see Tr.1 at 

32; see also Errata 3 at 9 (§7) (same proposed correction).

The Board also proposes that “[t]esting to determine compliance with the certification 

requirements for charcoal lighter material shall be performed using the procedures specified in 

the SCAQMD Test Protocol Rule 1174, Ignition Method Compliance Certification Protocol, 

which is incorporated by reference in Section 223.120.” Prop. at 47 (proposed Section 

223.285(d)); see Prop., Att. B(m) (Rule 1174).
28

In addition, the Agency originally proposed that “[t]esting to determine distillation points 

of petroleum distillate-based charcoal lighter materials shall be performed using ASTM D86-

07b, which is incorporated by reference in Section 223.120, or an equivalent method approved 

by the CARB.” Prop. at 47 (proposed Section 223.285(e)). In its third errata sheet, the Agency 

proposed “to correct the citation to the ASTM [86-07b, 2007] and reconcile it with the newer 

version which was incorporated by reference.” Errata 3 at 9 (§7); see Tr. 2 at 56-57. Above, the 

Board noted that the Agency in its third errata sheet proposed to add to the materials 

incorporated by reference ASTM D86-07b, approved 2007. Errata 3 at 3-4; see supra at 7.

Subpart C: Architectural and Industrial Maintenance Coatings

USEPA regulates AIM coatings through rules codified at 40 C.F.R Part 59, Subpart D. 

TSD at 39 (noting authority under Section 183(e) of the Clean Air Act). “Emissions of VOM 

from this source category occur when the solvent carrying coating material evaporates and leaves 

the coating material on the surface during application and drying.” TSD at 34, Statement at 7. 

“The current federal rule is estimated to reduce VOM emissions from AIM coatings by 

approximately 20% from uncontrolled levels.” TSD at 39. The Agency proposed to separate 

this source category into 49 coating categories, each with a specific VOM content limit. TSD at 

35-37 (Table 3.2.1 AIM Coating Categories and VOM Limits), Statement at 7-8, Prop. at 56-59 

(proposed Section 223.310).

For the purposes of the Agency’s proposal, an AIM coating “is a coating to be applied to 

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

site of installation, to pavements, or to curbs.” TSD at 34 (Description and Sources of 

Emissions), Statement at 7. Also for purposes of the proposal, “[c]oatings applied in shop 

applications or to non-stationary structures such as airplanes, ships, boats, railcars, and 

automobiles, and adhesives are not considered “Architectural Coatings.” TSD at 34, Statement 

at 7. The Agency stated that “AIM coatings are used to protect and beautify homes, office 

buildings, factories, pavements, curbs and on a variety of surfaces inside and outside of such 

structures such as metal, wood, plastic, concrete, and wallboard. AIM coatings are applied by 

brush, roller, or spray gun, and are applied by consumers, contractors, or maintenance staff.” 

TSD at 34, Statement at 7.

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

attributable to AIM coatings both statewide and in the NAAs. TSD at 38, citing Prop., Att. A(2) 

(Illinois Periodic Emission Inventory and Milestone Demonstration for 2002, November 2004); 

see Prop., Att. A(15) (Illinois Base Year Ozone Inventory for 2002 (June 2006)). These data 

show that, “[i]n Illinois, AIM coatings emissions account for approximately 4.30% of the total 

anthropogenic VOM emissions during the ozone season, and approximately 3.97% of all 

anthropogenic VOM emissions in Illinois for the entire year. TSD at 34, citing Prop., Atts. A(2), 

A(15); Statement at 8. In the Metro East/St. Louis NAA, AIM coatings account for 

approximately 4.28% of total anthropogenic VOM emissions during the ozone season and 

approximately 3.20% of those emissions for the entire year. TSD at 34-35, 38, Statement at 8. 

In the Chicago NAA, AIM coatings account for approximately 8.01% of total anthropogenic 

VOM emissions during the ozone season and approximately 6.26% of those emissions for the 
29

entire year. TSD at 34-35, 38, Statement at 8. AIM coatings are estimated to emit 71.10 tons of 

VOM per day in Illinois during the ozone season and to emit 58.14 tons per day over the entire 

year. TSD at 38 (Table 3.2.2).

The Agency stated that “[t]he most effective approach for reducing emissions of VOM 

from AIM coatings is reformulation of the coatings themselves.” TSD at 39. The Agency 

indicated that this reformulation could involve “using water based formulations, using 

formulations employing acetone or other exempt solvents, or increasing the coating material 

content of the coating.” Id.

The Agency estimated that adoption of its proposed rule “would result in a reduction of 

VOM emissions of 21% beyond the current federal regulation.” Statement at 8 (citing MACTEC 

figures), TSD at 45. “Adoption of the proposed regulation will account for the reduction of 

12.21 tons of VOM per day or 4,456 tons of VOM annually.” Statement at 8, TSD at 45, citing 

Prop., Att. A(3). This represents “a reduction of nearly 1% of the total anthropogenic VOM 

emissions in the State.” TSD at 45.

At the second hearing, the Board heard testimony from Mr. Dave Carey of W.R. 

Meadows, Inc., a manufacturer of products used in commercial construction, including 

architectural coatings and waterproofing membranes. Tr.2 at 48. Mr. Carey stated that, with 

different requirements in effect in various parts of the country, “there are significant costs 

associated with reformulating products, retrofitting and changing equipment, and one of the 

things that hurts us as a company is inconsistency from one region of the country to the next.” 

Id. at 48-49. Mr. Carey noted that there are two factors leading his industry to reduce VOC 

content in its products. First, he stated that the cost of some solvents have increased by 100 

percent. Id. at 49-50. Second, he indicated that builders increasingly seek environmentally 

friendly products. Id. at 50. Mr. Carey concluded by asking the Agency to consider waiting for 

a federal rule, “especially if it’s going to be more restrictive than the Illinois rule and it would 

preempt the Illinois rule,” which would simplify the transition for industry. Id. at 49-50.

Purpose (Section 223.300)

The Board proposes to add a section providing in its entirety that “[t]he purpose of this 

Subpart [C] is to limit emissions of VOMs by requiring reductions in the VOM content of 

architectural and industrial maintenance coatings and required work practices to minimize VOM 

emissions in the application of architectural and industrial maintenance coatings to surfaces.” 

Prop. at 48 (proposed new Section 223.300), Statement 26.

Applicability (Section 223.305)

The Board proposes to add a section providing that “[t]his Subpart [C] is applicable to 

any person who supplies, sells, offers for sale, or manufacture any architectural coating for use 

within the State of Illinois, as well as any person who applies or solicits the application of any 

architectural coating within Illinois.” Prop. at 48 (proposed Section 223.305), Statement at 26-

27. The Board also proposes language providing that Subpart C does not apply to three specific 

categories of coating products: architectural coatings sold or manufactured for use outside of 
30

Illinois “or for shipment to other manufacturers for reformulation or repackaging;” aerosol 

coating products; and architectural coatings sold in a container with a volume of one liter or less. 

Prop. at 48 (proposed Sections 223.305(a-c)), Statement at 27.

Definitions for Subpart C (Section 223.307)

The Board proposes to add a section defining terms applicable to Subpart C. Prop. at 48-

56 (proposed Section 223.307), Statement at 27. The Board also proposes to include language 

providing that, “[u]nless otherwise defined in this Section, the definitions of terms used in this 

Subpart [C] shall have the meanings specified for those terms in 35 Ill. Adm. Code 211.” Prop. 

at 48, Statement at 27; see 35 Ill. Adm. Code 211 (definitions and general provisions applicable 

to emission standards and limitations for stationary sources).

In its second errata sheet, the Agency proposed technical changes. Errata 2 at 6-7. 

Among them, the Agency in five definitions changed the term “Part” to “Subpart” to clarify the 

applicability of those definitions. Errata 2 at 6-7 (§12). The Agency also clarified that two 

ASTM methods included in the definition of “nuclear coating” are incorporated by reference. Id. 

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

In a written public comment, NPCA stated that it had responded to the Agency’s draft 

rulemaking proposal by requesting that the Agency “include additional definitions and limits for 

specific specialty coatings” in order to be consistent with sources including the OTC model rule. 

PC 2 at 1. NPCA indicated that, although IEPA made suggested changes, it inadvertently had 

not added a definition of and limits applicable to “concrete surface retarder.” Id. NPCA 

requested that this language be added to various sections of Subpart C of the Agency’s proposal. 

Id.; see Tr.2 at 42-43. Also, at the second hearing, the hearing officer noted that the definition of 

“nuclear coating” refers to two ASTM methods, different versions of which appeared to be 

incorporated by reference in Section 223.120 of the Agency’s proposal. Tr.2 at 57.

In its third errata sheet, the Agency proposed changes addressing these issues. First, the 

Agency proposed to correct references to three ASTM methods “to clarify the definitions of 

certain words.” Errata 3 at 9 (§8); see Prop., Att. B(f)(8) (ASTM E84-07, Standard Test Method 

for Surface Burning Characteristics of Building Materials, approved 2007), Prop., Att. B(f)(5) 

(ASTM Method D4082-02, Standard Test Method for Effects of Gamma Radiation on Coatings 

for Use in Light-Water Nuclear Power Plants, approved 2002), Prop., Att. B(f)(4) (ASTM 

Method D3912-95, Standard Test Method for Chemical Resistance of Coatings Used in LightWater Nuclear Power Plants, reapproved 2001). Also in the third errata sheet, the Agency 

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

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

Standards (Section 223.310)

The Board proposes to add a section stating that, except as provided in subsection (c) 

regarding most restrictive VOM limits, “no person shall manufacture, blend, or repackage for 

sale in Illinois, or solicit for application or apply within Illinois, any architectural coating

manufactured on or after July 1, 2009 that contains a VOM content in excess” of specified limits. 
31

Prop. at 56-59 (proposed Section 223.310(a)), Statement at 27, TSD at 35-37 (Table 3.2.1 AIM 

Coating Categories and VOM Limits). In a public comment filed January 22, 2008, NPCA 

suggested that Agency amend the VOM content of 450 grams per liter for nuclear coatings in 

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

In its first errata sheet, the Agency proposed to correct the listed VOM content limit for nuclear 

coatings to reflect an amended OTC model rule. Errata 1 at 2 (§3). In a public comment filed 

May 19, 2008, NPCA requested that, in addition to adding a definition of “concrete surface 

retarder,” the Agency also amend its proposal to include a VOM content limit for that category 

of 780 grams per liter. PC 2 at 1. In its third errata sheet, the Agency proposed to add this limit. 

Errata 3 at 10 (§10).

The proposal expresses VOM content limits in terms of both grams per liter and pounds 

per gallon. Prop. at 56. The proposed subsection includes a Board Note stating that one pound 

of VOM per U.S. gallon is equal to 119.95 grams per liter. Id. at 59. The proposal also states 

that “[l]imits are expressed in grams of VOM per liter of coating thinned to the manufacturer’s 

maximum recommendation, excluding the volume of any water, exempt compounds, or colorant 

added to tint bases. ‘Manufacturers maximum recommendation’ means the maximum 

recommendation for thinning that is indicated on the label or lid of the coating container.” Prop. 

at 59 (proposed Section 223.310(b).

The Board also proposes that,

[i]f anywhere on the container of any architectural coating, or any label or sticker 

affixed to the container, or in any sales, advertising, or technical literature 

supplied by a manufacturer or anyone acting on the manufacturer’s behalf, any 

representation is made that indicates that the coating meets the definition of or is 

recommended for use for more than one of the coating categories listed in 

subsection (a), then the most restrictive VOM content limit shall apply. Prop. at 

59 (proposed Section 223.310(c)), Statement at 28.

The Board also provides that this “Most Restrictive VOM Limit” provision does not apply to 21

specified categories of coatings. Prop. at 59-60, Statement at 28. In its public comment filed 

May 19, 2008, NPCA requested that the category of concrete surface retarder be added to the list 

of categories exempt from this provision. PC 2 at 1. In its third errata sheet, the Agency 

proposed to add concrete surface retarded as the 21st exempt category. Errata 3 at 10 (§11).

The Board proposes a number of additional subsections pertaining to VOM content 

limits. The proposal provides that architectural coating containers such as drums, buckets, cans, 

pails, and trays used to apply their contents “directly from the container by pouring, siphoning, 

brushing, rolling, padding, ragging, or other means shall be closed when not in use.” Prop. at 60 

(proposed Section 223.310(d)), Statement at 27. The Board also proposes language providing 

that “[n]o person who applies or solicits the application of any architectural coating shall apply a 

coating that is thinned to exceed the applicable VOM limit specified in subsection (a).” Prop. at 

60 (proposed Section 223.310(e)), Statement at 27. The Board also proposes to address rust 

preventive coatings by providing that no person shall apply them or solicit their application “for 

industrial use unless the rust preventive coating complies with the industrial maintenance coating 
32

VOM limit specified in subsection (a).” Prop. at 60 (proposed Section 223.310(f)), Statement at 

27. If another Subpart also regulates that coating, then the more restrictive limit applies. Prop. 

at 60. The Board also offers a provision for determining the VOM content limit of a coating that 

does not meet any of the definitions for the special coatings categories listed in Section 

223.310(a). Prop. at 60-61 (proposed Section 223.310(g)), Statement at 27.

Container Labeling Requirements (Section 223.320)

The Board proposes to add a section requiring that each manufacturer of architectural 

coatings subject to Subpart C must include specified information “on the coating container in 

which the coating is sold or distributed (or on its label).” Prop. at 61 (proposed Section 

223.320), Statement at 28. First, the label, lid, or bottom of the coating container must include 

the date the coating was manufactured or a code representing that date. Prop. at 61 (proposed 

Section 223.320(a)), Statement at 28. This provision requires that, “[i]f the manufacturer uses a 

date-code for any coating, the manufacturer shall file an explanation of each code with the 

Agency upon request.” Prop. at 61. In its second errata sheet, the Agency proposed to clarify 

that manufacturers only have to submit explanations of date codes to the Agency upon request. 

Errata 2 at 7 (§15). “It was not intended that companies should be required to provide this 

information without a request from the Illinois EPA.” Id.

Second, the proposal requires that the label or lid of the container include “[a] statement 

of the manufacturer’s recommendation regarding thinning of the coating.” Prop. at 61 (proposed 

Section 223.320(b)), Statement 28. The Board proposes that “[t]his requirement does not apply 

to the thinning of architectural coatings with water. If thinning of the coating prior to use is not 

necessary, the recommendation must specify that the coating is to be applied without thinning.” 

Prop. at 61.

Third, the Board proposes that “[e]ach container of any coating subject to this Subpart

shall display either the maximum or the actual VOM content of the coating, as supplied, or the 

actual VOM content including the maximum thinning as recommended by the manufacturer.” 

Prop. at 61 (proposed Section 223.320(c)), Statement at 28. The Board proposes that “VOM 

content displayed shall be calculated using product formulation data, or shall be determined 

using the test methods in Section 223.340(b).” Prop. at 61; see Prop. at 65 (proposed Section 

223.340(b) determining physical properties of a coating). The Board further proposes that “[t]he 

equations in Section 223.340(a) shall be used to calculate VOM content.” Prop. at 61; see Prop. 

at 64-65 (proposed Section 223.340(a) providing calculation of VOM content). The proposal 

requires displaying VOM content in grams of VOM per liter of coating. Prop. at 61. In its 

public comment filed January 22, 2008, NPCA acknowledged that the Agency had clarified that 

“VOC Content” and “VOM content” had the same meaning. PC 1 at 2. Based on the possibility 

of confusion over the two terms, NPCA requested that the Agency clarify that either “VOM 

Content” or “VOC Content” may be displayed. Id.; see Tr. 1 at 22-24. In its second errata

sheet, the Agency proposed language repeating and clarifying that the two terms have the same 

meaning. Errata 2 at 8 (§16).

Fourth, in addition to the preceding requirements, the Board proposes to require that 

manufacturers of industrial maintenance coatings must display on the coating’s container one or 
33

more specific descriptions: “[f]or industrial use only,” “[f]or professional use only,” and “[n]ot 

for residential use” or “[n]ot intended for residential use.” Prop. at 61 (proposed Section 

223.320(d)(1-3)), Statement at 28. Fifth, the proposal requires that “[t]he labels of all clear 

brushing lacquers shall prominently display the statements ‘For brush application only’ and ‘This 

product must not be thinned or sprayed.’” Prop. at 61 (proposed Section 223.320(e)), Statement 

at 28. Sixth, addressing rust preventive coatings, the Board proposes to require that their labels 

“shall prominently display the statement ‘For Metal Substrates Only.’” Prop. at 62 (proposed 

Section 223.320(f)), Statement at 28-29.

Seventh, regarding specialty primers, sealers, and undercoaters, the Board requires that 

their labels display one or more specific descriptions: “[f]or blocking stains,” “[f]or firedamaged substrates,” “[f]or smoke-damaged substrates,” “[f]or water-damaged substrates,” or 

“[f]or excessively chalky substrates.” Prop. at 62 (proposed Section 223.320 (g)(1-5)), 

Statement at 29. Eighth, the Board proposes that “[t]he labels of all quick dry enamels shall 

prominently display the words ‘Quick Dry’ and the dry hard time.” Prop. at 62 (proposed 

Section 223.320(h)), Statement at 29. Ninth, the Board also proposes that “[t]he labels of all 

non-flat high-gloss coatings shall prominently display the words ‘High Gloss.’” Prop. at 62 

(proposed Section 223.320(i)), Statement at 29. Tenth, the Board seeks to require that, 

“[e]ffective January 1, 2010, the labels of all stone consolidants shall prominently display the 

statement ‘Stone Consolidant – For Professional Use Only.’” Prop. at 62 (proposed Section 

223.320(j)), Statement at 29.

Recordkeeping and Reporting Requirements (Section 223.330)

The Board proposes to add a section prescribing recordkeeping and reporting 

requirements for six specific categories of coatings. Prop. at 62-64 (proposed Section 223.330), 

Statement at 29. First, the proposal requires manufacturers of clear brush lacquers, at the request 

of the Agency, to report “[t]he number of gallons of clear brushing lacquer sold in the State 

during the preceding calendar year; and [t]he method used by the manufacturer to calculate State 

sales.” Prop. at 62 (proposed Section 223.330(a)(1-2)), Statement at 29. Second, the proposal 

requires manufacturers of rust preventive coatings, at the request of the Agency, to report “[t]he 

number of gallons of rust preventive coatings sold in the State during the preceding calendar 

year; and [t]he method used by the manufacturer to calculate State sales.” Prop. at 62-63 

(proposed Section 223.330(b)(1-2)), Statement at 29. Third, the proposal also requires 

manufacturers of specialty primers, sealers, and undercoaters, at the request of the Agency, to 

report “[t]he number of gallons of specialty primers, sealers, and undercoaters sold in the State 

during the preceding calendar year; and [t]he method used by the manufacturer to calculate State 

sales.” Prop. at 63 (proposed Section 223.330(c)(1-2)), Statement at 29.

Fourth, the proposal requires manufacturers of architectural coatings that contain 

perchloroethylene or methylene chloride to report the following information at the request of the 

Agency: “[t]he product name and a copy of the product label with legible usage instructions,” 

“[t]he product category listed in Section 223.310(a) to which the coating belongs,” “[t]he total 

sales in Illinois, during the calendar year, to the nearest gallon,” and “[t]he volume percent, to the 

nearest 0.10 percent, of perchloroethylene and methylene chloride in the coating.” Prop. at 63 

(proposed Section 223.330(d)(1-4)), Statement at 29-30.
34

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

Those manufacturers, upon request of the Agency, “must submit a letter to the Agency selfcertifying their status as a Recycled Paint Manufacturer.” Prop. at 63 (proposed Section 

223.330(e)(1)), Statement at 30. The proposal also requires recycled coatings manufacturers, at 

the request of the Agency, to report “[t]he number of gallons of recycled coatings sold in the 

State during the preceding calendar year; and [t]he method used by the manufacturer to calculate 

State sales.” Prop. at 63 (proposed Section 223.330(e)(2)(A-B)), Statement at 30. Sixth, the 

proposal requires manufacturers of “bituminous roof coatings” or “bituminous roof primers” to 

report, at the request of the Agency, “[t]he number of gallons of “bituminous roof coatings” or 

“bituminous roof primers” sold in the State during the preceding calendar year; and [t]he method 

used by the manufacturer to calculate State sales.” Prop. at 64 (proposed Section 223.330(f)(1-

2)), Statement at 30.

In its original proposal, the Agency sought to require that the affected manufacturers 

report the specified information “upon request of the Agency, within 30 days written notice.” 

Prop. at 62-64 (proposed Section 223.330). In its public comment filed January 22, 2008, NPCA 

expressed concern that these proposed reporting requirements are burdensome, “especially the 

requirements that reports would need to be provided within 30 days of written notice.” PC 1 at 

1. NPCA claimed that these requirements originated with a 2000 CARB Suggested Control 

Measure (SCM) and that CARB deleted them from a subsequent SCM on the basis that “this 

information was no longer needed.” Id. In its second errata sheet, the Agency noted that the 30-

day requirement generated public concern and clarified “that companies have 90 days, not 30, to 

submit the pertinent information to the Illinois EPA.” Errata 2 at 8-9 (§17).

Compliance Provisions and Test Methods (Section 223.340)

The Board proposes to add a section providing procedures for determining the VOM 

content of a coating in order to determine compliance with the VOM content limits at Section 

223.310(a). Prop. at 64-65 (proposed Section 223.340(a)(1-2)), Statement at 30. With the 

exception of low solids coating, the equation at Section 223.340(a)(1) determines “the VOM 

content in grams of VOM per liter of coating thinned to the manufacturer’s maximum 

recommendation, excluding the volume of any water and exempt compounds.” Prop. at 64, 

Statement at 31. For low solids coatings, the equation at Section 223.340(a)(2) determines “the 

VOM content in units of grams of VOM per liter of coating thinned to the manufacturer’s 

maximum recommendation, excluding the volume of any water and exempt compounds.” Prop. 

at 64-65, Statement at 31.

The Board also proposes a Section 223.340(b) providing that, “[t]o determine the 

physical properties of a coating in order to perform the calculations in subsection (a), the 

reference method for VOM content is USEPA Method 24, incorporated by reference in Section 

223.120, except as provided in Sections 223.350 [Alternative Test Methods] and 223.360 

[Methacrylate Traffic Coating Markings].” Prop. at 65, see Prop., Att. B(c) (40 C.F.R. 60, 

Appendix A, Method 24, Determination of Volatile Matter Content, Water Content, Density, 

Volume Solids, and Weight Solids of Surface Coatings (July 1, 2006)).
35

The Board also proposes to provide that “[a]n alternative method to determine the VOM 

content of coatings is SCAQMD Method 304-91, incorporated by reference in Section 223.120.” 

Prop. at 65; see Prop., Att. B(g) (South Coast Air Quality Management District (SCAQMD) 

Method 304-91, Determination of Volatile Organic Compounds in Various Materials, revised 

February 1996). The Board also proposes to provide that “[t]he exempt compounds content shall 

be determined by SCAQMD Method 303-91,” which is also incorporated by reference. Prop. at 

65; see Prop., Att. B(g)(2) (SCAQMD Method 303-91, Determination of Exempt Compounds, 

revised February 1993).

The Board proposes that, “[t]o determine the VOM content of a coating, the manufacturer 

may use USEPA Method 24, or an equivalent alternative method as provided in Section 223.350, 

formulation data, or any other reasonable means for predicting that the coating has been 

formulated as intended (e.g., quality assurance checks, recordkeeping).” Prop. at 65, Statement 

at 32. The Board also proposes, however, that, “if there are any inconsistencies between the 

results of a Method 24 test and any other means for determining VOM content, the Method 24 

results will govern, except when an equivalent alternative method is approved as specified in 

Section 223.350.” Prop. at 65, Statement at 32.

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

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

Alternative Test Methods (Section 223.350)

The Board proposes to add a section providing in its entirety that “[o]ther test methods 

demonstrated to provide results that are acceptable for purposes of determining compliance with 

Section 223.340(b), after review, and approval in writing by the Agency and USEPA, may also 

be used.” Prop. at 65 (proposed Section 223.350), Statement at 32.

Methacrylate Traffic Coating Markings (Section 223.360)

The Board proposes to add a section providing that “[a]nalysis of methacrylate multicomponent coatings used as traffic marking coatings shall be conducted according to a 

modification of USEPA Method 24 . . . or an equivalent method approved by the CARB.” Prop. 

at 65 (proposed Section 223.360), Statement at 32. The proposed language also provides that 

“[t]his method has not been approved for methacrylate multi-component coatings used for 

purposes other than as traffic marking coatings or for other classes of multi-component 

coatings.” Prop. at 65, Statement at 32-33.

Test Methods (Section 223.370)

The Board proposes to add a section listing test methods incorporated by reference and 

states that they “shall be used to test coatings subject to the provisions of this Subpart [C]. Prop. 

at 65-67 (proposed Section 223.370(a-m)), Statement at 33.

In subsection (a), the proposal states that “[t]he flame spread index of a fire-retardant 

coating shall be determined by ASTM E84-07, Standard Test Method for Surface Burning 
36

Characteristics of Building Materials (see Section 223.307, Fire Resistive Coating) or an 

equivalent method approved by the CARB.” Prop. at 66 (proposed Section 223.370(a)); see

Prop., Att. B(f)(8) (ASTM E84-07 Standard Test Method for Surface Burning Characteristics of 

Building Materials, approved 2007). In its third errata sheet, the Agency proposed to amend this 

provision to refer to Method E84-07, making it consistent with the method incorporated by 

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

In subsection (b), the proposal states that “[t]he fire-resistance rating of a fire-resistive 

coating shall be determined by ASTM E119-05a, Standard Test Methods for Fire Tests of 

Building Construction Materials (see Section 223.307, Fire-Resistive Coating) or an equivalent 

method approved by the CARB.” Prop. at 66 (proposed Section 223.370(b)); see Prop., Att. 

B(f)(1) (ASTM E119-05a, Standard Test Methods for Fire Tests of Building Construction and 

Materials).

In subsection (c), the proposal states that “[t]he gloss of a coating shall be determined by 

ASTM D 523-89 (1999) Standard Test Method for Specular Gloss (see Section 223.307, Flat 

Coating, Non-Flat Coating, Non-Flat – High-Glass Coating, and Quick Dry Enamel) or an 

equivalent method approved by the CARB.” Prop. at 66 (proposed Section 223.370(c)); see

Prop., Att. B(f)(2) (ASTM D 523-89, Standard Test Method for Specular Gloss (Reapproved 

1999).

In subsection (d), the proposal states that “[t]he metallic content of a coating shall be 

determined by SCAQMD Method 318-95, Determination of Weight Percent Elemental Metal in 

Coating by X-Ray Diffraction, SCAQMD Laboratory Methods for Analysis of Enforcement 

Samples (see Section 223.207, Metallic Pigmented Coating).” Prop. at 66 (proposed Section 

223.370(d)); see Prop., Att. B(i) (SCAQMD Method 318-95, Determination of Weight Percent 

Elemental Metal in Coating by X-Ray Diffraction, approved August 10, 1998).

In subsection (e), the proposal states that “[t]he acid content of a coating shall be 

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

Chemical Intermediates Used in Paint, Varnish, Lacquer and Related Products (see Section 

223.307, Pre-Treatment Wash Primer) or an equivalent method approved by the CARB.” Prop. 

at 66 (proposed Section 223.370(e)); see Prop., Att. B(f)(7) (ASTM Designation D 1613-03, 

‘Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in 

Paint, Varnish, Lacquer and Related Products). At the second hearing, the hearing officer noted 

that this subsection and Section 223.120 appeared to refer to different editions of this test 

method. Tr.2 at 58-59. In it third errata sheet, the Agency proposed to amend this subsection to 

refer to ASTM D1613-03. Errata 3 at 10-11 (§12).

In subsection (f), the proposal states that

[t]he set-to-touch, dry-hard, dry-to-touch, and dry-to-recoat times of a coating 

shall be determined by ASTM D1640-03, Standard Methods for Drying, Curing, 

or Film Formation of Organic Coatings at Room Temperature (see Section 

223.307, Quick-Dry Enamel and Quick-Dry Primer, Sealer, and Undercoater). 

The tack free time of a quick-dry enamel coating shall be determined by the 
37

Mechanical Test Method of ASTM D1640-03 or an equivalent method approved 

by the CARB. Prop. at 66 (proposed Section 223.370(f)); see Prop., Att. B(f)(3) 

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

Formation of Organic Coatings at Room Temperature, approved December 1, 

2003).

At the second hearing, the hearing officer noted that this subsection and specific definitions 

appeared to refer to different editions of this test method. Tr.2 at 59. In it third errata sheet, the 

Agency proposed to amend this subsection to refer to ASTM D1640-03. Errata 3 at 11 (§12).

In subsection (g), the proposal states that “[t]he chalkiness of a surface shall be 

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

Chalking of Exterior Paint Films (see Section 223.307, Specialty Primer, Sealer, and 

Undercoater) or an equivalent method approved by the CARB.” Prop. at 66 (proposed Section 

223.370(g)); see Prop., Att. B (ASTM Designation D 4214-98, Standard Test Methods for 

Evaluating the Degree of Chalking of Exterior Paint Films).

In subsection (h), the proposal states that

[e]xempt compounds that are cyclic, branched, or linear, completely methylated 

siloxanes shall be analyzed as exempt compounds for compliance with Section 

223.340 by BAAQMD Method 43, Determination of Volatile Methylsiloxanes in 

Solvent-Based Coatings, Inks, and Related Materials, BAAQMD Manual of 

Procedures, Volume III (see Section 223.307 VOM content and subsection 

223.340(b)). Prop. at 66-67 (proposed Section 223.370(h)); see Prop., Att. B(j) 

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

Determination of Volatile Methylsiloxanes in Solvent-Based Coatings, Inks, and 

Related Materials, amended May 18, 2005).

At the second hearing, the hearing officer noted that the proposed subsection refers to a 

definition of “volatile organic material” in a section in which it is not defined. Tr.2 at 59. In its 

third errata sheet, the Agency proposed to amend the reference to a definition of “VOM 

content.” Errata 3 at 11 (§12).

In subsection (i), the proposal states that

“[t]he exempt compound parachlorobenzotrifluoride shall be analyzed as an 

exempt compound for compliance with Section 223.400 by BAAQMD Method 

41, Determination of Volatile Organic Compounds in Solvent-Based Coatings and 

Related Materials Containing Parachlorobenzotrifluoride, BAAQMD Manual of 

Procedures, Volume III (see Section 223.307 VOM content, and Section 

223.340(b)). Prop. at 67 (proposed Section 223.370(i)); see Prop., Att. B(k) 

(BAAQMD Method 41, Determination of Volatile Organic Compounds in 

Solvent-Based Coatings and Related Materials Containing 

Parachlorobenzotrifluoride, amended May 18, 2005).
38

In the third errata sheet, the Agency proposed to amend a reference to a nonexistent definition of 

“Volatile Organic Material” to a reference to a definition of “VOM content.” Id.

In subsection (j), the proposal states that “[t]he content of compounds exempt under 

USEPA Method 24 shall be analyzed by SCAQMD Method 303-91, Determination of Exempt 

Compounds, SCAQMD Laboratory Methods of Analysis for Enforcement Samples, (see Section 

223.307 VOM content, and Section 223.340(b).” Prop. at 67 (proposed Section 223.370(j); see

Prop., Att. B(h) SCAQMD Method 303-91, Determination of Exempt Compounds, revised 

February 1993).

In subsection (k), the proposal states that “[t]he VOM content of a coating shall be 

determined by USEPA Method 24 as it exists in Appendix A of 40 CFR 60, Determination of 

Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface 

Coating, (see Section 223.340(b)) or an equivalent method approved by the CARB.” Prop. at 67 

(proposed Section 223.370(k); see Prop., Att.B(c) (40 C.F.R. 60, Appendix A, Method 24, 

Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight 

Solids of Surface Coatings (July 1, 2006)).

In subsection (l), the proposal states that “[t]he VOM content of coatings may be 

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

Organic Compounds(VOC) in Various Materials, SCAQMD Laboratory Methods of Analysis 

for Enforcement Samples, (see Section 223.340(b)). Prop. at 67 (proposed Section 223.370(l); 

see Prop., Att. B(c) (Method 24), B(g) (Method 304-91).

In subsection (m), the proposal states that

[t]he VOM content of methacrylate multicomponent coatings used as traffic 

marking coatings shall be analyzed by the procedures in 40 CFR 59, subpart D, 

appendix A, Determination of Volatile Matter Content of Methacrylate 

Multicomponent Coatings Used as Traffic Marking Coatings, (see Section 

223.260), or an equivalent method approved by the CARB.” Prop. at 67 

(proposed Section 223.370(m); see Prop., Att. B(a) (40 CFR 59, Subpart D, 

Appendix A, Determination of Volatile Matter Content of Methacrylate 

Multicomponent Coatings Used as Traffic Marking Coatings, 64 Fed. Reg. 35001 

(June 30, 1999).

TECHNICAL FEASIBILITY AND ECONOMIC REASONABLENESS

Although the Board requested that DCEO conduct an economic impact study on this 

rulemaking proposal (see 415 ILCS 5/27(b)(1) (2006), the Board to date has received no response to 

that request. At the second hearing, the Board received no testimony or comment regarding the 

absence of any response to the request. See Tr.2 at 62-63. As it did in its first-notice opinion and 

order, the Board finds the proposed regulations technically feasible and economically reasonable.

CONCLUSION
39

The Board proposes for second notice amendments to its air pollution regulations. The 

proposed amendments intend to reduce VOM emissions from consumer products and AIM 

products. With the exception of extending the implementation date to July 1, 2009, these 

proposed amendments are substantively unchanged from those proposed in the Board’s firstnotice opinion and order adopted October 16, 2008.

ORDER

The Board directs the Clerk to file the following proposed amendments with the Joint 

Committee on Administrative Rules for second-notice review. Proposed additions are 

underlined, and proposed deletions appear stricken.

TITLE 35: ENVIRONMENTAL PROTECTION

SUBTITLE B: AIR POLLUTION

CHAPTER I: POLLUTION CONTROL BOARD

SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS 

FOR STATIONARY SOURCES

PART 223

STANDARDS AND LIMITATIONS FOR ORGANIC MATERIAL EMISSIONS FOR AREA 

SOURCES

SUBPART A: GENERAL PROVISIONS

Section

223.100 Severability

223.105 Abbreviations and Acronyms

223.120 Incorporations by Reference

SUBPART B: CONSUMER AND COMMERCIAL PRODUCTS

Section

223.200 Purpose

223.201 Applicability

223.203 Definitions for Subpart B

223.205 Standards

223.206 Diluted Products

223.207 Products Registered under FIFRA

223.208 Requirements for Aerosol Adhesives

223.209 Requirements for Floor Wax Strippers

223.210 Products Containing Ozone-Depleting Compounds

223.220 Requirements for Charcoal Lighter Material 

223.230 Exemptions

223.240 Innovative Product Exemption

223.245 Alternative Compliance Plans

223.250 Product Dating 
40

223.255 Additional Product Dating Requirements

223.260 Most Restrictive Limit 

223.265 Additional Labeling Requirements for Aerosol Adhesives, Adhesive Removers,

Electronic Cleaners, Electrical Cleaners, Energized Electrical Cleaners, and 

ContactAdhesives

223.270 Reporting Requirements

223.275 Special Recordkeeping Requirements for Consumer Products that Contain 

Perchloroethylene or Methylene Chloride 

223.280 Calculating Illinois Sales 

223.285 Test Methods

SUBPART C: ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS

Section

223.300 Purpose

223.305 Applicability

223.307 Definitions for Subpart C

223.310 Standards

223.320 Container Labeling Requirements

223.330 Reporting Requirements

223.340 Compliance Provisions and Test Methods

223.350 Alternative Test Methods

223.360 Methacrylate Traffic Coating Markings

223.370 Test Methods

AUTHORITY: Implementing Section 10 and authorized by Sections 27 and 28 of the 

Environmental Protection Act [415 ILCS 5/10, 27 and 28].

SOURCE: Adopted in R08-17 at 33 Ill. Reg. ___, effective __________

SUBPART A: GENERAL PROVISIONS

Section 223.100 Severability

If any Section, subsection, or clause of this Part is found invalid, such finding shall not

affect the validity of this Part as a whole or any Section, subsection, or clause not found invalid.

Section 223.105 Abbreviations and Acronyms

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

same as those found in 35 Ill. Adm. Code 211. The following abbreviations and

acronyms are used in this Part:

ACP Alternative Control Plan

Act Environmental Protection Act [415 ILCS 5]

Agency Illinois Environmental Protection Agency
41

ASTM American Society for Testing and Materials

BAAQMD Bay Area Air Quality Management District

CARB California Air Resources Board o

C Degrees Celsius

CFCs Chlorofluorocarbons 

CO2 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 Volatility Organic Material

HCFCs Hydrochlorofluorocarbons

HFCs Hydrofluorocarbons

LVP-VOM Low Vapor Pressure-Volatile Organic Material

MVOM Medium Volatility Organic Material

N2 Nitrogen

N2O Nitrous Oxide

OER Original Equipment Manufacturer

PCBTF Parachlorobenzotrifluoride 

ROC Reactive Organic Compound

ROG Reactive Organic Gas

SCAQMD South Coast Air Quality Management District

USEPA United States Environmental Protection Agency

VOM Volatile Organic Material

Section 223.120 Incorporations by Reference

The following materials are incorporated by reference. These incorporations do not include any 

later amendments or editions. 

a) 40 CFR 59, subpart D, appendix A, Determination of Volatile Matter Content of 

Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings, 64 

Fed. Reg. 35002 (June 30, 1999).

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

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

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

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

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

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

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

Reg. 2859 (January 21, 2003).
42

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

1996).

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

PA 19428-2959.

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

Construction and Materials, approved November 1, 2005.

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

approved May 10, 1999.

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

Formation of Organic Coatings at Room Temperature, approved 

December 1, 2003.

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

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

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

in Light-Water Nuclear Power Plants, approved 2002.

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

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

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

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

Products, approved October 1, 2003.

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

of Building Materials, approved 2007.

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

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

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

Chromatography, reapproved 2006.

11) ASTM E2167-01, Standard Guide for Selection and Use of Stone 

Consolidants (see section 4, Stone Consolidant), approved 2001.

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

Wearing Course, approved 2006.

13) ASTM D86-07b, Standard Test Method for Distillation of Petroleum 
43

Products at Atmospheric Pressure, approved 2007.

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

CA 91765.

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

91, Determination of Volatile Organic Compounds in Various Materials, 

revised February 1996.

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

February 1993.

3) SCAQMD Method 318-95, Determination of Weight Percent Elemental 

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

4) SCAQMD Rule 1174, Ignition Method Compliance Certification Protocol 

(adopted October 5, 1990).

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

CA 94109.

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

Determination of Volatile Methylsiloxanes in Solvent-Based Coatings, 

Inks, and Related Materials, proposed amendment February 4, 2004. 

2) BAAQMD Method 41, Determination of Volatile Organic Compounds in 

Solvent-Based Coatings and Related Materials Containing 

Parachlorobenzotrifluoride, proposed amendment February 4, 2004.

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

Organic Compounds in Consumer Products and Reactive Organic Compounds in 

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

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

j) SCAQMD Rule 1174, Ignition Method Compliance Certification Protocol 

(adopted October 5, 1990).

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

Consumer Products (2005).

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

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

mn) 17 CCR § 94511, Innovative Products (1997).
44

no) 17 CCR § 94503.5, Innovative Products (1996).

op) 7 USC 136 to 136y, FIFRA, Environmental Pesticide Control, published January

19, 2004, in Supplement III of the 2000 Edition of the United States Code.

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

Melamine Base (1980).

SUBPART B: CONSUMER AND COMMERCIAL PRODUCTS

Section 223.200 Purpose

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

requiring reductions in the VOM content of consumer and commercial products. 

Section 223.201 Applicability

Except as provided in Section 223.230, this Subpart shall apply to any person who sells, 

supplies, offers for sale, or manufactures consumer products on or after JanuaryJuly 1, 2009, for 

use in Illinois.

Section 223.203 Definitions for Subpart B

The definitions contained in this Section apply only to the provisions of this Subpart. Unless 

otherwise defined in this Section, the definitions of terms used in this Subpart shall have the 

meanings specified for those terms in 35 Ill. Adm. Code 211.

“Adhesive” means, for purposes of this Subpart, any product that is used to bond one 

surface to another by attachment. This does not include products used on humans and 

animals, adhesive tape, contact paper, wallpaper, shelf liners, or any other product with 

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

does not include units of product, less packaging, that consist of more than one gallon. 

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

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

more than one pound and consist of more than 16 fluid ounces. This limitation does not 

apply to aerosol adhesives.

“Adhesive Remover” means a product designed to remove adhesive from either a specific 

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

remove adhesives intended exclusively for use on humans or animals.

For the purpose of this definition and the “Adhesive Remover” subcategories 

listed in this definition, the term “Adhesive" shall mean a substance used to bond 

one or more materials. Adhesive includes, but is not limited to, caulks, sealants, 

glues, or similar substances used for the purpose of forming a bond.
45

“Floor and Wall Covering Adhesive Remover” means a product designed or 

labeled to remove floor or wall coverings and associated adhesive from the 

underlying substrate.

“Gasket or Thread Locking Adhesive Remover” means a product designed or 

labeled to remove gaskets or thread locking adhesives. Products labeled for dual 

use as a paint stripper and gasket remover and/or thread locking adhesive remover 

are considered “Gasket or Thread Locking Adhesive Remover”.

“General Purpose Adhesive Remover” means a product designed or labeled to 

remove cyanoacrylate adhesives as well as non-reactive adhesives or residue from 

a variety of substrates. “General Purpose Adhesive Remover” includes, but is not 

limited to, the following: products that remove thermoplastic adhesives, pressure 

sensitive adhesives, dextrine or starchbased adhesives, casein glues, rubber or 

latex-based adhesives, and products that remove stickers, decals, stencils, or 

similar materials. “General Purpose Adhesive Remover” does not include “Floor 

or Wall Covering Adhesive Remover”.

“Specialty Adhesive Remover” means a product designed to remove reactive 

adhesives from a variety of substrates. Reactive adhesives include adhesives that 

require a hardener or catalyst in order for the bond to occur. Examples of reactive 

adhesives include, but are not limited to epoxies, urethanes, and silicones. 

“Specialty Adhesive Remover” does not include “Gasket or Thread Locking 

Adhesive Remover.”.

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

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

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

spray adhesives”, “mist spray adhesives” and “web spray adhesives.” 

“Aerosol Cooking Spray” means any aerosol product designed either to reduce sticking 

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

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

by means of a propellant contained in a product or a product's container, or by means of a

mechanically induced force. “Aerosol Product” does not include “Pump Spray”.

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

pests in connection with the commercial production, storage, or processing of any animal 

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

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

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

“Home Use” means use in a household or its immediate environment; 
46

“Structural Pest Control” means a use requiring a license under the Structural Pest 

Control Act [225 ILCS 235];

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

or use in the operation of factories, processing plants, and similar sites; or

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

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

office complexes.

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

powders, and crystals, designed for the purpose of masking odors, or freshening, 

cleaning, scenting, or deodorizing the air. “Air Freshener” does not include products that 

are used on the human body, products that function primarily as cleaning products as 

indicated on a product label, “Toilet/Urinal Care Products”, disinfectant products 

claiming to deodorize by killing germs on surfaces, or institutional and industrial 

disinfectants when offered for sale solely through institutional and industrial channels of 

distribution. “Air Freshener” does include spray disinfectants and other products that are 

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

disinfectants when offered for sale through institutional and industrial channels of 

distribution. To determine whether a product is an air freshener, all verbal and visual 

representations regarding product use on the label or packaging and in the product's 

literature and advertising may be considered. The presence of, and representations about, 

a product's fragrance and ability to deodorize (resulting from surface application) shall 

not constitute a claim of air freshening. 

“All Other Carbon-containing Compounds” means all other compounds that contain at 

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

“All Other Forms” means all consumer product forms for that no form-specific VOM 

standard is specified. Unless specified otherwise by the applicable VOM standard, “All 

Other Forms” include, but is not limited to, solids, liquids, wicks, powders, crystals, and 

cloth or paper wipes (towelettes).

“Alternative Control Plan” or “ACP” means any emissions averaging program approved 

by the Agency pursuant to the provisions of this Subpart.

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

designed to reduce the level of microorganisms on the skin through germicidal activity. 

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

foodhandler hand washes, healthcare personnel hand washes, pre-operative skin 

preparations and surgical scrubs. “Antimicrobial Hand or Body Cleaner or Soap” does 

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

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

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

“Medicated Astringent/Medicated Toner”, or “Rubbing Alcohol”.
47

“Antiperspirant” means any product, including, but not limited to, aerosols, roll-ons, 

sticks, pumps, pads, creams, and squeeze-bottles, that is intended by the manufacturer to 

be used to reduce perspiration in the human axilla by at least 20 percent in at least 50 

percent of a target population.

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

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

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

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

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

installation, whether installed or detached, including, but not limited to, bathroom and 

kitchen fixtures, cabinets, concrete forms, doors, elevators, fences, hand railings, heating 

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

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

downspouts, stairways, fixed ladders, catwalks and fire escapes, and window screens.

“Architectural Coating” means, for purposes of this Subpart, a coating to be applied to 

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

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

or to non-stationary structures such as airplanes, ships, boats, railcars, and automobiles, 

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

Subpart.

“Astringent/Toner” means any product not regulated as a drug by the United States Food 

and Drug Administration (FDA) that is applied to the skin for the purpose of cleaning or 

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

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

“Medicated Astringent/Medicated Toner”, cold cream, lotion, or antiperspirant.

“Automotive Brake Cleaner” means a cleaning product designed to remove oil, grease, 

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

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

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

temperature, and contains 0% water by formulation.

“Automotive Instant Detailer” means a product designed for use in a pump spray that is 

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

allowed to dry.

“Automotive Rubbing or Polishing Compound” means a product designed primarily to 

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

surfaces of motor vehicles without leaving a protective barrier.
48

“Automotive Wax, Polish, Sealant, or Glaze” means a product designed to seal out 

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

includes, but is not limited to, products designed for use in autobody repair shops and 

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

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

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

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

“Automotive Windshield Washer Fluid” means any liquid designed for use in a motor 

vehicle windshield washer system either as an antifreeze or for the purpose of cleaning, 

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

manufacturer in a new vehicle.

“Bathroom and Tile Cleaner” means a product designed to clean tile or surfaces in 

bathrooms. The term does not include products designed primarily to clean toilet bowls, 

toilet tanks or urinals.

“Bug and Tar Remover” means a product labeled to remove either or both of the 

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

biological-type residues such as insect carcasses, tree sap and road grime such as road tar, 

roadway paint markings, and asphalt.

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

fuel deposits, dirt, or other contaminants from a carburetor, choke, throttle body of a fuelinjection system, or associated linkages, excluding products designed exclusively to be 

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

carburetor or fuel injectors.

“Carpet and Upholstery Cleaner” means a cleaning product designed for the purpose of 

eliminating dirt and stains on rugs, carpeting, and the interior of motor vehicles and/or on 

household furniture or objects upholstered or covered with fabrics such as wool, cotton, 

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

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

Removers”, vinyl or leather cleaners, dry cleaning fluids, or products designed 

exclusively for use at industrial facilities engaged in furniture or carpet manufacturing.

“Charcoal Lighter Material” means any combustible material designed to be applied on, 

incorporated in, added to, or used with charcoal to enhance ignition. The term does not 

include any of the following: electrical starters and probes, metallic cylinders using paper 

tinder, natural gas, propane, and fat wood.

“Colorant” means, for purposes of this Subpart, any pigment or coloring material used in 

a consumer product for an aesthetic effect or to dramatize an ingredient.

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

that is designed exclusively for the installation, remodeling, maintenance, or repair of 
49

structural and building components that include, but are not limited to, beams, trusses, 

studs, paneling (including, but not limited to, drywall or drywall laminates, fiberglass 

reinforced plastic (FRP), plywood, particle board, insulation board, pre-decorated 

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

countertop laminates, cove or wall bases, flooring or subflooring, or floor or wall 

coverings (including, but not limited to, wood or simulated wood covering, carpet, carpet 

pad or cushion, vinyl-backed carpet, flexible flooring material, nonresilient flooring 

material, mirror tiles and other types of tiles, and artificial grass). The term does not 

include “Floor Seam Sealer”.

“Consumer” means any person who purchases or acquires any consumer product for 

personal, family, household, or institutional use. Persons acquiring a consumer product 

for resale are not “consumers” for that product.

“Consumer Product” means a chemically formulated product used by household and 

institutional consumers including, but not limited to, detergents, cleaning compounds, 

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

products, disinfectants, sanitizers, aerosol paints, and automotive specialty products. 

“Consumer Product” does not include other paint products, furniture coatings, or 

architectural coatings. As used in this Subpart, “Consumer Product” shall also refer to 

“Aerosol Adhesive”, including “Aerosol Adhesive” used for consumer, industrial or 

commercial uses.

“Contact Adhesive” means an adhesive that is designed for application to both surfaces to 

be bonded together, and is allowed to dry before the two surfaces are placed in contact 

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

reposition after both adhesive-coated surfaces are placed in contact with each other, and 

does not need sustained pressure or clamping of surfaces after the adhesive-coated 

surfaces have been brought together using sufficient momentary pressure to establish full 

contact between both surfaces. The term does not include rubber cements that are 

primarily intended for use on paper substrates. “Contact Adhesive” also does not include 

vulcanizing fluids that are designed and labeled for tire repair only.

“Contact Adhesive - General Purpose” means any contact adhesive that is not a “Contact 

Adhesive - Special Purpose".

“Contact Adhesive - Special Purpose” means a contact adhesive that is used to bond 

melamine-covered board, unprimed metal, unsupported vinyl, Teflon, ultra-high 

molecular weight polyethylene, rubber, or high pressure laminate or wood veneer 1/16 

inch or less in thickness to any porous or nonporous surface, and is sold in units of 

product, less packaging, that contain more than eight fluid ounces, or is used in 

automotive applications that are either automotive under the hood applications requiring 

heat, oil or gasoline resistance or body-side molding, automotive weatherstrip or 

decorative trim.
50

“Container/Packaging” means the part or parts of the consumer or institutional product 

that serve only to contain, enclose, incorporate, deliver, dispense, wrap or store the 

chemically formulated substance or mixture of substances that is solely responsible for 

accomplishing the purposes for which the product was designed or intended. This 

includes any article onto or into which the principal display panel and other 

accompanying literature or graphics are incorporated, etched, printed or attached.

“Crawling Bug Insecticide” means any insecticide product that is designed for use against 

ants, cockroaches, or other household crawling arthropods, including, but not limited to, 

mites, silverfish or spiders, excluding products designed to be used exclusively on 

humans or animals, or any house dust mite product. For the purposes of this definition 

only:

“House dust mite product” means a product whose label, packaging, or 

accompanying literature states that the product is suitable for use against house 

dust mites, but does not indicate that the product is suitable for use against ants, 

cockroaches, or other household crawling arthropods.

“House dust mite” means mites that feed primarily on skin cells shed in the home 

by humans and pets and which belong to the phylum Arthropoda, the subphylum 

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

family Pyroglyphidae.

“Date-Code” means the day, month and year on which the consumer product was 

manufactured, filled, or packaged, or a code indicating that date.

“Deodorant” means:

For products manufactured before JanuaryJuly 1, 2009: any product including, 

but not limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeezebottles that is intended by the manufacturer to be used to minimize odor in the 

human axilla by retarding the growth of bacteria that cause the decomposition of 

perspiration.

For products manufactured on or after JanuaryJuly 1, 2009: any product 

including, but not limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and 

squeeze-bottles, that indicates or depicts on the container or packaging, or on any 

sticker or label affixed to the container or packaging, that the product can be used 

on or applied to the human axilla to provide a scent and/or minimize odor. A 

“Deodorant Body Spray” product that indicates or depicts on the container or 

packaging, or on any sticker or label affixed to the container or packaging to the 

container or packaging that it can be used on or applied to the human axilla, is a 

“Deodorant”.

“Deodorant Body Spray” means:
51

For products manufactured before JanuaryJuly 1, 2009: a “Personal Fragrance 

Product” with 20 percent or less fragrance.

For products manufactured on or after JanuaryJuly 1, 2009: a “Personal 

Fragrance Product” with 20 percent or less fragrance that is designed for 

application all over the human body to provide a scent. A “Deodorant Body 

Spray” product that indicates or depicts on the container or packaging, or on any 

sticker or label affixed to the container or packaging, that it can be used on or 

applied to the human axilla, is a “Deodorant” 

“Device” means any instrument or contrivance (other than a firearm) designed for 

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

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

or in living man or other living animals), but not including equipment used for the 

application of pesticides when sold separately from the device.

“Disinfectant” means any product intended to destroy or irreversibly inactivate infectious 

or other undesirable bacteria, pathogenic fungi, or viruses on surfaces or inanimate 

objects and whose label is registered under the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA, 7 USC 136 et seq.). “Disinfectant” does not include any of the 

following products designed solely for use on humans or animals, products designed for 

agricultural use, products designed solely for use in swimming pools, therapeutic tubs, or 

hot tubs, products that, as indicated on the principal display panel or label, are designed 

primarily for use as bathroom and tile cleaners, glass cleaners, general purpose cleaners, 

toilet bowl cleaners, or metal polishes.

“Double Phase Aerosol Air Freshener” means an aerosol air freshener with the liquid 

contents in two or more distinct phases that require the product container to be shaken 

before use to mix the phases, producing an emulsion.

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

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

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

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

at the customer’s residence or work place. The term does not include “Spot Remover” or 

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

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

products as specified by the Joint Industry Fabric Standards Committee. 

“Dusting Aid” means a product designed to assist in removing dust and other soils from 

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

not include “Pressurized Gas Duster”.

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

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

armatures, relays, electric panels, or generators. The term does not include “General 
52

Purpose Cleaner”, “General Purpose Degreaser”, “Dusting Aid”, “Electronic Cleaner”, 

“Energized Electrical Cleaner”, “Pressurized Gas Duster”, “Engine Degreaser”, “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) players, digital video disc (DVD) players, and 

computers. “Electronic Cleaner” does not include “General Purpose Cleaner”, “General 

Purpose Degreaser”, “Dusting Aid”, “Pressurized Gas Duster”, “Engine Degreaser”, 

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

designed to clean the casings or housings of electronic equipment.

“Energized Electrical Cleaner” means a product that meets both of the following criteria:

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

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

when there is a residual electrical potential from a component, such as a capacitor.

The product label clearly displays the statements: “Energized equipment use only. 

Not to be used for motorized vehicle maintenance, or their parts.”

This does not include “Electronic Cleaner”.

“Engine Degreaser" means a cleaning product designed to remove grease, grime, oil and 

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

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

supplied, manufactured, or offered for sale in Illinois prior to JanuaryJuly 1, 2009, or any 

subsequently introduced identical formulation.

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

the surface from soiling from dirt and other impurities or to reduce absorption of liquid 

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

use solely on leather, or products designed for use solely on fabrics labeled “dry clean 

only” and sold in containers of 10 fluid ounces or less.

“Fabric Refresher” means a product labeled to neutralize or eliminate odors on nonlaundered fabric including, but not limited to, soft household surfaces, rugs, carpeting, 

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

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

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

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

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

application to both fabric and human skin. 
53

For the purposes of this definition only, “Soft Household Surface Sanitizer” 

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

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

Fungicide, and Rodenticide Act (FIFRA, 7 USC 136 et seq.).

“Facial Cleaner or Soap” means a cleaner or soap designed primarily to clean the face 

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

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

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

or Body Cleaner or Soap”, “Medicated Astringent/Medicated Toner”, or “Rubbing 

Alcohol.”

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

resin that enhance ignition of the kindling, excluding any kindling with substances added 

to enhance flammability, such as wax-covered or wax-impregnated wood-based products.

“Faux Finishing Coating” means a coating labeled and formulated as a stain or a glaze to 

create artistic effects including, but not limited to, dirt, old age, smoke damage, and 

simulated marble and wood grain.

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

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

designed to be used exclusively on humans or animals and their bedding.

“Flexible Flooring Material” means asphalt, cork, linoleum, no-wax, rubber, seamless 

vinyl and vinyl composite flooring.

“Floor Coating” means an opaque coating that is labeled and formulated for application 

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

surfaces that may be subjected to foot traffic.

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

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

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

designed solely for the purpose of cleaning floors, floor finish strippers, products 

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

regulations.

“Floor Seam Sealer” means any product designed and labeled exclusively for bonding, 

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

flooring.

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

polishes or waxes through breakdown of the polish or wax polymers, or by dissolving or 
54

emulsifying the polish or wax. This does not include aerosol floor wax strippers or 

products designed to remove floor wax solely through abrasion.

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

flying insects or other flying arthropods, including but not limited to flies, mosquitoes, 

moths, or gnats. The term does not include “Wasp and Hornet Insecticide”, products that 

are designed to be used exclusively on humans or animals, or any moth-proofing product. 

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

whose label, packaging, or accompanying literature indicates that the product is 

designed to protect fabrics from damage by moths, but does not indicate that the 

product is suitable for use against flying insects or other flying arthropods.

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

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

modify the appearance, durability, fit, or flexibility of the footwear or leather 

article/component. Footwear includes both leather and non-leather foot apparel. 

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

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

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

sealant products with adhesive properties used to create external protective layers greater 

than two millimeters thick.

“Fragrance” means a substance or complex mixture of aroma chemicals, natural essential 

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

two mm of Hg at 20o

C, the sole purpose of which is to impart an odor or scent, or to 

counteract a malodor.

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

designed for the purpose of polishing, protecting or enhancing finished wood surfaces 

other than floors. The term does not include “Dusting Aids”, “Wood Cleaners”, products 

designed solely for the purpose of cleaning, and products designed to leave a permanent 

finish such as stains, sanding sealers and lacquers.

“Furniture Coating” means any paint designed for application to room furnishings 

including, but not limited to, cabinets (kitchen, bath and vanity), tables, chairs, beds, and 

sofas.

“Gel” means a colloid in which the disperse phase has combined with the continuous 

phase to produce a semisolid material, such as jelly.

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

variety of substrates. The term does not include contact adhesives, construction, panel, 

and floor covering adhesives, adhesives designed exclusively for application on one 

specific category of substrates (i.e., substrates that are composed of similar materials, 

such as different types of metals, paper products, ceramics, plastics, rubbers, or vinyls), 
55

or adhesives designed exclusively for use on one specific category of articles (i.e., articles 

that may be composed of different materials but perform a specific function, such as 

gaskets, automotive trim, weather-stripping, or carpets).

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

contrast to cleaning products designed to clean specific substrates in certain situations. 

This includes products designed for general floor cleaning, kitchen or countertop 

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

include “General Purpose Degreasers” and “Electronic Cleaners”.

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

grime, oil and other oil-based contaminants from a variety of substrates, including 

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

“General Purpose Cleaner”, “Adhesive Remover”, “Electronic Cleaner”, “Electrical 

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

exclusively in “Solvent Cleaning Tanks or Related Equipment”, or products that are sold 

exclusively to establishments that manufacture or construct goods or commodities, and 

labeled “not for retail sale”.

“Solvent Cleaning Tanks or Related Equipment” includes, but is not limited to, 

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

or products designed to clean miscellaneous metallic parts by immersion in a 

container. 

“General-Use Hand or Body Cleaner or Soap” means a cleaner or soap designed to be 

used routinely on the skin to clean or remove typical or common dirt and soils, including, 

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

bath gels, and moisturizing cleaners or soaps. The term does not include prescription 

drug products, “Antimicrobial Hand or Body Cleaner or Soap”, “Astringent/Toner”, 

“Facial Cleaner or Soap”, “Hand Dishwashing Detergent” (including antimicrobial), 

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

“Rubbing Alcohol.”

“Glass Cleaner” means a cleaning product designed primarily for cleaning surfaces made 

of glass. The term does not include products designed solely for the purpose of cleaning 

optical materials used in eyeglasses, photographic equipment, scientific equipment and 

photocopying machines.

“Graffiti Remover” means a product labeled to remove spray paint, ink, marker, crayon, 

lipstick, nail polish, or shoe polish from a variety of non-cloth or nonfabric substrates. 

The term does not include “Paint Remover or Stripper”, “Nail Polish Remover”, or “Spot 

Remover”. Products labeled for dual use as both a paint stripper and graffiti remover are 

considered “Graffiti Removers.”

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

provide limited holding power.
56

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

when applied to the hair. This includes, but is not limited to, dual-use products designed 

primarily to impart a sheen to the hair. The term does not include “Hair Spray”, “Hair 

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

is to condition or hold the hair.

“Hair Spray” means:

For products manufactured before JanuaryJuly 1, 2009: a consumer product 

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

hair coiffure that will impart sufficient rigidity to the coiffure to establish or retain 

the style for a period of time.

For products manufactured on or after JanuaryJuly 1, 2009: a consumer product 

that is applied to styled hair and is designed or labeled to provide sufficient 

rigidity to hold, retain and/or finish the style of the hair for a period of time. This 

includes aerosol hair sprays, pump hair sprays, spray waxes; color, glitter, or 

sparkle hairsprays that make finishing claims; and products that are both a styling 

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

aid in styling but do not provide finishing of a hairstyle. For the purposes of this 

Subpart, “finish” or “finishing” means the maintaining and/or holding of 

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

“styling” means forming, sculpting, or manipulating the hair to temporarily alter 

the hair's shape.

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

that is a high viscosity, often gelatinous, product that contains a resin and is designed for 

application to hair to aid in styling and sculpting of the hair coiffure.

“Hair Styling Product” means a consumer product manufactured on or after JanuaryJuly

1, 2009 that is designed or labeled for application to wet, damp or dry hair to aid in 

defining, shaping, lifting, styling and/or sculpting of the hair. This includes, but is not 

limited to, hair balm, clay, cream, creme, curl straightener, gel, liquid, lotion, paste, 

pomade, putty, root lifter, serum, spray gel, stick, temporary hair straightener, wax, spray 

products that aid in styling but do not provide finishing of a hairstyle, and leave-in 

volumizers, detanglers and/or conditioners that make styling claims. This does not 

include “Hair Mousse”, “Hair Shine”, “Hair Spray”, or shampoos and/or conditioners that 

are rinsed from the hair prior to styling. For the purposes of this Subpart, “finish” or 

“finishing” means the maintaining and/or holding of previously styled hair for a period of 

time. For the purposes of this Subpart, “styling” means forming, sculpting, or 

manipulating the hair to temporarily alter the hair's shape.

“Heavy-Duty Hand Cleaner or Soap” means a product designed to clean or remove 

difficult dirt and soils such as oil, grease, grime, tar, shellac, putty, printer’s ink, paint, 

graphite, cement, carbon, asphalt, or adhesives from the hand with or without the use of 
57

water. The term does not include prescription drug products, “Antimicrobial Hand or 

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

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

Alcohol.”

“Herbicide” means a pesticide product designed to kill or retard a plant’s growth, but 

excludes products that are for agricultural use, or restricted materials that require a permit 

for use and possession.

“High Volatility Organic Material” or “HVOM” or “High Volatility Organic Compound”

means any volatile organic material or volatile organic compound that exerts a vapor 

pressure greater than 80 millimeters of Mercury (mm Hg) when measured at 20oC.

“Household Product” means any consumer product that is primarily designed to be used 

inside or outside of living quarters or residences that are occupied or intended for 

occupation by individuals, including the immediate surroundings.

“Illinois Sales" means the sales (net pounds of product, less packaging and container, per 

year) in Illinois for either the calendar year immediately prior to the year that the 

registration is due or, if that data is not available, any consecutive 12 month period 

commencing no earlier than two years prior to the due date of the registration. If direct 

sales data for Illinois is not available, sales may be estimated by prorating national or 

regional sales data by population.

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

in the operation of factories, processing plants, and similar sites. 

“Insecticide” means a pesticide product that is designed for use against insects or other 

arthropods, but excluding products that are for agricultural use or for a use that requires a 

structural pest control license under the Structural Pest Control Act [225 ILCS 235], or 

restricted materials that require a permit for use and possession.

“Insecticide Fogger” means any insecticide product designed to release all or most of its 

content, as a fog or mist, into indoor areas during a single application.

“Institutional Product” or “Industrial and Institutional (I&I) Product” means a consumer 

product that is designed for use in the maintenance or operation of an establishment that 

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

or is engaged in the nonprofit promotion of a particular public, educational, or charitable 

cause. “Establishments” include, but are not limited to, government agencies, factories, 

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

parts centers, health clubs, theaters, or transportation companies. This does not include 

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

manufacture or construction of the goods or commodities at the site of the establishment.
58

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

blown into, formed into, molded into, embossed on, or appearing upon any consumer 

product or consumer product package, for purposes of branding, identifying, or giving 

information with respect to the product or to the contents of the package.

“Lacquer” means, for purposes of this Subpart, a clear or opaque wood coating, including 

clear lacquer sanding sealers, formulated with cellulosic or synthetic resins to dry by 

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

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

laundering and that supplements and contributes to the effectiveness of laundry 

detergents and/or provides specialized performance.

“Laundry Starch Product” means a product that is designed for application to a fabric, 

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

act to help ease ironing of the fabric. This includes, but is not limited to, fabric finish, 

sizing, and starch.

“Lawn and Garden Insecticide” means an insecticide product labeled primarily to be used 

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

Notwithstanding the requirements of Section 223.260, aerosol “Lawn and Garden 

Insecticides” may claim to kill insects or other arthropods.

“Liquid” means a substance or mixture of substances that is capable of a visually 

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

Section 223.120, or an equivalent method approved by the California Air Resources 

Board. This does not include powders or other materials that are composed entirely of 

solid particles.

“Lubricant” means a product designed to reduce friction, heat, noise, or wear between 

moving parts, or to loosen rusted or immovable parts or mechanisms. This does not 

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

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

oils or other products designed to be added to fuels; products for use on the human body 

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

construct goods or commodities, and labeled “not for retail sale.” 

“LVP Content” means the total weight, in pounds, of LVP compounds in an ACP product 

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

container and packaging), expressed to the nearest 0.1. 

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

contains at least one carbon atom and meets one of the following:

Has a vapor pressure less than 0.1 mm Hg at 20o

C, as determined by CARB 

Method 310, incorporated by reference in Section 223.120; or
59

Is a chemical material or compound with more than 12 carbon atoms, or a 

chemical mixture comprised solely of material or a compound with more than 12 

carbon atoms as verified by formulation data, and the vapor pressure and boiling 

point are unknown; or

Is a chemical material or compound with a boiling point greater than 216oC, as 

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

or

Is the weight percent of a chemical mixture that boils above 216o C, as determined 

by CARB Method 310, incorporated by reference in Section 223.120.

For the purposes of the definition of LVP-VOM, chemical material or compound 

means a molecule of definite chemical formula and isomeric structure, and 

chemical mixture means a substrate comprised of two or more chemical materials 

or compounds.

“Medicated Astringent /Medicated Toner” means any product regulated as a drug by the 

FDA that is applied to the skin for the purpose of cleaning or tightening pores. This 

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

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

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

prescription.

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

Compound or “MVOC” means any volatile organic material or volatile organic 

compound that exerts a vapor pressure greater than two mm Hg and less than or equal to 

80 mm Hg when measured at 20o

C.

“Metal Polish /Cleanser” means any product designed primarily to improve the 

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

action. To “improve the appearance” means to remove or reduce stains, impurities, or 

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

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

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

Glaze”, wheel cleaner, “Paint Remover or Stripper”, products designed and labeled 

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

degreasing tanks.

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

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

particles that yield a generally uniform and smooth application of adhesive to the 

substrate.
60

“Multi-Purpose Dry Lubricant” means any lubricant designed and labeled to provide 

lubricity by depositing a thin film of graphite, molybdenum disulfide (moly), or 

polytetrafluoroethylene or closely related fluoropolymer (Teflon) on surfaces, and 

designed for general purpose lubrication or for use in a wide variety of applications.

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

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

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

“Multi-Purpose Solvent” means any organic liquid designed to be used for a variety of 

purposes, including cleaning or degreasing of a variety of substrates, or thinning, 

dispersing or dissolving other organic materials. This includes solvents used in 

institutional facilities, except for laboratory reagents used in analytical, educational, 

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

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

solvents that are incorporated into, or used exclusively in the manufacture or construction 

of the goods or commodities at the site of the establishment.

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

fingernails or toenails, including but not limited to lacquers, enamels, acrylics, base coats 

and top coats.

“Nail Polish Remover” means a product designed to remove nail polish and coatings 

from fingernails or toenails.

“Non-Aerosol Product” means any consumer product that is not dispensed by a 

pressurized spray system.

“Non-Carbon Containing Compound” means any compound that does not contain any 

carbon atoms.

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

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

“Non-Selective Terrestrial Herbicide” means a terrestrial herbicide product that is toxic 

to plants without regard to species.

“Oven Cleaner” means any cleaning product designed to clean and to remove dried food 

deposits from oven walls.

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

application to a substrate in a thin layer that is converted to an opaque solid film after 

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

functional purpose such as the filling or concealing of surface irregularities or the 

modification of light and heat radiation characteristics.
61

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

other related coatings, by chemical action, from a substrate without markedly affecting 

the substrate. This does not include “Multi-purpose Solvents”, paintbrush cleaners, 

products designed and labeled exclusively as “Graffiti Removers”, and hand cleaner 

products that claim to remove paints and other related coatings from skin.

“Penetrant” means a lubricant designed and labeled primarily to loosen metal parts that 

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

include “Multi-purpose Lubricants” that claim to have penetrating qualities, but are not 

labeled primarily to loosen bonded parts.

“Personal Fragrance Product” means any product that is applied to the human body or 

clothing for the primary purpose of adding a scent or masking a malodor, including 

cologne, perfume, aftershave, and toilet water. This does not include “Deodorant”,;

medicated products designed primarily to alleviate fungal or bacterial growth on feet or 

other areas of the body; mouthwashes and breath fresheners and deodorizers; lotions, 

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

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

human genitalia; soaps, shampoos, and products primarily used to clean the human body; 

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

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

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

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

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

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

Agency does not consider to be a pesticide.

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

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

in gloss level, or to cover fingerprints.

“Pressurized Gas Duster” means a pressurized product labeled to remove dust from a 

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

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

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

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

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

customary conditions of display or purchase. Whenever a principal display panel appears 

more than once, all requirements pertaining to the “Principal Display Panel” shall pertain 

to all such “Principal Display Panels.”

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

principal display panel of the product.
62

“Product Category” means the applicable category, defined in this Section and limited in 

Section 223.205(a), which best describes the product. 

“Product Form” for the purpose of complying with Section 223.270 only, means the 

applicable form that most accurately describes the product's dispensing form as follows:

A = Aerosol Product

S = Solid

P = Pump Spray

L = Liquid

SS = Semisolid

O = Other

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

same product category or categories.

“Pump Spray” means a packaging system in which the product ingredients within the 

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

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

“Responsible ACP Party” means the company, firm or establishment listed on the ACP 

product's label. If the label lists two or more companies, firms, or establishments, the 

“Responsible ACP Party” is the party the ACP product was “manufactured for” or 

“distributed by”, as noted on the label. 

“Restricted Materials” means pesticides established as restricted materials under 

applicable Illinois statutes or regulations.

“Roll-On Product” means any antiperspirant or deodorant that dispenses active 

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

“Rubber and Vinyl Protectant” means any product designed to protect, preserve or renew 

vinyl, rubber, and plastic on vehicles, tires, luggage, furniture, and household products 

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

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

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

tire.

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

isopropanol) or denatured ethanol and labeled for topical use, usually to decrease germs 

in minor cuts and scrapes, to relieve minor muscle aches, as a rubefacient, and for 

massage.

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

to prevent the corrosion of metal surfaces and labeled as specified in Section 223.320(f).
63

“Sanding Sealer” means, for purposes of this Subpart, a clear or semi-transparent wood 

coating labeled and formulated for application to bare wood to seal the wood and to 

provide a coat that can be abraded to create a smooth surface for subsequent applications 

of coatings. A “Sanding Sealer” that also meets the definition of a “Lacquer” is not 

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

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

designed to fill, seal, waterproof, or weatherproof gaps or joints between two surfaces. 

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

caulking compounds, Clear/paintable/water resistant caulking compounds, floor seam 

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

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

weigh more than one pound and consist of more than 16 fluid ounces. 

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

a compound that temporarily seals windows or doors for three to six month time 

intervals. “Clear/paintable/water resistant caulking compound” means a 

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

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

is immediately resistant to precipitation upon application.

“Semisolid” means a product that, at room temperature, will not pour, but will spread or 

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

“Shaving Cream” means an aerosol product that dispenses a foam lather intended to be 

used with a blade or cartridge razor, or other wet-shaving system, in the removal of facial 

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

“Shaving Gel” means an aerosol product which dispenses a post-foaming semisolid 

designed to be used with a blade, cartridge razor, or other shaving system in the removal 

of facial or other body hair. This does not include “Shaving Cream”.

“Silicone-Based Multi-Purpose Lubricant” means any lubricant designed and labeled to 

provide lubricity primarily through the use of silicone compounds including, but not 

limited to, polydimethylsiloxane, and designed and labeled for general purpose 

lubrication, or for use in a wide variety of applications. The term does not include 

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

“Single Phase Aerosol Air Freshener” means an aerosol air freshener with the liquid 

contents in a single homogeneous phase and that does not require that the product 

container be shaken before use.

“Solid” means a substance or mixture of substances that, either whole or subdivided 

(such as the particles comprising a powder), is not capable of visually detectable flow as 

determined under ASTM D4359-90, incorporated by reference in Section 223.120, or an 

equivalent method approved by the California Air Resources Board.
64

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

following definitions:

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

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

board, cloth, etc.) without causing discoloration to the artwork. 

“Flexible Vinyl Adhesive” means an aerosol adhesive designed to bond flexible 

vinyl to substrates. Flexible vinyl means a nonrigid polyvinyl chloride plastic 

with at least five percent, by weight, of plasticizer content. A plasticizer is a 

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

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

determined using ASTM E260-96, incorporated by reference in Section 223.120, 

or from product formulation data or an equivalent method approved by the 

CARB.

“Polystyrene Foam Adhesive” means an aerosol adhesive designed to bond 

polystyrene foam to substrates.

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

together layers in motor vehicle headliners.

“Polyolefin Adhesive” means an aerosol adhesive designed to bond polyolefins to 

substrates.

“Laminate Repair/Edgebanding Adhesive” means an aerosol adhesive designed 

for: 

The touch-up or repair of items laminated with high pressure laminates 

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

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

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

molding, and decorative metals.

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

materials that consist of paper, fabric, or other core material that have been 

laminated at temperatures exceeding 265° F, and at pressures between 

1,000 and 1,400 psi.

“Automotive Engine Compartment Adhesive” means an aerosol adhesive 

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

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

275° F.
65

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

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

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

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

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

conjunction with a floor buffing machine and special pad.

“Stick Product” means any antiperspirant or deodorant that contains active ingredients in 

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

affected area.

“Structural Waterproof Adhesive” means an adhesive whose bond lines are resistant to 

conditions of continuous immersion in fresh or salt water and that conforms with Federal 

Specification MMM-A-181D (Type 1, Grade A), incorporated by reference in Section 

223.120, and MIL-A-4605 (Type A, Grade A and Grade C), per the Federal Consumer 

Products Regulation (40 CFR 59, subpart C), incorporated by reference in Section 

223.120.

“Terrestrial” means to live on or grow from land.

“Tire Sealant and Inflation” means any pressurized product that is designed to 

temporarily inflate and seal a leaking tire.

“Toilet/Urinal Care Product” means any product designed or labeled to clean and/or to 

deodorize toilet bowls, toilet tanks, or urinals. Toilet bowls, toilet tanks, or urinals 

include, but are not limited to, toilets or urinals connected to permanent plumbing in 

buildings and other structures, portable toilets or urinals placed at temporary or remote 

locations, and toilets or urinals in vehicles such as buses, recreational motor homes, 

boats, ships, and aircraft. This does not include “Bathroom and Tile Cleaner” or 

“General Purpose Cleaner.”

“Type A Propellant” means a compressed gas, such as CO2, N2, N2O, or compressed air 

that is used as a propellant, and is either incorporated with the product or contained in a 

separate chamber within the product's packaging.

“Type B Propellant” means any halocarbon that is used as a propellantpropellent

including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and 

hydrofluorocarbons (HFCs).

“Type C Propellant” means any propellantpropellent that is not a Type A or Type B 

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

dimethyl oxide).

“Undercoating” means any aerosol product designed to impart a protective, non-paint 

layer to the undercarriage, trunk interior, and/or firewall of motor vehicles to prevent the 
66

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

mastic, or asphaltic products.

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

label, or accompanying literature that describes to the end user how and in what quantity 

the product is to be used.

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

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

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

223.285(a) and (b).

For charcoal lighter material products only,

Certified Use Rate

(Certified Emissions x 100) VOC Content=

Certified 

Emissions = The emissions level for products approved by the 

Agency under Section 223.220, as determined pursuant to 

South Coast Air Quality Management District Rule 1174,

Ignition Method Compliance Certification Protocol 

(February 27, 1991), incorporated by reference in Section 

223.120, expressed to the nearest 0.001 pound CH2 per 

start.

Certified 

Use Rate = The usage level for products approved by the Agency under 

Section 223.220, as determined pursuant to South Coast Air 

Quality Management District Rule 1174, Ignition Method 

Compliance Certification Protocol (February 27, 1991), 

incorporated by reference in Section 223.120, expressed to 

the nearest 0.001 pound certified product used per start.

For purposes of Subpart C of this Part, “VOM Content” means the weight of 

VOM per volume of coating, calculated according to the procedures specified in 

Section 223.340(a).

“Wasp and Hornet Insecticide” means any insecticide product that is designed for use 

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

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

“Waterproofer” means a product designed and labeled exclusively to repel water from 

fabric or leather substrates, excluding “Fabric Protectants”.
67

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

weight hydrocarbons or high molecular weight esters of fatty acids or alcohols, except 

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

derived from the secretions of plants and animals such as carnuba wax and beeswax, 

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

such as polyethylene.

“Web Spray Adhesive” means any aerosol adhesive that is not a mist spray or special 

purpose spray adhesive.

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

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

include ”Dusting Aid”, “General Purpose Cleaner”, “Furniture Maintenance Product”, 

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

exclusively to preserve or color wood.

“Wood Floor Wax” means wax-based products for use solely on wood floors.

Section 223.205 Standards 

a) Except as provided in Section 223.207, 223.230, 223.240, or 223.245, no person 

shall sell, supply, offer for sale, or manufacture for sale in Illinois any consumer 

product manufactured on or after JanuaryJuly 1, 2009 that contains VOMs in 

excess of the limits specified in this subsection: 

Affected Product % VOM by Weight

1) Adhesives – Spray

A) Mist Spray 65

B) Web Spray 55

C) Special Purpose Spray Adhesives

i) Mounting, Automotive Engine Compartment, and 

Flexible Vinyl 70

ii) Polystyrene Foam and Automotive Headliner 65

iii) Polyolefin and Laminate Repair /Edgebanding 60

2) Adhesives – Construction, Panel and Floor Contact 15

3) Adhesives – General Purpose 10
68

4) Adhesives – Structural Waterproof 15

5) Air Fresheners

A) Single-Phase Aerosol 30

B) Double Phase Aerosol 25

C) Liquids / Pump Sprays 18

D) Solids / Gel 3

6) Antiperspirants

A) Aerosol 40 HVOM 

 10 MVOM

B) Non-Aerosol 0 HVOM

 0 MVOM

7) Automotive Brake Cleaners 45

8) Automotive Rubbing or Polishing Compound 17

9) Automotive Wax, Polish, Sealant, or Glaze

A) Hard Paste Waxes 45

B) Instant Detailers 3

C) All Other Forms 15

10) Automotive Windshield Washer Fluids 35

11) Bathroom and Tile Cleaners

A) Aerosol 7

B) All Other Forms 5

12) Bug and Tar Remover 40

13) Carburetor or Fuel-Injection Air Intake Cleaners 45

14) Carpet and Upholstery Cleaners
69

A) Aerosol 7

B) Non-Aerosol (Dilutables) 0.1

C) Non-Aerosol (Ready-to-Use) 3.0

15) Charcoal Lighter Material see Section 223.220

16) Cooking Spray – Aerosol 18

17) Deodorants

A) Aerosol 0 HVOM

 10 MVOM

B) Non-Aerosol 0 HVOM

 0 MVOM

18) Dusting Aids

A) Aerosol 25

B) All Other Forms 7

19) Engine Degreasers

A) Aerosol 35

B) Non-Aerosol 5

20) Fabric Protectants 60

21) Floor Polishes / Waxes

A) Products for Flexible Flooring Materials 7

B) Products for Nonresilient Flooring 10

C) Wood Floor Wax 90

22) Floor Wax Strippers see Section 223.209

23) Furniture Maintenance Products

A) Aerosol 17
70

B) All Other Forms Except Solid or Paste 7

24) General Purpose Cleaners

A) Aerosol 10

B) Non-Aerosol 4

25) General Purpose Degreasers

A) Aerosol 50

B) Non-Aerosol 4

26) Glass Cleaners

A) Aerosol 12

B) Non-Aerosol 4

27) Hair Mousses 6

28) Hairshines 55

29) Hairsprays 55

30) Hair Styling Gels 6

31) Heavy Duty Hand Cleaner or Soap 8

32) Insecticides

A) Crawling Bug (Aerosol) 15

B) Crawling Bug (All Other Forms) 20

C) Flea and Tick 25

D) Flying Bug (Aerosol) 25

E) Flying Bug (All Other Forms) 35

F) Foggers 45

G) Lawn and Garden (Aerosol) 20

H) Lawn and Garden (All Other Forms) 3
71

I) Wasp and Hornet 40

33) Laundry Prewash

A) Aerosols / Solids 22

B) All Other Forms 5

34) Laundry Starch Products 5

35) Metal Polishes / Cleansers 30

36) Multi-Purpose Lubricant 

(Excluding Solid or Semi-Solid Products) 50

37) Nail Polish Removers 75

38) Non-Selective Terrestrial Herbicide - Non-Aerosol 3

39) Oven Cleaners

A) Aerosols / Pump Sprays 8

B) Liquids 5

40) Paint Removers or Strippers 50

41) Penetrants 50

42) Rubber and Vinyl Protectants

A) Aerosol 10

B) Non-Aerosol 3

43) Sealants and Caulking Compounds 4

44) Shaving Creams 5

45) Silicone-Based Multi-Purpose Lubricants 

(Excluding Solid or Semi-Solid Products) 60

46) Spot Removers

A) Aerosol 25
72

B) Non-Aerosol 8

47) Tire Sealants and Inflators 20

48) Undercoatings – Aerosols 40

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

or after JanuaryJuly 1, 2009, any antiperspirant or deodorant that contains any 

compound listed below: 

Benzene

Ethylene Dibromide

Ethylene Dichloride

Hexavalent Chromium

Asbestos

Cadmium (metallic cadmium and cadmium compounds)

Carbon Tetrachloride

Trichloroethylene

Chloroform

Vinyl Chloride

Inorganic Arsenic

Nickel (metallic nickel and inorganic nickel compounds)

Perchloroethylene

Formaldehyde

1,3-Butadiene

Inorganic Lead

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

positions and containing 4,5,6 or 7 chlorine atoms
73

Section 223.206 Diluted Products

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

specifically states that the product should be diluted with water or non-VOM 

solvent prior to use, the limits specified in Section 223.205(a) must apply to the 

product only after the minimum recommended dilution has taken place. 

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

dilution shall not include recommendations for incidental use of a concentrated 

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

stains. 

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

states that the product should be diluted with any VOM solvent prior to use, the

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

maximum recommended dilution has taken place. 

Section 223.207 Products Registered under FIFRA 

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

Rodenticide Act (FIFRA, 7 USC 136 through 136y), incorporated by reference in Section 

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

Section 223.208 Requirements for Aerosol Adhesives

a) As specified in California Code § 41712(h)(2), incorporated by reference in 

Section 223.120, the standards for aerosol adhesives apply to all uses of aerosol 

adhesives, including consumer, industrial, and commercial uses. Except as 

otherwise provided in Sections 223.207, 223.230, 223.240, and 223.245, no 

person shall sell, supply, offer for sale, use or manufacture for sale in Illinois any 

aerosol adhesive that, at the time of sale, use, or manufacture, contains VOMs in 

excess of the specified standard.

b) Special Purpose Spray Adhesive.

1) In order to qualify as a Special Purpose Spray Adhesive the product must 

meet one or more of the definitions for Special Purpose Spray Adhesive 

specified in Section 223.203, but if the product label indicates that the 

product is suitable for use on any substrate or application not listed in one 

of the definitions for Special Purpose Spray Adhesive, then the product 

shall be classified as either a Web Spray Adhesive or a Mist Spray 

Adhesive.

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

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

Web Spray Adhesive or Mist Spray Adhesive under Section 223.203, then 
74

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

specified in Section 223.205(a).

c) Effective JanuaryJuly 1, 2009, no person shall sell, supply, offer for sale, or 

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

following compounds: methylene chloride, perchloroethylene, or 

trichloroethylene. 

d) All aerosol adhesives must comply with the labeling requirements specified in 

Section 223.265.

Section 223.209 Requirements for Floor Wax Strippers

On or after JanuaryJuly 1, 2009, no person shall sell, supply, offer for sale, or manufacture for 

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

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

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

of three percent by weight or less; 

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

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

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

concentration of 12% by weight or less; and 

c) The term “light build-up”, “medium build-up”, or “heavy build-up” is not 

specifically required, as long as comparable terminology is used.

Section 223.210 Products Containing Ozone-Depleting Compounds 

a) For any consumer product for which standards are specified under Section 

223.205(a), no person shall sell, supply, offer for sale, or manufacture for sale in 

Illinois any consumer product that contains any of the following ozone-depleting 

compounds: 

1) Trichlorofluoromethane (CFC-11); 

2) Dichlorodifluoromethane (CFC-12);

3) 1,1,1-trichloro-2,2,2-trifluoroethane (CFC-113); 

4) 1-chloro-1,1-difluoro-2-chloro-2,2-difluoroethane (CFC-114);

5) Chloropentafluoroethane (CFC-115); 

6) Bromochlorodifluoromethane (Halon 1211); 
75

7) Bromotrifluoromethane (Halon 1301); 

8) Dibromotetrafluoroethane (Halon 2402); 

9) Chlorodifluoromethane (HCFC-22); 

10) 2,2-dichloro-1,1,1-trifluoroethane (HCFC-123); 

11) 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);

12) 1,1-dichloro-1-fluoroethane (HCFC-141b); 

13) 1-chloro-1,1-difluoroethane (HCFC-142b); 

14) 1,1,1-trichloroethane; and 

15) Carbon tetrachloride. 

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

formulation existing as of JanuaryJuly 1, 2009 that complies with Section 

223.205(a) or is reformulated to meet Section 223.205(a), provided the ozonedepleting compound content of the reformulated product does not increase. 

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

depleting compounds that may be present as impurities in a consumer product in 

an amount equal to or less than 0.01% by weight of the product. 

Section 223.220 Requirements for Charcoal Lighter Material

a) No person shall sell, supply, or offer for sale on or after JanuaryJuly 1, 2009, any 

charcoal lighter material product unless, at the time of the transaction, the 

manufacturer can demonstrate that it has been issued an effective certification by 

the CARB under the Consumer Products provisions under 17 California Code of 

Regulations § 94509(h), incorporated by reference in Section 223.120. This 

certification remains in effect for Illinois for as long as the CARB certification 

remains in effect.

b) Alternatively, the person may demonstrate that at the time of the transaction the 

manufacturer had been issued a certification by an air pollution agency of another 

state and USEPA that was current at the time of the transaction.

c) Upon request by the Agency, a manufacturer claiming to have a certification as 

specified in subsection (a) of this Section, must submit to the Agency a copy of 

the certification decision, including all conditions applicable to the certification 

established by CARB or the air pollution agency of another state and USEPA.
76

Section 223.230 Exemptions 

a) This Subpart shall not apply to any consumer product manufactured in Illinois for 

shipment and use outside of Illinois, as long as the manufacturer or distributor can 

demonstrate both that the consumer product is intended for shipment and use 

outside of Illinois, and that the manufacturer or distributor has taken reasonable, 

prudent precautions to assure that the consumer product is not distributed to 

Illinois. This exemption shall not apply to consumer products that are sold, 

supplied, or offered for sale by any person to retail outlets in Illinois. 

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

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

specified in Section 223.205(a). 

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

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

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

contained in any antiperspirant or deodorant.

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

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

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

pressure of two mm Hg or less at 20o

C.

e) The VOM limits specified in Section 223.205(a) shall not apply to any LVPVOM.

f) The requirements of Section 223.250 shall not apply to consumer products 

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

7 USC 136 through 136y).

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

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

under Section 211.7150 or exempted under subsection (f). 

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

and insecticides containing at least 98% para-dichlorobenzene.

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

in containers of one fluid ounce or less. 

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

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

containers enclosing an insecticidal bait that is not more than 0.5 ounce by 
77

weight, when the bait is designed to be ingested by insects and is composed of 

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

Section 223.240 Innovative Product Exemption

a) Any manufacturer of consumer products which have been granted an Innovative 

Product exemption by the CARB under the Innovative Products provisions in 17 

California Code of Regulations § 94511 or 94503.5, both incorporated by 

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

223.205(a) for the period of time that the CARB Innovative Products exemption 

remains in effect, provided that all consumer products within the CARB 

Innovative Products exemption are contained in the limits in Section 223.205(a). 

Any manufacturer claiming such an exemption on this basis must submit to the 

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

Executive Order), including all conditions established by the CARB applicable to 

the exemption.

b) Recordkeeping and Availability of Requested Information.

1) All information specified in the Innovative Product exemption approving 

an Innovative Product application shall be maintained by the responsible 

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

The records shall be clearly legible and maintained in good condition 

during this period.

2) The records specified in subsection (b)(1) shall be made available to the 

Agency, or its authorized representative, upon request.

Section 223.245 Alternative Compliance Plans 

a) The purpose of this Section is to provide an alternative method to comply with the 

limits in Section 223.205(a). This alternative is provided by allowing responsible 

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

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

products may enter into an ACP. 

b) Any manufacturer of consumer products that has been granted an ACP 

Agreement by the CARB under the provisions in 17 CCR §§ 94540-94555, 

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

Section 223.205(a) for the period of time that the CARB ACP Agreement remains 

in effect, provided that all ACP products used for emissions credits within the 

CARB ACP Agreement are contained in Section 223.205(a). Any manufacturer 

claiming such an ACP Agreement on this basis must submit to the Agency a copy 

of the CARB ACP decision (i.e., the Executive Order), including all conditions 

established by the CARB applicable to the exemption.
78

c) Recordkeeping and Availability of Requested Information.

1) All information specified in the ACP Agreement approving an ACP shall 

be maintained by the responsible ACP party for a minimum of three years 

after the expiration of the ACP. The records shall be clearly legible and 

maintained in good condition during this period.

2) The records specified in subsection (c)(1) shall be made available to the 

Agency or its authorized representative upon request.

Section 223.250 Product Dating

a) Each manufacturer of a consumer product subject to Section 223.205(a) shall 

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

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

b) A manufacturer who uses the following code to indicate the date of manufacture 

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

represented separately from other codes on the product container so that it is 

easily recognizable:

YY DDD = year year day day day

Where:

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

manufactured

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

the product was manufactured, with “001” representing 

the first day of the year, “002” representing the second 

day of the year, and so forth (i.e., the “Julian date”)

c) This date or code shall be displayed on each consumer product container or 

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

Section 223.205(a). 

d) The date or date-code information shall be located on the container or inside the 

cover/cap so that it is readily observable or obtainable by simply removing the 

cap/cover without irreversibly disassembling any part of the container or 

packaging. For the purposes of this subsection, information may be displayed on 

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

product packaging.

e) The requirements of this Section shall not apply to products containing no VOMs 

(as defined in Section 223.203), or containing VOMs at 0.10% by weight or less.
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Section 223.255 Additional Product Dating Requirements

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

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

container without the express authorization of the manufacturer. No manufacturer 

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

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

information and may not be claimed as confidential.

Section 223.260 Most Restrictive Limit

a) Products manufactured before JanuaryJuly 1, 2009, and FIFRA-registered 

Insecticides manufactured before JanuaryJuly 1, 2010.

Notwithstanding the definition of product category in Section 223.203, if 

anywhere on the principal display panel of any consumer product manufactured 

before JanuaryJuly 1, 2009, or any FIFRA-registered insecticide manufactured 

before JanuaryJuly 1, 2010, any representation is made that the product may be 

used as, or is suitable for use as, a consumer product for which a lower VOC limit 

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

requirement does not apply to general purpose cleaners, antiperspirant/deodorant 

products and insecticide foggers.

b) Products manufactured on or after JanuaryJuly 1, 2009, and FIFRA-registered 

insecticides manufactured on or after JanuaryJuly 1, 2010.

Notwithstanding the definition of product category in Section 223.203, if 

anywhere on the container or packaging of any consumer product manufactured 

on or after JanuaryJuly 1, 2009, or any FIFRA-registered insecticide 

manufactured on or after JanuaryJuly 1, 2010, or on any sticker or label affixed to 

the container or packaging, any representation is made that the product may be 

used as, or is suitable for use as, a consumer product for which a lower VOC 

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

This requirement does not apply to general purpose cleaners, 

antiperspirant/deodorant products and insecticide foggers.

Section 223.265 Additional Labeling Requirements for Aerosol Adhesives, Adhesive 

Removers, Electronic Cleaners, Electrical Cleaners, Energized Electrical 

Cleaners, and Contact Adhesives

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

223.270, both the manufacturer and responsible party for each aerosol adhesive, 

adhesive remover, electronic cleaner, electrical cleaner, energized electrical 

cleaner, and contact adhesive product subject to this Subpart shall ensure that all 
80

products clearly display the following information on each product container 

manufactured on or after JanuaryJuly 1, 2009.

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

of the category shall be displayed.

2) The applicable VOM standard for the product that is specified in Section 

223.205(a) except for energized electrical cleaner, expressed as a 

percentage by weight, shall be displayed unless the product is included in 

an alternative control plan approved by the Agency, as provided in

Sections 223.240 and 223.245, and the product exceeds the applicable 

VOM standard.

3) If the product is included in an alternative control plan approved by the 

Agency, and the product exceeds the applicable VOM standard specified 

in Section 223.205(a), the product shall be labeled with the term “ACP” or 

“ACP product”.

4) If the product is classified as a special purpose spray adhesive, the 

applicable substrate and/or application or an abbreviation of the substrate 

and/or application that qualifies the product as special purpose shall be 

displayed.

5) If the manufacturer or responsible party uses an abbreviation as allowed 

by this Section, an explanation of the abbreviation must be filed with the 

Agency before the abbreviation is used.

b) The information required in Section 223.250(a) shall be displayed on the product 

container such that it is readily observable without removing or disassembling any 

portion of the product container or packaging. For the purposes of this 

subsection, information may be displayed on the bottom of a container as long as 

it is clearly legible without removing any product packaging.

c) No person shall remove, alter, conceal, or deface the information required in 

subsection (a) prior to final sale of the product.

Section 223.270 Reporting Requirements 

a) Within 90 days after written request by the agencyAgency, a responsible party 

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

request by the Agency: 

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

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

2) For each product subject to Section 223.205(a): 
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A) The product brand name; 

B) The product label; 

C) The product category to which the consumer product belongs; 

D) The applicable product form(s) listed separately; and 

E) An identification of the product as a household product, 

institutional product, or both;

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

method used to calculate Illinois sales for each product form; 

4) For information submitted by multiple companies, an identification of 

each company that is submitting relevant data separate from that submitted 

by the responsible party. All information from each company shall be 

submitted by the date requested by the Agency; 

5) For each product brand name and form, the net percent by weight of the 

total product, less container and packaging, comprised of the following, 

rounded to the nearest 0.1%:

A) Total Section 223.205(a) compounds; 

B) Total LVP-VOMs that are not fragrances; 

C) Total all other carbon-containing compounds that are not 

fragrances; 

D) Total all non-carbon-containing compounds; 

E) Total fragrance; 

F) For products containing greater than 2% by weight fragrance: 

i) The percent of fragrance that is LVP-VOMs; and 

ii) The percent of fragrance that is all other carbon-containing 

compounds; and

G) Total paradichlorobenzene; 
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6) For each product brand name and form, the identity, including the specific 

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

of the following: 

A) Each Section 223.205(a) compound; and 

B) Each LVP-VOM that is not a fragrance; and 

7) If the product includes a propellant, the following: 

A) The weight percent comprised of propellant for each product; and 

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

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

b) In addition to the requirements of subsection (a)(6), the responsible party shall 

report or shall arrange to have reported to the Agency, upon request, the net 

percent by weight of each ozone-depleting compound that is:

1) Listed in Section 223.210(a); and 

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

amount greater than 0.1% by weight. 

c) In addition, all manufacturers must submit to the Agency, upon request, the 

information requested in subsections (a) and (b) above upon commencement of 

the selling of each such product in Illinois.

Section 223.275 Special Recordkeeping Requirements for Consumer Products that 

Contain Perchloroethylene or Methylene Chloride 

a) The requirements of this Section shall apply to all responsible parties for 

consumer products that are subject to Section 223.205(a) and contain 

perchloroethylene or methylene chloride and energized electrical cleaners as 

defined in Section 223.203 that contain perchloroethylene or methylene chloride. 

For the purposes of this Section, a product “contains perchloroethylene or 

methylene chloride” if the product contains 1.0% or more by weight (exclusive of 

the container or packaging) of either perchloroethylene or methylene chloride. 

b) For each consumer product that contains perchloroethylene or methylene chloride, 

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

shall report the following information for products sold in Illinois:

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

instructions;
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, Determination of Volatile Organic Materials 

(VOM) in Consumer Products, which is incorporated by reference in Section 

223.120.

b) Compliance with the requirements of this Subpart may also be demonstrated 

through calculation of the VOM content from records of the amounts of 

constituents used to make the product pursuant to the following criteria: 

1) Accurate manufacturing records shall be kept for each day of production 

of the amount and chemical composition of the individual product 

constituents; 

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

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

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

packaging; 

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

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

4) For the purposes of this section, the VOM content shall be calculated by 

subtracting the total weight of VOMs exempted under Section 223.230 per 

unit from the total weight of all VOMs per unit, divided by the total net 
84

weight of unit excluding container and packaging and the product, 

multiplied by 100 as in the formula below: 

VOM Content = B - C x 100 

 A 

5) If product records appear to demonstrate compliance with the VOM limits, 

but these records are contradicted by product testing performed using 

CARB Method 310, the results of CARB Method 310 shall take 

precedence over the product records and may be used to establish a 

violation of the requirements of this Subpart.

c) Testing to determine whether a product is a liquid or solid shall be performed 

using ASTM D4359-90, which is incorporated by reference in Section 223.120, or 

an equivalent method approved by the CARB.

d) Testing to determine compliance with the certification requirements for charcoal 

lighter material shall be performed using the procedures specified in the 

SCAQMD Test Protocol Rule 1174, Ignition Method Compliance Certification 

Protocol, dated February 28, 1991, which is incorporated by reference in Section 

223.120. 

e) Testing to determine distillation points of petroleum distillate-based charcoal 

lighter materials shall be performed using ASTM D86-07b, which is incorporated 

by reference in Section 223.120, or an equivalent method

approved by the CARB.

f) No person shall create, alter, falsify, or otherwise modify records in such a way 

that the records do not accurately reflect the constituents used to manufacture a 

product, the chemical composition of the individual product, and any other test, 

processes, or records used in connection with product manufacture. 

SUBPART C: ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS

Section 223.300 Purpose

The purpose of this Subpart is to limit emissions of VOMs by requiring reductions in the VOM 

content of architectural and industrial maintenance coatings and required work practices to 

minimize VOM emissions in the application of architectural and industrial maintenance coatings 

to surfaces.

Section 223.305 Applicability

This Subpart is applicable to any person who supplies, sells, offers for sale, or manufactures any 

architectural coating for use within the State of Illinois, as well as any person who applies or 

solicits the application of any architectural coating within Illinois. This Subpart does not apply 
85

to:

a) Any architectural coating that is sold or manufactured for use outside of the State 

of Illinois or for shipment to other manufacturers for reformulation or 

repackaging.

b) Any aerosol coating product.

c) Any architectural coating that is sold in a container with a volume of one liter 

(1.057 quart) or less.

Section 223.307 Definitions for Subpart C

The definitions contained in this Section apply only to the provisions of this Subpart. Unless 

otherwise defined in this Section, the definitions of terms used in this Subpart shall have the 

meanings specified for those terms in 35 Ill. Adm. Code 211.

“Adhesive” means any chemical substance that is applied for the purpose of bonding two 

surfaces together other than by mechanical means.

“Aerosol Coating Product” means a pressurized coating product containing pigments or 

resins that dispenses product ingredients by means of a propellant, and is packaged in a 

disposable can for hand-held application or for use in specialized equipment for ground 

traffic/marking applications.

“Antenna Coating” means a coating labeled and formulated exclusively for application to 

equipment and associated structural appurtenances that are used to receive or transmit 

electromagnetic signals.

“Antifouling Coating” means a coating labeled and formulated for application to 

submerged stationary structures and their appurtenances to prevent or reduce the 

attachment of marine or freshwater biological organisms. To qualify as an “Antifouling 

Coating”, the coating must be registered with USEPA under the Federal Insecticide, 

Fungicide and Rodenticide Act (7 USC 136 et seq.)

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

installation, whether installed or detached, including, but not limited to, bathroom and 

kitchen fixtures, cabinets, concrete forms, doors, elevators, fences, hand railings, heating 

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

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

downspouts, stairways, fixed ladders, catwalks and fire escapes, and window screens.

“Architectural Coating” means a coating to be applied to stationary structures or the 

appurtenances at the site of installation, to portable buildings at the site of installation, to 

pavements, or to curbs. Coatings applied in shop applications or to non-stationary 

structures, such as airplanes, ships, boats, railcars, and automobiles, and adhesives are not 
86

considered architectural coatings for the purposes of this Subpart.

“Bitumens” means black or brown materials including, but not limited to, asphalt, tar, 

pitch, and asphaltite that are soluble in carbon disulfide, consist mainly of hydrocarbons, 

and are obtained from natural deposits or as residues from the distillation of crude 

petroleum or coal.

“Bituminous Roof Coating” means a coating that incorporates “Bitumens” that is labeled 

and formulated exclusively for roofing.

“Bituminous Roof Primer” means a primer that incorporates “Bitumens” that is labeled 

and formulated exclusively for roofing.

“Bond Breaker” means a coating labeled and formulated for application between layers 

of concrete to prevent a freshly poured top layer of concrete from bonding to the layer 

over which it is poured.

“Calcamine Recoaters” means a flat solvent bornborne coatings formulated and 

recommended specifically for recoating calcamine-painted ceilings and other calcaminepainted substrates.

“Clear Brushing Lacquers” means clear wood finishes, excluding clear lacquer sanding 

sealers, formulated with nitrocellulose or synthetic resins to dry by solvent evaporation 

without chemical reaction and to provide a solid, protective film, which are intended 

exclusively for application by brush and which are labeled as specified in Section 

223.320(e).

“Clear Wood Coatings” means clear and semi-transparent coatings, including lacquers 

and varnishes, applied to wood substrates to provide a transparent or translucent solid 

film.

“Coating” means, for purposes of this Subpart a material applied onto or impregnated 

into a substrate for protective, decorative, or functional purposes. Such materials include, 

but are not limited to, paints, varnishes, sealers, and stains.

“Colorant” means, for purposes of this Subpart, concentrated pigment dispersion in 

water, solvent, and/or binder that is added to an architectural coating after packaging in 

sale units to produce the desired color.

“Concrete Curing Compound” means, for purposes of this Subpart a coating labeled and 

formulated for application to freshly poured concrete to retard the evaporation of water.

“Concrete Surface Retarder” means a mixture of retarding ingredients such as extender 

pigments, primary pigments, resin, and solvent that interact chemically with the cement 

to prevent hardening on the surface where the retarder is applied, allowing the retarded 
87

mix of cement and sand at the surface to be washed away to create an exposed aggregate 

finish.”

“Conversion Varnish” means a clear acid-curing coating with an alkyd or other resin 

blended with amino resins and supplied as a single component or two-component 

product. Conversion varnishes produce a hard, durable, clear finish designed for 

professional application to wood flooring. Film formation is the result of an acidcatalyzed condensation reaction, affecting a transetherification at the reactive ethers of 

the amino resins.

“Dry Fog Coating” means a coating labeled and formulated only for spray application 

such that overspray droplets dry before subsequent contact with incidental surfaces in the 

vicinity of the surface coating activity.

“Exempt Compound” means a compound identified as exempt under the definition of 

Volatile Organic Material (VOM) in Part 211.7150. The exempt compound content of a 

coating shall be determined by USEPA Method 24 or South Coast Air Quality 

Management District (SCAQMD) Method 303-91 (Revised February 1993), incorporated 

by reference in Section 223.120.

“Faux Finishing Coating” means a coating labeled and formulated as a stain or a glaze to 

create artistic effects including, but not limited to, dirt, old age, smoke damage, and 

simulated marble and wood grain.

“Fire-Resistive Coating” means an opaque coating labeled and formulated to protect the 

structural integrity by increasing the fire endurance of interior or exterior steel and other 

structural materials that has been fire tested and rated by a testing agency and approved 

by building code officials for use in bringing assemblies of structural materials into 

compliance with federal, State, and local building code requirements. The fire-resistive 

coating and the testing agency must be approved by building code officials. The fireresistive coating shall be tested in accordance with ASTM E119-98, incorporated by 

reference in Section 223.120.

“Fire-Retardant Coating” means a coating labeled and formulated to retard ignition and 

flame spread, that has been fire tested and rated by a testing agency approved by building 

code officials for use in bringing building and construction materials into compliance 

with federal State, and local building code requirements. The fire-retardant coating and 

the testing agency must be approved by building code officials. The fire-retardant 

coating shall be tested in accordance with ASTM E84-07, incorporated by reference in 

Section 223.120.

“Flat Coating” means a coating that is not defined under any other definition in this 

Section and that registers gloss less than 15 on an 85-degree meter or less than five on a 

60-degree meter according to ASTM Designation D 523-89 (1999), incorporated by 

reference in Section 223.120.
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 foot traffic.

“Flow Coating” means a coating labeled and formulated exclusively for use by electric 

power companies or their subcontractors to maintain the protective coating systems 

present on utility transformer units.

“Form-Release Compound” means a coating labeled and formulated for application to a 

concrete form to prevent the freshly poured concrete from bonding to the form. The form 

may consist of wood, metal, or some material other than concrete.

“Graphic Arts Coating or Sign Paint” means a coating labeled and formulated for handapplication by artists using brush or roller techniques to indoor and outdoor signs 

(excluding structural components) and murals, including letter enamels, poster colors, 

copy blockers, and bulletin enamels.

“High-Temperature Coating” means a high performance coating, excluding engine paint, 

labeled and formulated for application to substrates exposed continuously or 

intermittently to temperatures above 204°C (400°F).

“Impacted Immersion Coating” means a high performance maintenance coating 

formulated and recommended for application to steel structures subject to immersion in 

turbulent, debris-laden water. These coatings are specifically resistant to high-energy 

impact damage by floating ice or debris.

“Industrial Maintenance Coating” means a high performance architectural coating, 

including primers, sealers, undercoaters, intermediate coats, and topcoats, formulated for 

application to substrates exposed to one or more of the following extreme environmental 

conditions, and labeled as specified in Section 223.320(d):

Immersion in water, wastewater, or chemical solutions (aqueous and non-aqueous 

solutions), or chronic exposures of interior surfaces to moisture condensation;

Acute or chronic exposure to corrosive, caustic, or acidic agents, or to chemicals, 

chemical fumes, or chemical mixtures or solutions;

Repeated exposure to temperatures above 121°C (250°F);

Repeated (frequent) heavy abrasion, including mechanical wear and repeated 

(frequent) scrubbing with industrial solvents, cleansers, or scouring agents; or

Exterior exposure of metal structures and structural components.
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 material.

“Magnesite Cement Coating” means a coating labeled and formulated for application to 

magnesite cement decking to protect the magnesite cement substrate from erosion by 

water.

“Mastic Texture Coating” means a coating labeled and formulated to cover holes and 

minor cracks and to conceal surface irregularities, and is applied in a single coat of at 

least 10 mils (0.010 inch) dry film thickness.

“Metallic Pigmented Coating” means a coating containing at least 48 grams of elemental 

metallic pigment per liter of coating as applied (0.4 pounds per gallon), when tested in 

accordance with SCAQMD Method 318-95, incorporated by reference in Section 

223.120.

“Multi-Color Coating” means a coating that is packaged in a single container and that 

exhibits more than one color when applied in a single coat.

“Non-flat Coating” means a coating that is not defined under any other definition in this 

Section and that registers a gloss of 15 or greater on an 85-degree meter and five or 

greater on a 60-degree meter according to ASTM D523-89, incorporated by reference in 

Section 223.120 or an equivalent method approved by the California Air Resources 

Board.

“Non-Flat High-Gloss Coating” means a non-flat coating that registers a gloss of 70 or 

above on a 60-degree meter according to ASTM D523-89 (1999), incorporated by 

reference into Section 223.120, or an equivalent method approved by the CARB.

“Nonindustrial Use” means any use of architectural coatings except in the construction or 

maintenance of any of the following: facilities used in the manufacturing of goods and 

commodities; transportation infrastructure, including highways, bridges, airports and 

railroads; facilities used in mining activities, including petroleum extraction; utilities 

infrastructure, including power generation and distribution; and water treatment and 

distribution systems.

“Nuclear Coating” means a protective coating formulated and recommended to seal 

porous surfaces such as steel (or concrete) that otherwise would be subject to intrusions 

by radioactive materials. These coatings must be resistant to long-term (service life) 

cumulative radiation exposure (ASTM D4082-02), incorporated by reference in Section 

223.120), relatively easy to decontaminate, and resistant to various chemicals to which 

the coatings are likely to be exposed (ASTM Method D 3912-95, incorporated by 
90

reference in Section 223.120).

“Post-Consumer Coating” means a finished coating that would have been disposed of in a 

landfill, having completed its usefulness to a consumer, and does not include 

manufacturing wastes.

“Pre-Treatment Wash Primer” means a primer that contains a minimum of 0.5 acid, by 

weight, when tested in accordance with ASTM D1613-03, incorporated by reference into 

Section 223.120, or an equivalent method approved by the CARB that is labeled and 

formulated for application directly to bare metal surfaces to provide corrosion resistance 

and to promote adhesion of subsequent topcoats.

“Primer” means, for the purposes of this Subpart, a coating labeled and formulated for 

application to a substrate to provide a firm bind between the substrate and subsequent 

coats.

“Quick-Dry Enamel” means a non-flat coating that is labeled as specified in Section 

223.320(h) and that is formulated to have the following characteristics:

Is capable of being applied directly from the container under normal conditions 

with ambient temperatures between 16 and 27°C (60 and 80°F); and

When tested in accordance with ASTM D1640-03, incorporated by reference in 

Section 223.120, or an equivalent method approved by the CARB, sets to touch in 

two hours or less, is tack free in four hours or less, and dries hard in eight hours or 

less by the mechanical test method; and 

Has a dried film gloss of 70 or above on a 60-degree meter.

“Quick-Dry Primer Sealer and Undercoater” means a “Primer”, “Sealer”, or 

“Undercoater” that is dry to the touch in 30 minutes and can be recoated in two hours 

when tested in accordance with ASTM D1640-03, incorporated by reference in Section 

223.120, or an equivalent method approved by the CARB.

“Recycled Coating” means an architectural coating formulated such that not less than 50 

percent of the total weight consists of secondary and post-consumer coating, with not less 

than 10 percent of the total weight consisting of post-consumer coating.

“Residence” means areas where people reside or lodge, including, but not limited to, 

single and multiple family dwellings, condominiums, mobile homes, apartment 

complexes, motels, and hotels.

“Roof Coating” means a nonbituminous coating labeled and formulated exclusively for 

application to roofs for the primary purpose of preventing penetration of the substrate by 

water or reflecting heat and ultraviolet radiation. Metallic pigmented roof coatings that 
91

qualify as metallic pigmented coatings, shall not be considered in this category, but shall 

be considered to be in the metallic pigmented coatings category.

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

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

“Sanding Sealer” means, for purposes of this Subpart, a clear or semi-transparent wood 

coating labeled and formulated for application to bare wood to seal the wood and to 

provide a coat that can be abraded to create a smooth surface for subsequent applications 

of coatings. A “Sanding Sealer” that also meets the definition of a “Lacquer” is not 

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

“Sealer” means, for purposes of this Subpart, a coating labeled and formulated for 

application to a substrate for one or more of the following purposes: to prevent 

subsequent coatings from being absorbed by the substrate, or to prevent harm to 

subsequent coatings by materials in the substrate.

“Secondary Coating (Rework)” means a fragment of a finished coating or a finished 

coating from a manufacturing process that has converted resources into a commodity of 

real economic value, but does not include excess virgin resources of the manufacturing 

process.

“Shellac” means a clear or opaque coating formulated solely with the resinous secretions 

of the lac beetle (Laciffer lacca), thinned with alcohol, and formulated to dry by 

evaporation without a chemical reaction.

“Shop Application” means the application of a coating to a product or a component of a 

product in or on the premises of a factory or a shop as part of a manufacturing, 

production or repairing process (e.g., original equipment manufacturing coatings).

“Solicit” means to require for use or to specify by written or oral contract.

“Specialty Primer, Sealer, and Undercoater” means a coating labeled as specified in 

Section 223.320(g) and that is formulated for application to a substrate to seal fire, 

smoke, or water damage; to condition excessively chalky surfaces; to seal in 

efflorescence, or to block stains. An excessively chalky surface is one that is defined as 

having a chalk rating of four or less as determined by ASTM D4214-98, incorporated by 

reference in Section 223.120, or an equivalent method approved by the CARB.

“Stain” means a clear, semitransparent, or opaque coating labeled and formulated to 

change the color of a surface, but not conceal the grain pattern or texture.

“Stone Consolidant” means a coating that is labeled and formulated for application to 

stone substrates to repair historical structures that have been damaged by weathering or 

other decay mechanisms “Stone Consolidants” must penetrate into stone substrates to 

create bonds between particles and consolidate deteriorated material. “Stone 
92

Consolidants” must be specified and used in accordance with ASTM E2167-01, 

incorporated by reference in Section 223.120. “Stone Consolidants” are for professional 

use only and must be labeled as such, in accordance with the labeling requirements in 

Section 223.320.

“Swimming Pool Coating” means a coating labeled and formulated to coat the interior of 

swimming pools and to resist swimming pool chemicals.

“Swimming Pool Repair and Maintenance Coating” means a rubber-based coating 

labeled and formulated to be used over existing rubber-based coatings for the repair and 

maintenance of swimming pools.

“Temperature-Indicator Safety Coating” means a coating labeled and formulated as a 

color-changing indicator coating for the purpose of monitoring the temperature and safety 

of the substrate, underlying piping, or underlying equipment, and for application to 

substrates exposed continuously or intermittently to temperatures above 204°C (400°F).

“Thermoplastic Rubber Coating and Mastics” means a coating or mastic formulated and 

recommended for application to roofing or other structural surfaces and that incorporates 

no less than 40 percent by weight of thermoplastic rubbers in the total resin solids and 

may also contain other ingredients, including, but not limited to, fillers, pigments and 

modifying resins.

“Tint Base” means an architectural coating to which colorant is added after packaging in 

sale units to produce a desired color.

“Traffic Marking Coating” means a coating labeled and formulated for marking and 

striping streets, highways, or other traffic surfaces, including, but not limited to, curbs, 

berets, driveways, parking lots, sidewalks, and airport runways.

“Undercoater” means a coating labeled and formulated to provide a smooth surface for 

subsequent coatings.

“Varnish” means a clear or semitransparent wood coating, excluding lacquers and 

shellacs, formulated to dry by chemical reaction on exposure to air. Varnishes may 

contain small amounts of pigment to color a surface, or to control the final sheen or gloss 

of the finish.

“VOC Content” shall have the same meaning as “VOM Content.”

“VOM Content” means the weight of VOM per volume of coating, calculated according 

to the procedures specified in Section 223.340(a).

“Waterproofing Concrete/Masonry Sealers” means clear or pigmented sealers that are 

formulated for sealing concrete and masonry to provide resistance against water, alkalis, 

acids, ultraviolet light, or staining.
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 the Federal 

Insecticide, Fungicide, and Rodenticide Act (7 USC 136, et seq.).

Section 223.310 Standards

a) VOM Content Limits: Except as provided in subsection (c), no person shall 

manufacture, blend, or repackage for sale within Illinois, supply, sell, or offer for 

sale within Illinois, or solicit for application or apply within Illinois, any 

architectural coating manufactured on or after JanuaryJuly 1, 2009 that contains a 

VOM content in excess of the corresponding limit specified below:

VOM Content Limit

Grams/Liter (Pounds/Gallon)

Coating Category

1) Flat Coatings 100 (0.8)

2) Non-Flat Coatings 150 (1.3)

3) Non-Flat-High-Gloss Coatings 250 (2.1)

Specialty Coatings

4) Antenna Coatings 530 (4.4)

5) Antifouling Coatings 400 (3.3)

6) Bituminous Roof Coatings 300 (2.5)

7) Bituminous Roof Primers 350 (2.9)

8) Bond Breakers 350 (2.9)

9) Calcamine Recoaters 475 (4.0)

10) Clear Wood Coatings

A) Clear Brushing Lacquers 680 (5.7)

B) Lacquers 

(including lacquer sanding sealers) 550 (4.6)
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 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)
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28) Multi-Color Coatings 250 (2.1)

29) Nuclear Coating 450 (3.8)

30) Pre-Treatment Wash Primers 420 (3.5)

31) Primers, Sealers, and Undercoaters 200 (1.7)

32) Quick-Dry Enamels 250 (2.1)

33) Quick-Dry Primers, Sealers and Undercoaters 200 (1.7)

34) Recycled Coatings 250 (2.1)

35) Roof Coatings 250 (2.1)

36) Rust Preventive Coatings 400 (3.3)

37) Shellacs

A) Clear 730 (6.1)

B) Opaque 550 (4.6)

38) Specialty Primers, Sealers, and Undercoaters 350 (2.9)

39) Stains 250 (2.1)

40) Stone Consolidants 450 (3.8)

41) Swimming Pool Coatings 340 (2.8)

42) Swimming Pool Repair and Maintenance Coatings 340 (2.8)

43) Temperature-Indicator Safety Coatings 550 (4.6)

44) Thermoplastic Rubber Coatings and Mastics 550 (4.6)

45) Traffic Marking Coatings 150 (1.3)

46) Waterproofing Concrete/Masonry Sealers 400 (3.3)

47) Waterproofing Sealers 250 (2.1)

48) Wood Preservatives 350 (2.9)
96

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

grams per liter.

b) Limits are expressed in grams of VOM per liter of coating thinned to the 

manufacturer's maximum recommendation, excluding the volume of any water, 

exempt compounds, or colorant added to tint bases. “Manufacturers maximum 

recommendation” means the maximum recommendation for thinning that is 

indicated on the label or lid of the coating container. 

c) Most Restrictive VOM Limit. If anywhere on the container of any architectural 

coating, or any label or sticker affixed to the container, or in any sales, 

advertising, or technical literature supplied by a manufacturer or anyone acting on 

the manufacturer’s behalf, any representation is made that indicates that the 

coating meets the definition of or is recommended for use for more than one of 

the coating categories listed in subsection (a), then the most restrictive VOM 

content limit shall apply. This provision does not apply to the coating categories 

specified in subsections (c)(1) through (c)(21):

1) Lacquer coatings (including lacquer sanding sealers);

2) Metallic pigmented coatings;

3) Shellacs;

4) Fire-retardant coatings;

5) Pretreatment wash primers;

6) Industrial maintenance coatings;

7) Low-solids coatings;

8) Wood preservatives;

9) High-temperature coatings;

10) Temperature-indicator safety coatings;

11) Antenna coatings;

12) Antifouling coatings;

13) Flow coatings;
97

14) Bituminous roof primers;

15) Specialty primers, sealers, and undercoaters;

16) Conversion varnish;

17) Calcimine recoaters;

18) Impacted immersion coatings;

19) Nuclear coatings;

20) Thermoplastic rubber coating and mastics;

21) Concrete surface retarder.

d) Painting Practices. All architectural coating containers used to apply their

contents to a surface directly from the container by pouring, siphoning, brushing, 

rolling, padding, ragging, or other means shall be closed when not in use. These 

architectural coatings containers include, but are not limited to, drums, buckets, 

cans, pails, trays, or other application containers. Containers of any VOMontaining materials used for thinning and cleanup shall also be closed when not in 

use.

e) Thinning. No person who applies or solicits the application of any architectural 

coating shall apply a coating that is thinned to exceed the applicable VOM limit 

specified in subsection (a).

f) Rust Preventive Coatings. No person shall apply or solicit the application of any 

rust preventive coating for industrial use unless the rust preventive coating 

complies with the industrial maintenance coating VOM limit specified in 

subsection (a). If the coating is also regulated under another Part, the more 

restrictive limit shall apply.

g) Coatings Not Listed in Subsection (a). For any coating that does not meet any of 

the definitions for the specialty coatings categories listed in subsection (a), the 

VOM content limit shall be determined by classifying the coating as a flat 

coating, a non-flat coating, or a non-flat high-gloss coating, based on its gloss, as 

defined in Section 223.307, and the corresponding flat or non-flat coating limit 

shall apply.

Section 223.320 Container Labeling Requirements

Each manufacturer of any architectural coatings subject to this Subpart shall display the 

information listed in subsections (a) through (j) on the coating container in which the coating is 

sold or distributed (or on its label).
98

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

representing the date, shall be indicated on the label, lid or bottom of the 

container. If the manufacturer uses a date-code for any coating, the manufacturer 

shall file an explanation of each code with the Agency upon request.

b) Thinning Recommendations. A statement of the manufacturer's recommendation 

regarding thinning of the coating shall be indicated on the label or lid of the 

container. This requirement does not apply to the thinning of architectural 

coatings with water. If thinning of the coating prior to use is not necessary, the 

recommendation must specify that the coating is to be applied without thinning.

c) VOM or VOC Content. Each container of any coating subject to this Subpart

shall display either the maximum or the actual VOM content of the coating, as 

supplied, or the actual VOM content including the maximum thinning as 

recommended by the manufacturer. VOM content shall be displayed in grams of 

VOM per liter of coating. VOM content displayed shall be calculated using 

product formulation data, or shall be determined using the test methods in Section 

223.340(b). The equations in Section 223.340(a) shall be used to calculate VOM 

content. In each of the above cases, the term “VOC content” shall have the same 

meaning as “VOM content”.

d) Industrial Maintenance Coatings. In addition to the information specified in 

subsections (a), (b), and (c), each manufacturer of any industrial maintenance 

coating subject to this Subpart shall display on the label or the lid of the container 

in which the coating is sold or distributed one or more of the following

descriptions:

1) "For industrial use only”,

2) "For professional use only”,

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

e) Clear Brushing Lacquers. The labels of all clear brushing lacquers shall prominently display the statements “For brush application only” and “This product must 

not be thinned or sprayed”.

f) Rust Preventive Coatings. The labels of all rust preventive coatings shall prominently display the statement “For Metal Substrates Only.”

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

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

descriptions.

1) “For blocking stains;”
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. Effective JanuaryJuly 1, 2010, the labels of all stone 

consolidants shall prominently display the statement “Stone Consolidant - For 

Professional Use Only”.

Section 223.330 Reporting Requirements

a) Clear Brushing Lacquers. Within 90 days after written request by the Agency,

each manufacturer of clear brushing lacquers shall report the following 

information for products sold in Illinois:

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

the preceding calendar year; and

2) The method used by the manufacturer to calculate State sales.

b) Rust Preventive Coatings. Within 90 days after written request by the Agency,

each manufacturer of rust preventive coatings shall report the following 

information for products sold in Illinois.

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

the preceding calendar year; and

2) The method used by the manufacturer to calculate State sales.

c) Specialty Primers, Sealers, and Undercoaters. WithWithin 90 days after written 

request by the Agency, each manufacturer of specialty primers, sealers, and 

undercoaters shall report the following information for products sold in Illinois:

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

in the State during the preceding calendar year; and
100

2) The method used by the manufacturer to calculate State sales.

d) Toxic Exempt Compounds. For each architectural coating that contains 

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

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

sold in Illinois:

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

instructions;

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

belongs;

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

and

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

methylene chloride in the coating.

e) Recycled Coatings.

1) Within 90 days after written request by the Agency, manufacturers of 

recycled coatings must submit a letter to the Agency self-certifying their 

status as a Recycled Paint Manufacturer.

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

manufacturer shall report the following information for products sold in 

Illinois:

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

the preceding calendar year; and

B) The method used by the manufacturer to calculate State sales.

f) Bituminous Coatings. Within 90 days after written request by the Agency, each 

manufacturer of bituminous roof coatings or bituminous roof primers shall report 

the following information for products sold in Illinois.

1) The number of gallons of bituminous roof coatings or bituminous roof 

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

2) The method used by the manufacturer to calculate State sales.

Section 223.340 Compliance Provisions and Test Methods
101

a) Calculation of VOM Content. For the purpose of determining compliance with 

the VOM content limits in Section 223.310(a), the VOM content of a coating 

shall be determined by using the procedures described in subsection (a)(1) or 

(a)(2), as appropriate. The VOM content of a tint base shall be determined 

without colorant that is added after the tint base is manufactured.

1) With the exception of low solids coatings, determine the VOM content in 

grams of VOM per liter of coating thinned to the manufacturer's maximum 

recommendation, excluding the volume of any water and exempt 

compounds. Determine the VOM content as follows:

VOM Content = (Ws - Ww - Wem) 

(Vm - Vw - Vem)

Where:

VOM content = grams of VOM per liter of coating

Ws = weight of volatiles, in grams

Ww = weight of water, in grams

Wem = weight of exempt materials, in grams

Vm = volume of coating, in liters

Vw = volume of water, in liters

Vem = volume of exempt materials, in liters

2) For low solids coatings, determine the VOM content in units of grams of 

VOM per liter of coating thinned to the manufacturer's maximum 

recommendation, including the volume of any water and exempt 

compounds. Determine the VOM content as follows:

VOM Content (ls) = (Ws - Ww – Wem

(Vm)

Where:

VOM content (ls) = the VOM content of a low solids coating in grams per liter 

of coating

Ws = weight of volatile, in grams

Ww = weight of water, in grams

Wem = weight of exempt materials, in grams

Vm = volume of coating, in liters

b) VOM Content of Coatings. To determine the physical properties of a coating in 

order to perform the calculations in subsection (a), the reference method for VOM 

content is USEPA Method 24, incorporated by reference in Section 223.120, 

except as provided in sections 223.350 and 223.360. An alternative method to 

determine the VOM content of coatings is SCAQMD Method 304-91, 
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 VOM content of a coating, the manufacturer 

may use USEPA Method 24, or an equivalent alternative method, as provided in 

Section 223.350, formulation data, or any other reasonable means for predicting 

that the coating has been formulated as intended (e.g., quality assurance checks, 

recordkeeping). However, if there are any inconsistencies between the results of a 

Method 24 test and any other means for determining VOM content, the Method 

24 results will govern, except when an equivalent alternative method is approved 

as specified in Section 223.350. The Agency may require the manufacturer to 

conduct a Method 24 analysis.

Section 223.350 Alternative Test Methods

Other test methods demonstrated to provide results that are acceptable for purposes of determining compliance with Section 223.340(b), after review, and approval in writing by the Agency 

and USEPA, may also be used.

Section 223.360 Methacrylate Traffic Coating Markings

Analysis of methacrylate multi-component coatings used as traffic marking coatings shall be 

conducted according to a modification of USEPA Method 24, incorporated by reference in 

Section 223.120, or an equivalent method approved by the CARB. This method has not been 

approved for methacrylate multi-component coatings used for purposes other than as traffic 

marking coatings or for other classes of multi-component coatings.

Section 223.370 Test Methods

The following test methods are incorporated by reference in Section 223.120, and shall be used 

to test coatings subject to the provisions of this Subpart:

a) Flame Spread Index. The flame spread index of a fire-retardant coating shall be 

determined by ASTM E84-07, Standard Test Method for Surface Burning 

Characteristics of Building Materials (see Section 223.307, Fire-Retardant 

Coating) or an equivalent method approved by the CARB.

b) Fire-Resistance Rating. The fire-resistance rating of a fire-resistive coating shall 

be determined by ASTM E119-98E119-05a, Standard Test Methods for Fire Tests 

of Building Construction Materials (see Section 223.307, Fire-Resistive Coating),

or an equivalent method approved by the CARB.

c) Gloss Determination. The gloss of a coating shall be determined by ASTM 

D523-89, Standard Test Method for Specular Gloss (see Section 223.307, Flat 

Coating, Non-Flat Coating, Non-Flat High-Gloss Coating, and Quick-Dry 

Enamel), or an equivalent method approved by the CARB.
103

d) Metal Content of Coatings. The metallic content of a coating shall be determined 

by SCAQMD Method 318-95, Determination of Weight Percent Elemental Metal 

in Coatings by X-Ray Diffraction, SCAQMD Laboratory Methods of Analysis for 

Enforcement Samples (see Section 223.307, Metallic Pigmented Coating).

e) Acid Content of Coatings. The acid content of a coating shall be determined by 

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

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

(see Section 223.307, Pre-Treatment Wash Primer), or an equivalent method 

approved by the CARB.

f) Drying Times. The set-to-touch, dry-hard, dry-to-touch and dry-to-recoat times 

of a coating shall be determined by ASTM Designation D 1640-03, Standard 

Methods for Drying, Curing, or Film Formation of Organic Coatings at Room 

Temperature (see Section 223.307, Quick-Dry Enamel and Quick-Dry Primer, 

Sealer, and Undercoater). The tack free time of a quick-dry enamel coating shall 

be determined by the Mechanical Test Method of ASTM D1640-03, or an 

equivalent method approved by the CARB.

g) Surface Chalkiness. The chalkiness of a surface shall be determined using ASTM 

D4214-98 Standard Test Methods for Evaluating the Degree of Chalking of 

Exterior Paint Films (see Section 223.307, Specialty Primer, Sealer, and 

Undercoater), or an equivalent method approved by the CARB.

h) Exempt Compounds – Siloxanes. Exempt compounds that are cyclic, branched, 

or linear, completely methylated siloxanes shall be analyzed as exempt 

compounds for compliance with Section 223.340 by BAAQMD Method 43, 

Determination of Volatile Methylsiloxanes in Solvent-Based Coatings, Inks, and 

Related Materials, BAAQMD Manual of Procedures, Volume III, (see Section 

223.307, VOM content, and Section 223.340(b)).

i) Exempt Compounds - Parachlorobenzotrifluoride (PCBTF). The exempt 

compound parachlorobenzotrifluoride shall be analyzed as an exempt compound 

for compliance with Section 223.340 by BAAQMD Method 41, Determination of 

Volatile Organic Compounds in Solvent-Based Coatings and Related Materials 

Containing Parachlorobenzotrifluoride, BAAQMD Manual of Procedures, 

Volume III (see Section 223.307, VOM Vontent, and Section 223.340(b)).

j) Exempt Compounds. The content of compounds exempt under USEPA Method 

24 shall be analyzed by SCAQMD Method 303-91, Determination of Exempt 

Compounds, SCAQMD Laboratory Methods of Analysis for Enforcement 

Samples (see Section 223.307, VOM Content, and Section 223.340(b)).

k) VOM Content of Coatings. The VOM content of a coating shall be determined 

by USEPA Method 24 as it exists in Appendix A of 40 CFR 60, Determination of 

Volatile Matter Content, Water Content, Density, Volume Solids, and Weight 
104

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

approved by the CARB.

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

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

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

SCAQMD Laboratory Methods of Analysis for Enforcement Samples (see

Section 223.340(b)

m) Methacrylate Traffic Marking Coatings. The VOM content of methacrylate 

muticomponent coatings used as traffic marking coatings shall be analyzed by the 

procedures in 40 CFR 59, subpart D, appendix A, Determination of Volatile 

Matter Content of Methacrylate Multicomponent Coatings Used as Traffic 

Marking Coatings (see Section 223.360), or an equivalent method approved by 

the CARB.

IT IS SO ORDERED.

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that 

the Board adopted the above opinion and order on March 19, 2009, by a vote of 5-0.

___________________________________

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board
Dear Chairman Girard:

This is to notify you that JCAR considered the following proposed rulemaking at its 4/21/09

meeting:

Standards and Limitations for Organic Material Emissions for Area Sources (35 Iii. Adm.

Code 223)

32 Ill. Reg. 17301 - 11/7/08

If your agency has agreed to any substantive modifications during its discussions with JCAR,

they are described in the “Agreements attached to the certification. Based on these agreements,

as well as the other responses you have provided the Committee during the review of this

rulemaking, JCAR has determined that No Objection will be issued. Enclosed you will find

formal certification of this action.

The rulemaking may now be adopted upon filing with the Office ofthe Secretary of State.

Please note that the fact that the Committee has not objected to this rulemaking does not

necessarily constitute approval, expressed or implied, of the substance of the rulemaking.

Thank you for the cooperation your agency has shown during our review of these issues.

Sincerely,

t7I/;rc

Senator Maggie Crotty

Co-Chairman Co-Chairman

Skip” Saviano

SMC:RBH:DC:rm

cc: Tim Fox

Enc.

April 21, 2009

Taimer Girard, Chairman

Pollution Control BoardJames R. Thompson Center

100 W. Randolph, Suite 11-500

Chicago, Illinois 60601

RECEIVED CLERK’S OFFICE

APR 222009

STATE OF ILLINOIS POlltjon Control Board
Sources (35 III. Adm. Code 223; 32 Ill. Reg. 17301)

Changes:

1. In lines 178-192, change the subsection labels from “k” through “q” to “j’ through “p’.

2. In line 833, add quotes around “HVOC”.3. In line 1223, delete the redundant period.

4/8/09
JOINT COMMITTEE ON ADMINISTRATIVE RULES

CERTIFICATION OF NO OBJECTION

TO PROPOSED RULEMAKING

This is to certify that the Joint Committee on Administrative Rules, at its 4/21/09 meeting,

considered Standards and Limitations for Organic Material Emissions for Area Sources (35 Iii.

Adm. Code 223), proposed by the Pollution Control Board and published in the 11/7/08 issue ofthe Illinois Register. After consideration, and based upon the agreements, for modification of the

rulemaking made by the agency and attached to this document, the Committee determined thatno Objection will be issued to the above-mentioned rulemaking.

April 21, 2009

Vicki ThomasExecutive Director

Attachments: Agreements