# RECEIVED CLERK'S OFFICE 

### ILLINOIS POLLUTION CONTROL BOARD



# CHRIGINA JUN 1 1 2008



### CSTATE OF ILLINOIS

R08-17 (Rulemaking - Air)

HEARING OFFICER ORDER

Post-Hearing Comments

The second hearing in this proceeding took place Wednesday, June 4, 2008, in Chicago. The Board received the transcript of that second hearing (Tr. 2) on Tuesday, June 10, 2008, and posted it to its Web site at www.ipcb.state.il.us 

### on Wednesday, June 11, 2008.

Under Section 102.108(b) of the Board's procedural rules, "[a]ny person may submit written comments on any proposal within 14 days after the receipt of the hearing transcript in Board offices unless otherwise specified by the hearing officer or the Board." 35 III. Adm. Code 102.108(b). Any participant in this proceeding who wishes to file a post-hearing comment with the Board is directed to do so on or before Friday, July 11, 2008. See 

### Tr. 2 at 63-64. Any participant in this proceeding who wishes to file a response to a post-hearing comment with the Board is directed to do so on or before Friday, July 25, 2008. Id.


### Comments must be filed with the Board's Clerk and properly served to participants on the Service List for this proceeding. 35 Ill. Adm. Code 102.108(c). Comments and other documents may be filed electronically through the Clerk's Office On-Line (COOL) from the Board's Web site at wvvw.ipcb.state.il.us. 

### hi the event that the Board issues a proposal for first notice, the Board's procedural rules provide for an additional period of public comment. See 

### 35 Ill. Adm. Code 102.108(a), 102.604.

Notice List

In an order dated February 13, 2008, the hearing officer stated that the Board would begin this proceeding by including in the Notice List each of approximately 600 potentially affected manufacturers listed in Appendix A to the Technical Support Document filed by the Illinois Environmental Protection Agency (Agency). The Board mailed a copy of that February 13, 2008, hearing officer order and notice of hearings to each of those entities. However, the order stated that the Board would mail copies of subsequent opinions and orders only to those who specifically indicated that they wished to remain on the Notice List. The Board received this indication from approximately 40 entities, and participants can view the current Notice List through COOL. June 11, 2008

IN THE MATTER OF: )

PROPOSED NEW 35 ILL. ADM. CODE ) PART 223 STANDARDS AND ) LIMITATIONS FOR ORGANIC MATERIAL ) EMISSIONS FOR AREA SOURCES ) ollution 

### Control Board

### 2

After the Board mailed a copy of the February 13, 2008 hearing officer order and notice of hearings to each of those entities listed by the Agency, the U.S. Postal Service returned approximately 70 envelopes marked variously "Vacant," "Forwarding Order Expired," "Addressee Unknown," "Attempted – Not Known," "Moved – Left No Address," and other similar indications that mail delivery failed. In order to clarify the record in this proceeding, Attachment A to this order contains the names and addresses of the approximately 70 entities from which the U.S. Post Office returned the Board's February 13, 2008 notice of hearings and hearing officer order.

IT IS SO ORDERED.

Timothy J. Fox ‘ii.61° Hearing Officer Illinois Pollution Control Board 100 W. Randolph St., Suite 11-500 Chicago, Illinois 60601 312-814-6085 foxt@ipcb.state.il.usR 08-17: ATTACHMENT A TO HEARING OFFICER ORDVR OF JUNE 11, 2008

Business Name Physical Street

Address Line 1 US City State Physical Zip - US Only Primary SIC

8 Digit Primary SIC 8 Digit

Morton International, Inc 385 E Joe Orr Rd CHICAGO HEIGHTS ILLINOIS 60411 28910209 Adhesives

Spartan Adhesives & Coatings 345 E Terra Cotta

Ave CRYSTAL LAKE ILLINOIS 60014 28910203 Adhesives

Tyco International (us) Inc. 1423 Post Ave CARPENTERSVILLE ILLINOIS 60110 28910200 Adhesives

BASF Construction Chemicals Inc 415 E 16th St CHICAGO HEIGHTS ILLINOIS 60411 28910009 AdnesiVes and sealants

Foster Products 601 W Campus Dr

Ste C7 ARLINGTON HEIGHTS ILLINOIS 60004 28910009 Adhesives and sealants

H. B. Fuller Company 601 W Campus Dr

Ste C7 ARLINGTON HEIGHTS ILLINOIS 60004 28910009 Adhesives and sealants

H. B. Fuller Company 7351 Duvan Dr TINLEY PARK ILLINOIS 60477 2891000 '' Adhesives and sealants

Kwik Lok Inc 206 Hamilton Ave FRANKFORT ILLINOIS 60423 28910003: Adhesives and sealants River City Seacolt & Asphalt Inc PEORIA ILLINOIS 61615 28910000, . Adhesives and sealants

Elmer's Products, Inc. 505 N Rverside Dr

Ste 204 GURNEE ILLINOIS 60031 28910201 , Adhesives, paste

Bayer Cropscience Limited Partnership 122 N Euclid Ave PRINCETON ILLINOIS 61356 28790003 Agricultural chemicals, nec

Dow Agrosciences L.L.C. RR 4 MOUNT VERNON ILLINOIS 62864 28790003' Agricultural chemicals, nec

Kill Grow, Inc 408 Pacific St ESSEX ILLINOIS 60935 28790009 Agricultural chemicals, nec Westmin Corp 616 S 5th St QUINCY ILLINOIS 62301 28790009 Agricultural chemicals, nec Roads & Leads Inc 6012 Golfview Dr GURNEE ILLINOIS 60031 28510101 Colors in oil, except artists'

Page 1R 08-17: ATTACHMENT A TO HEARING OFFICER ORDJR OF JUNE 11, 2008

Barbara Salomone 1700 W Irving Park CHICAGO ILLINOIS 60613 28440500 Cosmetic preparations & Associates Rd

Leiner Health 3532 W 47th PI CHICAGO ILLINOIS 60632 28440500 Cosmetic preparations Products Inc Rw Greeff & Co 1s132 Summit Ave VILLA PARK ILLINOIS 60181 28440500 Cosmetic preparations LLC Smithkline 1702 S Halsted St CHICAGO ILLINOIS 60608 28440201" Denture cleaners Beecham Corporation Ilf Technologies, 7001 S Adams St HINSDALE ILLINOIS 60527 2843020Q Finishing agents LLC Pfizer Inc 150 W Warrenville NAPERVILLE ILLINOIS 60563 28799903: 'Fungicides, herbicides

Rd Uptown Girl 414 Main St PECATONICA ILLINOIS 61063 28449903 Manicure preparations Websternet Ltd 3511 N Lincoln Ave CHICAGO ILLINOIS 60657 28449903 Manicure preparations

FL 1 Express Grease and Oil 3115 N Western

Ave CHICAGO ILLINOIS 60618 28430100 Oils and greases

Akzo Nobel 21625 Oak St MATTESON ILLINOIS 60443 28510000 Paints and allied products Coatings, Inc Antoni Tech 225 Industrial Dr HAMPSHIRE ILLINOIS 60140 28510000 Paints and allied products Coatings Federated Paint 7719 W 60th PI ARGO ILLINOIS 60501 28510000 Paints and allied products Manufacturing Co Inc The Sherwin- 10909 S Cottage CHICAGO ILLINOIS 60628 28510000 : Paints and allied products Williams Company Grove Ave ,!

The Valspar 13825 W Bus Ctr LIBERTYVILLE ILLINOIS 60048 2851000 Paints and allied products Corporation Dr The Valspar 2841 S Ashland CHICAGO ILLINOIS 60608 28510005 Paints and allied products Corporation Ave Coronado Paint Co 2250 Arthur Ave ELK GROVE VILLAGE ILLINOIS 60007 28510100 Paints and paint additives Inc National Bronze 9945 Franklin Ave FRANKLIN PARK ILLINOIS 60131 28510105: Paints, waterproof Powder Co

Page 2R 08-17: ATTACHMENT A TO HEARING OFFICER ORD$R OF JUNE 11, 2008



### Coty Inc 1667 Sauk Dr BATAVIA ILLINOIS 60510 28440300 Perfumes and colognes E Shell Enterprises 9206 S Keating OAK LAWN ILLINOIS 60453 28440300 Perfumes and colognes

Ave Elite Management 1133 E 83rd St CHICAGO ILLINOIS 60619 2844030Q Perfumes and colognes Essence of Love 5902 S Kedzie Ave CHICAGO ILLINOIS 60629 28440300 Perfumes and colognes
Kk Fragrance & 1110 Chalet Dr DARIEN ILLINOIS 60561 28440300 Perfumes and colognes Novelties Inc APT 304 Spoiled Rotten 115 N Main St GALENA ILLINOIS 61036 28440300 Perfumes and colognes Daley, J F 2515 W 35th St CHICAGO ILLINOIS 60632 28420006

.. Polishes and sanitation goods International, Ltd S L P Holdings Inc 2272 Cornell Ave MONTGOMERY ILLINOIS 60538 28420000 Polishes and sanitation goods

Turtle Wax, Inc. 5701 W 73rd St CHICAGO ILLINOIS 60638 28420000 Polishes and sanitation goods

Turtle Wax, Inc. 5350 W 70th PI BEDFORD PARK ILLINOIS 60638 2842000Q polishes and sanitation goods
Vanguard 429 W Ohio St CHICAGO ILLINOIS 60610 28420000 Polishes and sanitation goods Chemical Corporation Nu-Look Products Inc 1458 W 38th St CHICAGO ILLINOIS 60609 28420200 Polishing preparations and related products Alhencam Seal 1887 Sangamon DECATUR ILLINOIS 62521 28910100 Sealants Coat Inc Rd Eagle Enterprises, He 14 Box E MC LEANSBORO ILLINOIS 62859 28910100 Sealants Inc Harmon Glass 3088 Hennepin Dr JOLIET ILLINOIS 60431 2891010Q • i Sealants AB Services Inc 2082 Broadway St MELROSE PARK ILLINOIS 60160 28440104 Shampoos, rinses, conditioners: hair Moss International Inc 313 Maple St OGLESBY ILLINOIS 61348 28440104 Shampoos, rinses, conditioners: hair Origins Natural Resources Inc K314 Woodfield

Mall SCHAUMBURG ILLINOIS 60173 28440104 Shampoos, rinses, conditioners: hair Origins Natural Resources Inc 845 N Michigan

Ave CHICAGO ILLINOIS 60611 28440104 Shampoos, rinses, conditioners: hair Summit Laboratories Inc 1717 E End Ave CHICAGO HEIGHTS ILLINOIS 60411 28440104 Shampoos, rinses, conditioners: hair

Page 3R 08-17: ATTACHMENT A TO HEARING OFFICER ORD(R OF JUNE 11, 2008

Diamond 740 Industrial Dr CARY ILLINOIS 60013 28410000 Soap and other detergents Detergents LLC Ste A Ecolab Inc 4607 Vandebrook WATERLOO ILLINOIS 62298 28410000 Soap and other detergents

Dr Ecolab Inc 1153 Hampton Ln MUNDELEIN ILLINOIS 60060 28410000 Soap and other detergents Kik Custom 6133 N River Rd DES PLAINES ILLINOIS 60018 28410000 Soap and other detergents Products, Inc. Ste 800 Merilyn & Friends 5566 S Shields Ave CHICAGO ILLINOIS 60621 28410000 Soap and other detergents Balenton Soapsublime 1300 Mulford St EVANSTON ILLINOIS 60202 28410000 Soap and other detergents Tech-Chem Corp 578 Rock Road Dr DUNDEE ILLINOIS 60118 28410000 Soap and other detergents

Ste 1 Chavez Cleaning 4553 N Kenton Ave CHICAGO ILLINOIS 60630 28420100 . Specialty cleaning Services Sunrise of 185 E Lake St Ste BLOOMINGDALE ILLINOIS 60108 28420100 Specialty cleaning Bloomingdale G Another8hours 220 E State St 0 FALLON ILLINOIS 62269 28430009 Surface active agents Henkel Corporation 225 W Washington CHICAGO ILLINOIS 60606 28430000 Surface active agents

St # 2200

Avon Center 656 E 75th St CHICAGO ILLINOIS 60619 28440000 Toilet preparations Conopco, Inc. 18 N State St ELGIN ILLINOIS 60123 28440009 • Toilet preparations Coty Us, LLC 980 N Michigan CHICAGO ILLINOIS 60611 28440000 Toilet preparations

Ave FL 19 Herb Mad-Mann Main & Railroad St FINDLAY ILLINOIS 62534 28440000 Toilet preparations Co Inc Prince Minerals, Inc. 1 Prince Plz QUINCY ILLINOIS 62305 28799905 Trace elements (agricultural chemicals) Christopher E Fox 426 Maple Ave AURORA ILLINOIS 60505 28420111 Window cleaning preparations

The Knockout 100 W Whitehall Dr MELROSE PARK ILLINOIS 60164 28420111 Window cleaning preparations Group Inc

•
Produced using D&B Market Insight.

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## RULES 

### OF GOVERNMENTAL AGENC ES 

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Volume 32, Issue 45 November 7, 2008 Pages 17296-17618

Index Deparfmsnl Adrninislrotive CodS'

II Emt /'Aonroe Street Snrinllllf)ld It 627516

### ILLINOIS REGISTER 17301 08 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

1) Heading of the Part : Standards and Limitations for Organic Material Emissions for Area Sources

2) Code Citation : 35 Ill. Adm Code 223

3) Section Numbers : Proposed Action : 223.100 New 223.105 New 223.120 New 223.200 New 223.201 New 223-203 New 223.205 New 223.206 New 223.207 New 223.208 New 223.209 New 223.210 New 223.220 New 223.230 New 223.240 New 223.245 New 223.250 New 223.255 New 223.260 New 223.265 New 223.270 New 223.275 New 223.280 New 223.285 New 223.300 New 223.305 New 223.307 New 223.310 New 223.320 New 223.330 New 223.340 New 223.350 New 223.360 New

### ILLINOIS REGISTER 17302 08 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

223.370 New

4) Statutory Authority : Sections 27 and 28 of the Illinois Environmental Protection Act. [415 ILCS 5/27 and 28]

5) A Complete Description of th e Subjects and Issues Involved : These regulations are proposed in order to attain the new USEP A ozone NAAQS by 2010 and to protect the health of Illinois citizens. The regulations seek to re duce volatile organic material emissions ("VOM") from various consumer products, architectural and industrial maintenance products. If adopted, the rule will take effect on January 1, 2009. These products represent significant, yet widely di ffuse, sources of VOM and are comprised of the various forms of consumer products used by individual households and small businesses. Together, these items emit a bout 10% of the total anthropogenic VOM emissions from sources in Illinois.

6) Published studies or reports, and sources of underlying data, used to compose this rulemaking : The regulatory proposal included the Illinois EPA's Technical Support Document that relied on several published studies and reports. Copies of the documents the Illinois EPA relied upon are available for review with the Pollution Control Board.

7) Will this rulemaking replace any emergency rulemaking currently in effect ? No

8) Does this rulemaking cont ain an automatic repeal date ? No

9) Does this rulemaking contain incorporations by reference ? Yes

10) Are there any other proposed rulemakings pending on this Part ? No

11) Statement of Statewide Policy Objective : This proposed rulemaking does not create or enlarge a State mandate, as defined in Secti on 3(b) of the State Mandates Act [30 ILCS 805/3(b) (2002)].

12) Time, Place, and Manner in which intere sted persons may comment on this proposed rulemaking : The Board will accept written public comment on this proposal for 45 days after the date of publication in the Illinois Register . Comments should reference Docket R09-08 and be addressed to:

John Therriault, Chief Clerk Clerk's Office

### ILLINOIS REGISTER 17303 08 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

Illinois Pollution Control Board 100 W. Randolph St., Suite 11-500 Chicago, IL 60601

Interested persons may request copies of the Board's opinion and order by calling the Clerk's office at 312-814-3620, or downlo ad from the Board's Web site at www.ipcb.state.il.us.

For more information contact Tim Fox at 312/ 814-6085 or email at foxt@ipcb.state.il.us.

13) Initial Regulatory Flexibility Analysis :
A) Types of small businesses, small muni cipalities and not for profit corporations affected : This proposed rulemaking will have a modest impact on small businesses throughout the State.

B) Reporting, Bookkeeping or other procedures required for compliance : No new forms of recordkeeping are projected tobe needed. Although a new topic for some companies, most calculations will be familiar. Standard bookkeeping and recordkeeping skills will suffice. Many larger companies are already performing the reporting, bookkeeping and comp liance duties in other states.

C) Types of professional ski lls necessary for compliance : Traditional accounting skills and recordkeeping skills will suffice. No new professional skills will be necessary.
14) Regulatory Agenda on which this rulemaking was summarized : July 2007

The full text of the Proposed Rules begins on the next page :

### ILLINOIS REGISTER 17304 08 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE B: AIR POLLUTION CHAPTER I: POLLUTION CONTROL BOARD SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS FOR STATIONARY SOURCES

PART 223 STANDARDS AND LIMITA TIONS 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 Oz one-Depleting Compounds 223.220 Requirements for Charco al Lighter Material 223.230 Exemptions 223.240 Innovative Product Exemption 223.245 Alternative Compliance Plans 223.250 Product Dating 223.255 Additional Product Dating Requirements 223.260 Most Restrictive Limit 223.265 Additional Labeling Requirements for Aerosol Adhesives, Adhesive Removers, Electronic Cleaners, Electrical Cleaners, Energized Electri cal Cleaners, and Contact Adhesives 223.270 Reporting Requirements

### ILLINOIS REGISTER 17305 08 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

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 clauseof this Part is found invalid, su ch finding shall not affect the validity of this Part as a whole or any Section, subsecti on, 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. C ode 211. The following abbreviations and acronyms are used in this Part:

ACP Alternative Control Plan Act Environmental Protection Act [415 ILCS 5]

### ILLINOIS REGISTER 17306 08 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

Agency Illinois Environmental Protection Agency ASTM American Society for Testing and Materials BAAQMD Bay Area Air Quality Management District CARB California Air Resources Board

° 

### C Degrees Celsius CFCs Chlorofluorocarbons CO 2

### Carbon Dioxide

° 

### 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-V olatile Organic Material MVOM Medium Volatility Organic Material N 2

### Nitrogen N 2 

### O Nitrous Oxide OER Original Equipment Manufacturer PCBTF Parachlorobenzotrifluoride ROC Reactive Organic Compound ROG Reactive Organic Gas SCAQMD South Coast Air Qual ity Management District USEPA United States Environmental Protection Agency VOM Volatile Organic Material

Section 223.120 Incorporations by Reference

The following materials are incorporated by reference. These incorporations do not include any later amendments or editions.

a) 40 CFR 59, subpart D, appendix A, Determination of Volatile Matter Content of Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings, 64 Fed. Reg. 35002 (June 30, 1999).

b) 40 CFR 59, subpart C, National Volatile Organic Compound Emission Standards for Consumer Products, 69 Fed. Reg. 18803 (April 4, 2004).

### ILLINOIS REGISTER 17307 08 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

c) 40 CFR 60, appendix A, Method 24, Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings, 36 Fed. Reg. 24877 (December 23, 1971).

d) 40 CFR 82, subpart A, appendix A, Cla ss I Controlled Substances, 68 Fed. Reg. 42892 (July 18, 2003) and appendix B, Class II Controlled Substances, 68 Fed. Reg. 2859 (January 21, 2003).

e) 29 CFR 1910.1200(d)(4), Hazard Communication, 61 Fed. Reg. 9245 (March 7, 1996).

f) ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken PA 19428-2959.

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

2) ASTM 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 Me thod for Chemical Resistance of Coating Used in Light-Water Nuclear Power Plants, reapproved 2001.

5) ASTM D4082-02, Test Me thod for Effects of Radi ation on Coatings Used in Light-Water Nuclear Power Plants, approved 2002.

6) ASTM D4214-98, Standard Test Me thods 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.

### ILLINOIS REGISTER 17308 08 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

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

9) ASTM D4359-90 (2006), Standard Te st Method for Determining Whether a Material is a Liquid or a Solid, reapproved 2006.

10) ASTM E260-96 (2006), Standard Practice for Packed Column Gas Chromatography, reapproved 2006.

11) ASTM E2167-01, Standard Guide for Selection and Use of Stone Consolidants (see section 4, Stone Consolidant), approved 2001.

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 Organi c Compounds in Various Materials, revised February 1996.

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

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

h) Bay Area Air Quality Management Distri ct Office, 939 Ellis Street, San Francisco CA 94109.

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

### ILLINOIS REGISTER 17309 08 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

2) BAAQMD Method 41, Determination of Volatile Organic Compounds in Solvent-Based Coatings and Related Materials Containing Parachlorobenzotrifluoride, proposed amendment February 4, 2004.

i) California Air Resources Board (CARB) Method 310, Determination of Volatile Organic Compounds in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products, amended May 5, 2005. California Air Resources Board, 1001 I Street, PO Box 2815, Sacramento CA 95812.

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

k) California Code of Regulations (CCR), title 17 § 94509(h), Standards for Consumer Products (2005).

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

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

n) 17 CCR § 94511, Innovative Products (1997).

o) 17 CCR § 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 emissi ons of volatile organi c materials (VOMs) by requiring reductions in the VOM content of consumer and commercial products.

Section 223.201 Applicability

### ILLINOIS REGISTER 17310 08 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

Except as provided in Section 223.230, this Subp art 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 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, contactpaper, wallpaper, shelf liners, or any other product with an adhesive incorporated onto or inan inert substrate. For "Contact Adhesive", adhesive does not in clude units of product, less packaging, that consist of more than one gall on. For "Construction, Panel, and Floor Covering Adhesive", and "General Purpose Adhesive", "Adhesive" does not include units of product, less packaging, that weigh more than one pound and consist of more than 16 fluid ounces. This limitation does not apply to aerosol adhesives.

"Adhesive Remover" means a product designed to remove adhesive from either a specific substrate or a variety of substrates. "Adhesive Remover" does not include products that remove adhesives intended exclusively for use on humans or animals.

For the purpose of this definition and the "Adhesive Remover" subcategories listed in this definition, the term "Adhesive" shall mean a substance used to bond one or more materials. Adhesive includes, but is not limited to, caulks, sealants, glues, or similar substances used for the purpose of forming a bond.

"Floor and Wall Covering Adhesive Remover" means a product designed or labeled to remove floor or wall co verings and associated adhesive from the underlying substrate.

"Gasket or Thread Locking AdhesiveRemover" 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

### ILLINOIS REGISTER 17311 08 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

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 s tickers, decals, stencils, or similar materials. "General Purpose AdhesiveRemover" does not include "Floor or Wall Covering Adhesive Remover".

"Specialty Adhesive Remover" me ans 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 adhe sives 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 ancill ary hoses or spray equipment. This does not include "special purpose spray adhesives", "mist spray adhesives" and "web spray adhesives".

"Aerosol Cooking Spray" means any aeros ol 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 mechanicallyinduced 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 labele d packages or containers that are intended for home

### ILLINOIS REGISTER 17312 08 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

use, use in structural pest control, or industrial or institutional use. For the purposes of this definition only:

"Home Use" means use in a househol d or its immediate environment;

"Structural Pest Contro l" means a use requiring a license under the Structural Pest Contro l Act [225 ILCS 235];

"Industrial Use" means use for or in a manufacturing, mining, or chemical process or use in the operation of factories, processing plants, and similar sites;

"Institutional Use" means use within the lines of, or on property necessary for the operation of, buildings such as hospitals, schools, libraries, auditoriums, and office complexes.

"Air Freshener" means any consumer product including, but not limited to, sprays, wicks, powders, and crystals, de signed 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 produc ts 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 channelsof distribution. "A ir Freshener" does include spray disinfectants and other produc ts that are expressly represented for use as air fresheners, except institutional and industrial disinfectants when offered for sale through institutional and industrialchannels of distribution. To determine whether a product is an air freshener, all verbal and visu al representations regarding product use on the label or packaging and in the product's literature and advertising may be considered. The pres ence of, and representations about, a product's fragrance and ability to deodori ze (resulting from surface application) shall not constitute a claim of air freshening.

"All Other Carbon-Containing Compounds " means all other compounds that contain at least one carbon atom and are not listed under Section 223.205(a) or are a "LVP-VOM".

"All Other Forms" means all consumer product forms for which no form-specific VOM standard is specified. Unless speci fied otherwise by the applicable VOM

### ILLINOIS REGISTER 17313 08 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

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 tothe provisions of this Subpart.

"Antimicrobial Hand or Body Cleaner or So ap" means a cleaner or soap that is designed to reduce the level of microorganisms on the skin through germicidal activity. This includes, but is not limited to, antimicrobial hand or body washes/cleaners, foodhandler hand wash es, 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", de odorant, "Facial Cleaner or Soap", "General-use Hand or Body Cleaner or Soap", "Hand Dishwashing Detergent" (including antimicrobial), "Heavy-duty Hand Cleaner or Soap", "Medicated Astringent/Medicated Toner", or "Rubbing Alcohol".

"Antiperspirant" means any product, including, but not limited to, aerosols, rollons, sticks, pumps, pads, creams, and squeeze-bottles, that is intended by the manufacturer to be used to reduce pers piration 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 elimin ate, prevent, or inhibit the accumulation of static elec tricity. "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 detache d, including, but not limited to, bathroom and kitchen fixtures, cabine ts, concrete forms, doors, elevators, fences, hand railings, heating equipment, air conditioning equipment, and other fixed mechanical equipment or stationary tool s, lampposts, partitions, pipes and piping systems, rain gutters and downspouts, stai rways, fixed ladders, catwalks and fire escapes, and window screens.

"Architectural Coating" means, for purpos es 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

### ILLINOIS REGISTER 17314 08 POLLUTION CONTROL BOARD

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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 app lied to the skin for the purpose of cleaning or tightening pores. This category also includes clarifiers and substrate-impregnated products. This categ ory 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 materialor dirt from motor vehicle brake mechanisms.

"Automotive Hard Paste Wax" means an automotive wax or polish that is designed to protect and improve the app earance 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 moto r vehicles without leaving a protective barrier.

"Automotive Wax, Polish, Sealant, or Gl aze" 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 e ither as an antifreez e or for the purpose

### ILLINOIS REGISTER 17315 08 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

of cleaning, washing, or wetting the winds hield. This does not include fluids placed by the manufacturer in a new vehicle.

"Bathroom and Tile Cleaner" means a produc t designed to clean tile or surfaces in bathrooms. The term does not include products designed primarily to clean toilet bowls, toilet tanks or urinals.

"Bug and Tar Remover" means a product labele d to remove either or both of the following from painted motor vehicle surfaces without causing damage to the finish: biological-type residue s such as insect carcasses, tree sap and road grime such as road tar, roadway paint markings, and asphalt.

"Carburetor or Fuel-Injecti on Air Intake Cleaners" means a product designed to remove fuel deposits, dirt, or other contaminants from a carburetor, choke, throttle body of a fuel-injection system, or asso ciated linkages, excluding products designed exclusively to be introduced directly into the fu el lines or fuel storage tank prior to introduction into the carburetor or fuel injectors.

"Carpet and Upholstery Cleaner" mean s 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 fabric s. 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 ex clusively 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 us ed with charcoal to enhance ignition. The term does not include any of the fo llowing: 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 aestheti c effect or to dramatize an ingredient.

"Construction, Panel, and Floor Covering Adhesive" means any one-component adhesive that is designed exclusiv ely 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,

### ILLINOIS REGISTER 17316 08 POLLUTION CONTROL BOARD

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drywall or drywall laminates, fiberg lass 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 fl oor or wall coverings (including, but not limited to, wood or simulated wood covering, carpet, carpet pad or cushion, vinylbacked carpet, flexible flooring materi al, nonresilient flooring material, mirror tiles and other types of tiles, and artifi cial grass). The term does not include "Floor Seam Sealer".

"Consumer" means any person who purchas es 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, co smetics, 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 archite ctural coatings. As used in this Subpart, "Consumer Product" shall also refer to"Aerosol Adhesive", including an "Aerosol Adhesive" used for consumer, industrial or commercial uses.

"Contact Adhesive" means an adhesive th at is designed for application to both surfaces to be bonded together, and is allo wed 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 pre ssure to establish full contact between both surfaces. The term does not include rubber cements that are primarily intended for use on paper substrates. "C ontact Adhesive" also does not include vulcanizing fluids that are designed and labeled for tire repair only.

"Contact Adhesive

−General Purpose" means any c ontact adhesive that is not a "Contact Adhesive

−Special Purpose".

"Contact Adhesive

−Special Purpose" means a contactadhesive that is used to bond melamine-covered board, unprimed me tal, unsupported vinyl, Teflon, ultrahigh molecular weight polyethylene, rubbe r, or high pressure laminate or wood

### ILLINOIS REGISTER 17317 08 POLLUTION CONTROL BOARD

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veneer 1/16 inch or less in thickness to any porous or nonporous surface, and is sold in units of product, le ss 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 ga soline resistance or body-side molding, automotive weatherstrip or decorative trim.

"Container/Packaging" means the part or parts of the consumer or institutional product that serve only to contain, enclose, incorporate, deliver, dispense, wrap or store the chemically formulated substance or mixture of substances that is solely responsible for accomplishing the purposes for which the product was designed or intended. This includes any article onto or into which the prin cipal display panel and other accompanying literature or graphics are incor porated, etched, printed or attached.

"Crawling Bug Insecticide" means any insecticide product that is designed for use against ants, cockroaches, or other hous ehold crawling arthropods, including, but not limited to, mites, silverfi sh 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 th e product is suitable for use against house dust mites, but does not indicate that the product issuitable 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 th at 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 y ear on which the consumer product was manufactured, filled, or packaged, or a code indicating that 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

### ILLINOIS REGISTER 17318 08 POLLUTION CONTROL BOARD

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minimize odor in the human axilla by retarding the growth of bacteria that cause the decomposition of perspiration.

For products manufactured on or after January 1, 2009: any product including, but not limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles that indi cates or depicts on the container or packaging, or on any sticker or label a ffixed 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 "De odorant Body Spray" product that indicates or depicts on the container or packaging, or on any sticker or label affixed to the container or p ackaging, that it can be used on or applied to the human axilla is a "Deodorant"

"Deodorant Body Spray" means:

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

For products manufactured on or after January 1, 2009, a "Personal Fragrance Product" with 20 percent or less fragrance, that is designed for application all over the human body toprovide a scent. A "Deodorant Body Spray" product that indicates or depicts on the container or packaging, or on any sticker or label a ffixed 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 whos e 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 hottubs, products that, as indicated on the

### ILLINOIS REGISTER 17319 08 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

principal display panel or label, are de signed primarily for use as bathroom and tile cleaners, glass cleaners, general pur pose cleaners, toilet bowl cleaners, or metal polishes.

"Double Phase Aerosol Air Freshener" mean s an aerosol air freshener with the liquid contents in two or mo re 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 labele d "dry clean only", such as clothing or drapery or "S-coded" fabrics. This includes, but is not limited to, those products used by commercial dry cleaners and co mmercial businesses that clean fabrics such as draperies at the customer's resi dence 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 labe led to remove heavy soils such as grease, grime, or oil from electrical equipment, including, but not limited to, electric motors, armatures, relays, electric panels, or generators. The term does not include "General Purpose Cleaner", "General Purpose Degreaser", "Dusting Aid", "Electronic Cleaner", "Energized Electrical Cleaner", "Pressurized Gas Duster", "Engine Degreaser", "Anti-Static Product", or product s 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", "GeneralPurpose Degreaser", "Dusting Aid", "Pressurized Gas Duster", "Engine Degreaser", "Electri cal Cleaner", "Energized Electrical Cleaner", "Anti-Static Product", or produc ts designed to clean the casings or housings of electronic equipment.

### ILLINOIS REGISTER 17320 08 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

"Energized Electrical Clean er" means a product that meets both of the following criteria:

The product is labeled to clean and/ or degrease electri cal equipment, where cleaning and/or degreasing is accomplished when electrical current exists, or when there is a residual el ectrical potential from a component, such as a capacitor.

The product label clearly displays th e statements: "Energized equipment use only. Not to be used for motori zed vehicle maintenance, or their parts."

This does not include "Electronic Cleaner".

"Engine Degreaser" means a cleaning produc t 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 fo r sale in Illinois prior to January 1, 2009 or any subsequently introduced identical formulation.

"Fabric Protectant" means a product designed tobe 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 cl ean only" and sold incontainers of 10 fluid ounces or less.

"Fabric Refresher" means a product labele d to neutralize or eliminate odors on non-laundered fabric including, but not limited to, soft household surfaces, rugs, carpeting, draperies, bedding, automotive interiors, footwear, athletic equipment, or clothing or on household furniture or objects upholstered or covered with fabrics such as, but not limited to, wool , cotton, or nylon. "Fabric Refresher" does not include "Anti-static Product", "C arpet 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.

### ILLINOIS REGISTER 17321 08 POLLUTION CONTROL BOARD

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For the purposes of this definiti on only, "Soft Household Surface Sanitizer" means a product labeled toneutralize or eliminate odors on the listed surfaces whose label is registered as a sanitizer under the Federal Insecticide, Fungicide, and Rodentic ide 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 flammab ility, such as wax-covered or waximpregnated 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 inse cticide product that isdesigned for use against fleas, ticks, their larv ae, 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, po lish, 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 unfinishe d wood floors, and coatings subject to architectural coatings regulations.

### ILLINOIS REGISTER 17322 08 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

"Floor Seam Sealer" means any produc t 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 desi gned 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 re move floor wax solely through abrasion.

"Flying Bug Insecticide" means any ins ecticide 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 prod uct 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 arti cle/component. Footwear includes both leather and nonleather foot apparel. "Footwear or Leather Care Product" does not include "Fabric Protectant", "General Purpos e Adhesive", "Contact Adhesive", "Vinyl/Fabric/Leather/Po lycarbonate Coating", "Rubber and Vinyl Protectant", "Fabric Refresher", products solely for deodorizing, or sealant products with adhesive properties used to create external protectivelayers greater than two millimeters thick.

"Fragrance" means a substance or comple x mixture of aroma chemicals, natural essential oils, and other functional com ponents with a combined vapor pressure not in excess of two mm of Hg at 20 o 

### C, the sole purpose of which is to impart an odor or scent, or to counteract a malodor.

### ILLINOIS REGISTER 17323 08 POLLUTION CONTROL BOARD

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"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 sole ly for the purpose of cleaning, and products designed to leave a permanent fini sh such as stains, sanding sealers and lacquers.

"Furniture Coating" means any paint desi gned for application to room furnishings including, but not limited to, cabinets (kitchen, bath and vanity), tables, chairs, beds, and sofas.

"Gel" means a colloid in which the di sperse phase has combined with the continuous phase to produce a semi solid material, such as jelly.

"General Purpose Adhesive" means any non-aerosol adhesive designed for use on a variety of substrates. The term does notinclude contact adhe sives, 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 specifi c 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 clean ing products designed to clean specific substrates in certain situations. This includes products designed for general floor cleaning, kitchen or countertop cleaning, and cleaner s 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 Purp ose Cleaner", "Adhesive Remover", "Electronic Cleaner", "Electrical Cleaner", "Energized Electrical Cleaner", "Metal Polish/Cleanser", products used exclusiv ely in "Solvent Cleaning Tanks or Related Equipment", or products that are so ld exclusively to es tablishments that manufacture or construct goods or commodities, and labeled "not fo r retail sale".

### ILLINOIS REGISTER 17324 08 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

"Solvent Cleaning Tanks or Related Equipment" includes, but is not limited to, cold cleaners, vapor degrea sers, 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 So ap" means a cleaner or soap designed to be used routinely on the skin to cleanor remove typical or common dirt and soils, including, but not limited to, hand or body washes, dual-purpose shampoobody cleaners, shower or bath gels, and mois turizing 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 antimic robial), "Heavy-duty Hand Cleaner or Soap", "Medicated Astringent/Medi cated 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 materi als 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 in clude "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 providelimited holding power.

"Hair Shine" means any product designed for the primary purpose of creating a shine when applied to the hair. This includes, but is not limited to, dual-use products designed primarily to impart a sheen to the hair. The term does not include "Hair Spray", "Hair Mousse", "Hair Styling Product", "Hair Styling Gel", or products whose primary purpose is to condition or hold the hair.

"Hair Spray" means:

For products manufactured before January 1, 2009, a consumer product designed primarily for the purpose of dispensing droplets of a resin on and

### ILLINOIS REGISTER 17325 08 POLLUTION CONTROL BOARD

NOTICE OF PROPOSED RULES

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 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 inte nded 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 pur poses 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 January 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 consum er product manufactured on or after January 1, 2009 that is designed or labele d for application to wet, damp or dry hair to aid in defining, shap ing, 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, po made, 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 ar e 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" m eans a product designed to clean or remove difficult dirt and soils such as o il, 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. Th e term does not include prescription drug products, "Antimicrobial Hand or Body Cl eaner or Soap", "Astringent/Toner",

### ILLINOIS REGISTER 17326 08 POLLUTION CONTROL BOARD

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"Facial Cleaner or Soap", "General-u se Hand or Body Cleaner or Soap", "Medicated Astringent/Medicated Toner" or "Rubbing Alcohol".

"Herbicide" means a pesticide product designed to kill or retard a plant's growth, but excludes products that are for agricultural use, or restricted materials that require a permit for use and possession.

"High Volatility Organic Material" or "HVOM" or "High Volatility Organic Compound" means any volatile organic material or volatile organic compound that exerts a vapor pressure greater than 80 millimeters of Mercury (mm Hg) when measured at 20 o 

### C.

"Household Product" means any consumer product that is primarily designed to be used inside or outside of living quarters or residences th at are occupied or intended for occupation by individuals, including the immediate surroundings.

"Illinois Sales" means the sales (netpounds 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 tw o 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 agri cultural use or for a use that requires a structural pe st control license under the St ructural Pest Control Act [225 ILCS 235], or restricted materi als that require a permit for use and possession.

"Insecticide Fogger" means any insecticide product designe d 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 In stitutional (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 nonprof it promotion of a

### ILLINOIS REGISTER 17327 08 POLLUTION CONTROL BOARD

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particular public, educational, or charitable cause. "Establishments" include, but are not limited to, government agencies, fact ories, schools, hospitals, sanitariums, prisons, restaurants, hotels , stores, automobile servic e and parts centers, health clubs, theaters, or transportation companies. This does not include household products and products that are incorporated into or used exclusively in the manufacture or construction of the goods or commodities at the site of the establishment.

"Label" means any written, printed, or graphic matter affixed to, applied to, attached to, blown into, formed into, molded into, embossed on, or appearing upon any consumer product or consumer product package, for purposes of branding, identifying, or giving information with respect to th e 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 evaporati on without chemical reacti on 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 th e 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 fini sh, sizing, and starch.

"Lawn and Garden Insecticide" means an insecticide product labeled primarily to be used in household lawn and garden area s to protect plants from insects or other arthropods. Notwithstanding the requir ements 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 ca pable of a visually detectable flow as determined under AS TM D-4359-90, incorporated by reference in Section 223.120, or an equivalent method approved by the California Air Resources Board. This does not includ e powders or other materials that are composed entirely of solid particles.

### ILLINOIS REGISTER 17328 08 POLLUTION CONTROL BOARD

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"Lubricant" means a product designed to reduce friction, heat, noise, or wear between moving parts, or to loosen rust ed 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 powertransfer gearboxes; two cycle oils or other products design ed 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 chemi cal material or mixture or compound that contains at least one carbon at om and meets one of the following:

Has a vapor pressure less than 0.1 mm Hg at 20 o 

### C, as determined by CARB Method 310; or

Is a chemical material or compound with more than 12 carbon atoms, or a chemical mixture comprised solely of material or a compound with more than 12 carbon atoms as verified by formulation data, and the vapor pressure and boiling point are unknown; or

Is a chemical material or compound with a boiling point greater than 216 o 

### C, as determined by CARB Method 310; or

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

### C, as determined by CARB Method 310.

For the purposes of this definition, chemical material or compound means a molecule of definite chemical fo rmula and isomeric structure, and chemical mixture means a substrate co mprised 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,

### ILLINOIS REGISTER 17329 08 POLLUTION CONTROL BOARD

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"Astringent/Toner", co ld 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 vol atile organic material or volatile organic compound that exerts a vapor pre ssure greater than two mm Hg and less than or equal to 80 mm Hg when measured at 20 o 

### C.

"Metal Polish/Cleanser" means any produc t designed primarily to improve the appearance of finished metal or metallicor metallized surfaces by physical or chemical action. To "improve the appearan ce" 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 aerosolthat is not a sp ecial purpose spray adhesive and that delivers a particle or mist spray, resu lting in the formation of fine, discrete particles that yield a generally uniform and smooth application of adhesive to the substrate.

"Multi-Purpose Dry Lubricant" means any lubricant designed and labeled to provide lubricity by depos iting a thin film of gra phite, 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 othe r laboratories. This does not include

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solvents used in cold cleaners, vapor de greasers, 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 produc t designed to clean and to remove dried food deposits from oven walls.

"Paint" means any pigmented liquid or liq uefiable 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 con cealing of surface irregularities or the modification of li ght and heat radiati on characteristics.

"Paint Remover or Stripper" means any product designed to strip or remove paints or other related coatings, by chemical ac tion, from a substrate without markedly affecting the substrate. This does not include "Multi-purpose Solvents", paint brush cleaners, products designed and labe led exclusively as "Graffiti Removers",

### ILLINOIS REGISTER 17331 08 POLLUTION CONTROL BOARD

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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 togeth er due to rusting, oxidati on, or other causes. The term does not include "Multi-purpose Lubricants" that claim to have penetrating qualities, but are not labeled primarily to loosen bonded parts.

"Personal Fragrance Product" means any 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 designe d primarily to alleviate fungal or bacterial growth on feet or other areasof the body; mouthwashes and breath fresheners and deodorizers; lotions, mois turizers, powders or other skin care products used primarily to alleviate skin conditions such as dryness and irritations; products designe d exclusively for use on human genitalia; soaps, shampoos, and products primarily used to clean the human body; and fragrance products designed to be used ex clusively 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 pl ant 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 de signed and labeled exclusively to be applied to finished photographs to allow corrective retouching, protection of the image or changes in gloss leve l, or to cover fingerprints.

"Pressurized Gas Duster" means a pressurized product labeled to remove dust from a surface solely by mean s of mass air or gas flow, including surfaces such as photographs, photographic film negatives, co mputer keyboards, and other types of surfaces that cannot be cleaned with solvents. This does not include "Dusting Aid".

"Principal Display Panel or Panels" means th at part, or those part s, of a label that are so designed as to most likely be displayed, presented, shown or examined

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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 toall such "Principal Display Panels".

"Product Brand Name" means the name of the product exactly as it appears on the principal display panel of the product.

"Product Category" means the applicable category, defined in this Section and limited in Section 223.205(a), that best describe s the product.

"Product Form" for the purpose of comp lying 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 inwhich 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 stat utes or regulations.

"Roll-On Product" means any antiperspirant or deodorant that dispenses active ingredients by rolling a we tted ball or wetted cylinder on the affected area.

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"Rubber and Vinyl Protectant" means any produc t designed to protect, preserve or renew vinyl, rubber, and plastic on vehi cles, 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 appearanceenhancing 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 relie ve minor muscle aches, as a rubefacient, and for massage.

"Rust Preventive Coating" means a co ating formulated exclusively for nonindustrial use to prevent the corrosi on 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, cl ear/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 definiti on only, "removable caulking compound" means a compound that temporarily s eals 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.

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"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 th at 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. Th e term does not include "Shaving Gel".

"Shaving Gel" means an aerosol product that dispenses a post-foaming semisolid designed to be used with a blade, cartridgerazor, 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 s ilicone compounds including, but not limited to, polydimethyl siloxane, 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 pha se and that does no t 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 AS TM D4359-90, incorporated by reference in Section 223.120, or an equivalent method approved by the California Air Resources Board.

"Special Purpose Spray Adhesive" means anaerosol 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 anaerosol adhesive designed to bond flexible vinyl to substrates. Flex ible vinyl means a nonrigid polyvinyl

### ILLINOIS REGISTER 17335 08 POLLUTION CONTROL BOARD

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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 toincrease its flexibility, workability, or distensibility, and may be determin ed 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" mean s an aerosol adhesive designed to bond together layers in mo tor 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 definiti on "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 Adhe sive" means an aerosol adhesive designed for use in motor vehicle under-the-hood applications that require oil and plasticizer resistance, aswell as high shear strength, at temperatures of 200 to 275°F.

"Spot Remover" means any product labeled to clean localized areas, or remove localized spots or stains on cloth or fabric such as drapes, carpets, upholstery, and clothing, that does not requiresubsequent laundering to achieve stain removal.

### ILLINOIS REGISTER 17336 08 POLLUTION CONTROL BOARD

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This does not include "Dry Cleaning Fluid", "Laundry Prewash", or "Multipurpose Solvent".

"Spray Buff Product" means a product designed to restore a worn floor finish in conjunction with a floor buffi ng machine and special pad.

"Stick Product" means any antiperspirant or 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 fres h or salt water and thatconforms with Federal Specification MMM-A-181D (Type 1, Grade A) and MILA-4605 (Type A, Grade A and Grade C), per the Federal Consumer Products Regulation (40 CFR 59, subpart C).

"Terrestrial" means to liveon 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 notlimited to, toilets or urinals connected to permanent plumbing in buildings and other structures, portable toilets or urinals placed at temporary or remote locations, and toilets or urinals in vehicles such as buses, recreational motor homes, boats, ships, and aircraft. This does not include "Bathroom and Tile Cleaner" or "General Purpose Cleaner".

"Type A Propellant" means a compressed gas, such as CO 2 

### , N 2 

### , N 2 

### O, or compressed air, that is used as a propellant and is either incorporated with the product or contained in a separate chamber within the product's packaging.

"Type B Propellant" means any halocarbon th at is used as a propellent, including chlorofluorocarbons (CFCs), hydrochl orofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs).

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"Type C Propellant" means any propellent 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, nonpaint layer to the undercarriag e, trunk interior, and/or firewall of motor vehicles to prevent the formation of rust or to deaden sound. This includes, but is not limited to, rubberized, mastic, or asphaltic products.

"Usage Directions" means the text or graphics on the product's principal display panel, label, or accompanying literature th at 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 fo r 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 CH 2 

### per start.

Certified Use Rate = The usage level for products approved by the Agency under Section 223.220, as determined pursuant to South Coast Air Quality Management District Rule 1174, Ignition Method Compliance Certification Protocol (February 27, 1991), expressed to the nearest 0.001 pound certified product used per start.

### ILLINOIS REGISTER 17338 08 POLLUTION CONTROL BOARD

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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 inse cts, or their hiding place.

"Waterproofer" means a product designed and labeled exclusively to repel water from fabric or leather substrates, excluding "Fabric Protectants".

"Wax" means a material or synthetic th ermoplastic substance generally of high molecular weight hydrocarbons or high mol ecular 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 toclean wooden materials, including but not limited to decking, fences, flooring, logs, cabinetry, and furniture. The term does not include "Dusting Aid", "G eneral 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 produc ts 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 manuf acture for sale in Illinois any consumer product manufactured on or after Januar y 1, 2009 that contains VOMs in excess of the limits specified in this subsection:

Affected Product % VOM by Weight

### ILLINOIS REGISTER 17339 08 POLLUTION CONTROL BOARD

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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

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 HVOM

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B) Non-Aerosol 0 MVOM 0 MVOM

7) Automotive Brake Cleaners 45

8 ) Automotive Rubbingor Polishin gCom p oun d 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

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 ) CookingS p ray– Aerosol 18

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17) Deodorants

A) Aerosol 0 HVOM 10 HVOM

B) Non-Aerosol 0 MVOM 0 MVOM
18) Dusting Aids

A) Aerosol 25

B ) All Other Forms 7
19) Engine Degreasers

A) Aerosol 35

B ) Non-Aerosol 5
20) Fabric Protectants 60

21) Floor Polishes/Waxes

A) Products for Flexible Flooring Materials 7

B) Products for Nonresilient Flooring 10

C ) Wood Floor Wax 90
22) Floor Wax Strippers see Section 223.209

23) Furniture Maintenance Products

A) Aerosol 17

B ) All Other Forms Excep t Solid or Paste 7
24) General Purpose Cleaners

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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

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E) Flying Bug (All Other Forms) 35

F) Foggers 45

G) Lawn and Garden (Aerosol) 20

H) Lawn and Garden (All Other Forms) 3

I) Wasp and Hornet 40

33) Laundry Prewash

A) Aerosols/Solids 22

B) All Other Forms 5

34) Laundry Starch Products 5

35) Metal Polishes/Cleansers 30

36) Multi-Purpose Lubricant

(Excluding Solid or Semi-Solid Products) 50

37) Nail Polish Removers 75

38) Non-Selective Terrestrial Herbicide

−Non-Aerosol 3

39) Oven Cleaners

A) Aerosols/Pump Sprays 8

B) Liquids 5

40) Paint Removers or Strippers 50

41 ) Penetrants 50

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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-Pur p ose Lubricants (Excluding Solid or Semi-Solid Products) 60

46) Spot Removers

A) Aerosol 23

B) Non-Aerosol 8

47) Tire Sealants and Inflators 20

48) Undercoatings – Aerosols 40

b) No person shall sell, supply, offer for sale, or manufacture for sale in Illinois, on or after January 1, 2009, any antiperspirant or deodorant that contains any compound listed below:

Benzene

Ethylene Dibromide

Ethylene Dichloride

Hexavalent Chromium

Asbestos

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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 chlo rinated 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 specifi ed in Section 223.205(a) must apply to the product only after the minimum recommended dilution has taken place.

b) For purposes of subsection (a) of this Section, the minimum recommended dilution shall not include recommendations for incidental use of a concentrated product to deal with limited sp ecial applications such as hard-to-remove soils or stains.

c) For consumer products for which the label, packaging, or accompanying literature states that the product should be diluted with any VOM solvent prior to use, the

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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 Inse cticide, Fungicide, and Rodenticide Act (FIFRA, 7 US C 136 through 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 § 41712(h)(2), incorporated by reference in Section 223.120, the standards for aerosol adhesives apply to all uses of aerosol adhesives, including consumer, industria l, and commercial uses. Except as otherwise provided in Sections 223.207, 223.230, 223.240, and 223.245, no person shall sell, supply, offer for sale, us e or manufacture for sale in Illinois any aerosol adhesive that, at the time of sale , use, or manufactur e, 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 th e product label indicates that the product is suitable for use on any substrat e or application no t listed in one of the definitions for Special Pur pose 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 bethe lowest applicable VOM limit specified in Section 223.205(a).

c) Effective January 1, 2009, no person shall sell, supply, offer for sale, or manufacture for use in Illinois any aeroso l adhesive that contains any of the following compounds: methylene chlo ride, perchloroethylene, or trichloroethylene.

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d) All aerosol adhesives must comply w ith the labeling requirements specified in Section 223.265.

Section 223.209 Requirements for Floor Wax Strippers

On or after January 1, 2009, no person shall sell, supply, offer for sale, or manufacture for use in Illinois any floor wax stripper unless the following requirements are met:

a) The label of each non-aerosol floor wax stripper must specify a dilution ratio for light or medium build-up of polish that results in an as-use d VOM concentration of three percent by weight or less;

b) If a non-aerosol floor wax stripper is al so intended to be used for removal of heavy build-up of polish, the label of that floor wax stripper must specify a dilution ratio for heavy build-up of po lish that results in an as-used VOM concentration of 12% by weight or less; and

c) The 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-chlo ro-2,2-difluoroe thane (CFC-114);

5) Chloropentafluoroethane (CFC-115);

6) Bromochlorodifluoromethane (Halon 1211);

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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-tetraf luoroethane (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 January 1, 2009 that complies with Section 223.205(a) or is reformulated to meet Secti on 223.205(a), provided the ozone-depleting compound content of the reformulated product does not increase.

c) The requirements in subsection (a) of this Section sh all not apply to any ozone depleting compounds that may be present asimpurities in a consumer product in an amount equal to or less than 0.01% by weight of the product.

Section 223.220 Requirements for Charcoal Lighter Material

a) No person shall sell, supply, or offe r for sale on or after January 1, 2009 any charcoal lighter material product 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.

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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 Secti on must submit to the Agency a copy of the certification decision, including all conditi ons applicable to the certification established by CARB or th e air pollution agency of another state and USEPA.

Section 223.230 Exemptions

a) This Subpart shall not apply to any c onsumer product manufactured in Illinois for shipment and use outside of Illinois, as l ong 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) fo r 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 we ight contained in any consumer product and shall not apply to colorants up to a combined level of two percent by weight contained in any antiperspirant or deodorant.

d) The requirements of Sec tion 223.205(a) for antiperspirants or deodorants shall not apply to those volatile organic material s that contain more than 10 carbon atoms per molecule and for which the vapor pressure is unknown, or that have a vapor pressure of two mm Hg or less at 20 o 

### C.

e) The VOM limits specified in Secti on 223.205(a) shall not apply to any LVPVOM.

f) The requirements of S ection 223.250 shall not apply to consumer products registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 USC 136 through 136y).

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g) The VOM limits specified in Section 223.205( a) shall not apply to air fresheners that are comprised entirely of fragrance, less compounds not defined as VOMs under Section 211.7150 or exempted under subsection (f).

h) The VOM limits specified in Section 223.205( a) shall not apply to air fresheners and insecticides containing at least 98% para-dichlorobenzene.

i) The VOM limits specified in Section 223.205( a) shall not apply to adhesives sold in containers of one fluid ounce or less.

j) The VOM limits specified in Section 223.205(a) shall not apply to bait station insecticides. For the purpose of this Section, bait station insecticides are containers enclosing an insecticidal bait that is not more than 0.5 ounce by weight, when the bait is de signed to be ingested by in sects and is composed of solid material feeding stimulants with le ss than five percent active ingredients.

Section 223.240 Innovative Product Exemption

a) Any manufacturer of consumer products that have been granted an Innovative Product exemption by the CARB under the Innovative Products provisions in 17 California Code of Regulations § 94511 or 94503.5, both incorporated by reference in Section 223.120, shall be exempt from the limits in Section 223.205(a) for the period of time that the CARB Innovative Products exemption remains in effect, provided that all consumer productswithin the CARB Innovative Products exemption are containe d in the limits in Section 223.205(a). Any manufacturer claiming such an exemp tion on this basis must submit to the Agency a copy of the CARB Innovative Product exemption decision (i.e., the Executive Order), including all conditions established by 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 af ter the expiration of the exemption. The records shall be clearly legible and maintained in good condition during this period.

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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 altern ative is provided by allowing responsible ACP parties the option of voluntarily ente ring into separate ACPs for consumer products, as specified in this Subpart. Only responsible ACP parties for consumer products may enter into an ACP.

b) Any manufacturer of consumer produc ts that has been granted an ACP Agreement by the CARB under the provisions in 17 CCR §§ 94540-94555, incorporated by reference inSection 223.120, shall be exem pt from the limits in Section 223.205(a) for the period of time that the CARB ACP Agreement remains in effect, provided that all ACP products used for emissions credits within the CARB ACP Agreement are contained in Section 223.205(a). 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 Ex ecutive Order), including all conditions established by the CARB app licable to the exemption.

c) Recordkeeping and Availabi lity of Requested Information.

1) All information specified in the ACP Agreement approving an ACP shall be maintained by the responsible ACP party for a minimum of three years after the expiration of 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 codeto indicate the date of manufacture shall not be subject to the requirements of Section 223.255(a), if the code is

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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 cont ainer or inside the cover/cap so that it is readily observabl e or obtainable by simply removing the cap/cover without irreversibly disassemb ling any part of the container or packaging. For the purposes of this s ubsection, information may be displayed on the bottom of a container as long as it is clearly legible without removing any product packaging.

e) The requirements of this Section shall not apply toproducts containing no VOMs (as defined in Section 223.203), or cont aining 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 manuf acturer. No manufacturer shall affix a date-code that is not truefor the date the item was manufactured.

b) Date-code explanations for codes indi cating the date of manufacture are public information and may not be claimed as confidential.

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Section 223.260 Most Restrictive Limit

a) Products manufactured before January 1, 2009, and FIFRA-registered insecticides manufactured before January 1, 2010. Notwithstanding the definition of product category in Section 223.203, if, anywhere on the principal display pane l of any consumer product manufactured before January 1, 2009 or any FIFRA-regist ered insecticide manufactured before January 1, 2010, any representation is made that the product may be used as, or is suitable for use as, a consumer product fo r which a lower VOC limit is specified in Section 223.205(a), then the lowest VOC limit shall apply. This requirement does not apply to general purpose cleaners , antiperspirant/deodorant products and insecticide foggers.

b) Products manufactured on or after January 1, 2009 and FIFRA-registered insecticides manufactured on or after January 1, 2010. Notwithstanding the definition of product category in Section 223.203, if, anywhere on the container or packaging of any consumer product manufactured on or after January 1, 2009 or any FIFRA -registered insecticide manufactured on or after January 1, 2010 or on any sticker or label affixed to the container or packaging, any representation is made th at the product may be used as, or is suitable for use as, a consumer product fo r which a lower VOC limit is specified in Section 223.205(a), then the lowest VOMlimit shall apply. This requirement does not apply to general purpose cleaners , antiperspirant/deodorant products and insecticide foggers.

Section 223.265 Additional Labeling Requirem ents for Aerosol Adhesives, Adhesive Removers, Electronic Cleaners, Electrical Cl eaners, Energized Electrical Cleaners, and Contact Adhesives

a) In addition to the requirementsspecified in Sections 223.250, 223.260, and 223.270, both the manufacturer and responsibleparty for each aerosol adhesive, adhesive remover, electronic cleaner, el ectrical cleaner, energized electrical cleaner, and contact adhesive product subject to this Subpart shall ensure that all products clearly display the following information on each product container manufactured on or after January 1, 2009.

1) The product category as specified inSection 223.205(a) oran abbreviation of the category shall be displayed.

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2) The applicable VOM standard for th e product that is sp ecified 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 a pplicable VOM standard specified in Section 223.205(a), the product shall belabeled with the term "ACP" or "ACP product".

4) If the product is classified as a special purpose spray adhesive, the applicable substrate and/or applicati on or an abbreviation of the substrate and/or application that qualifies th e product as special purpose shall be displayed.

5) If the manufacturer or responsible party uses an abbreviation as allowed by this Section, an explanation of the abbreviation must be filed with the Agency before the abbreviation is used.

b) The information required in Section 223.250(a) shall be displayed on the product container such that it is readily observab le without removing or disassembling any portion of the product container or packaging. For the purposes of this subsection, information may be displayed on the bottom of a container as long as it is clearly legible without removing any product packaging.

c) No person shall remove, alter, conceal, or deface the information required in subsection (a) prior to final sale of the product.

Section 223.270 Reporting Requirements

a) Within 90 days after written request by the agency, a responsible party must submit to the Agency any of the following information:

1) The name, address, and telephone numb er of the responsib le party and the name and telephone number of the party's designated contact person;

2) For each product subject to Section 223.205(a):

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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 forms listed separately; and

E) An identification of the product as a household product, institutional product, or both;

3) Separate Illinois sales in pounds per year, to the n earest pound, and the method used to calculate Illinois sales for each product form;

4) For information submitted by multiple companies, an identification of each company 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

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ii) The percent of fragrance that is all other carbon-containing compounds; and

G) Total paradichlorobenzene;

6) For each product brand name and form, the identity, including the specific chemical name and associated Chemi cal Abstract Services (CAS) number, of the following:

A) Each Section 223.205(a) compound; and

B) Each LVP-VOM that is not a fragrance; and

7) If the product includes a propellant, the following:

A) The weight percent comprised of propellant for each product; 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 su bsection (a)(6), the re sponsible party shall report or shall arrange tohave reported to the Agency, upon request, the net percent by weight of each oz one-depleting compound that is:

1) Listed in Section 223.210(a); and

2) Contained in a product subject to reporting under subsection (a) in any amount greater than 0.1% by weight.

c) In addition, all manufacturers must submit to the Agency, upon request, the information requested in subsections (a) and (b) upon commencement of the selling of each such product in Illinois.

Section 223.275 Special Recordkeeping Re quirements for Consumer Products that Contain Perchloroethylene or Methylene Chloride

a) The requirements of thisSection shall apply to a ll responsible parties for consumer products that are subjec t to Section 223.205(a) and contain perchloroethylene or methylene chlorideand energized electrical cleaners as

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defined in Section 223.203 that contain perc hloroethylene or methylene chloride. For the purposes of this Section, a product "contains perc hloroethylene or methylene chloride" if the product contains1.0% 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 written request by the agency, the responsible party shall report the following information fo r products sold in Illinois:

1) The product brand name and a copy of the product label with legible usage instructions;

2) The product category to which the consumer product belongs;

3) The applicable product fo rms (listed separately);

4) For each product form listed in subsec tion (b)(3), the total sales in Illinois during the calendar year to the neares t pound (exclusive of the container or packaging), and the method used for calculating the Illinois sales; and

5) The weight percent, to the nearest 0.1%, of 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 th e 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 productpursuant to the following criteria:

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1) Accurate manufacturing records shall be kept for each day of production of the amount and chemical co mposition 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, th e VOM content shall be calculated by subtracting the total weight of VOMs exempted under Section 223.230 per unit from the total weight of all VO Ms per unit, divided by the total net weight of unit excluding container and packaging and the product, multiplied by 100 as in the formula below:



### 100 × −
= A CB Content VOM

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 incorporat ed by reference in Section 223.120, or an equivalent method approved by the CARB.

d) Testing to determine compliance with th e certification requirements for charcoal lighter material shall be performed us ing the procedures specified in the SCAQMD Test Protocol Rule 1174, Ignition Method Compliance Certification

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Protocol, dated February 28, 1991, which is incorporated by reference in Section 223.120.

e) Testing to determine distillation point s of petroleum distillate-based charcoal lighter materials shall be 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 emissi ons 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 architect ural and industrial maintenance coatings to surfaces.

Section 223.305 Applicability



### This Subpart is applicable to any person who supplies, sells, offersfor sale, or manufactures any architectural coating for use within the State of Illinois, as well as any person who applies or solicits the application of any architectural coating within Illinois. This Subpart does not apply to:
a) Any architectural coating that is sold or manufactured for use outside of the State of Illinois or for shipment to other manufacturers for reformulation or repackaging.

b) Any aerosol coating product.

c) Any architectural coating that is sold in a container with a volume of one liter (1.057 quart) or less.

Section 223.307 Definitions for Subpart C

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

"Adhesive" means any chemical substan ce that is applied for the purpose of bonding two surfaces together other than by mechanical means.

"Aerosol Coating Product" means a pre ssurized coating product containing pigments or resins that dispenses pro duct ingredients by means of a propellant, and is packaged in a disposable can fo r hand-held application or for use in specialized equipment for ground traffic/marking applications.

"Antenna Coating" means a coating la beled 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 labe led and formulated for application to submerged stationary structures and thei r appurtenances to prevent or reduce the attachment of marine or freshwater bi ological organisms. To qualify as an "Antifouling Coating", the coating mustbe 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, cabine ts, concrete forms, doors, elevators, fences, hand railings, heating equipment, air conditioning equipment, and other fixed mechanical equipment or stationary tool s, lampposts, partitions, pipes and piping systems, rain gutters and downspouts, stai rways, 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 installati on, 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 cons idered 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 solubl e in carbon disulfide, consist mainly of

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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 flat solv ent borne coatings formulated and recommended specifically for recoating calcamine-painted ceilings and other calcamine-painted substrates.

"Clear Brushing Lacquers" means clear wood finishes, excluding clear lacquer sanding sealers, formulated with nitroce llulose or synthetic resins to dry by solvent evaporation without chemical re action and to providea solid, protective film, which are intended exclusively fo r application by brush and which are labeled as specified in Section 223.320(e).

"Clear Wood Coatings" means clear and semi-transparent co atings, 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 limite d 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 tofreshly poured concre te to retard the evaporation of water.

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"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 th e 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 twocomponent product. Conversion varnishes produce a hard, durable, clear finish designed for professional application to wood flooring. Film formation is the result of an acid-catalyzed condensation reaction, affecting a transetherification at the reactive ethers of the amino resins.

"Dry Fog Coating" means a coating la beled and formulated only for spray application such that overspray droplet s dry before subsequent contact with incidental surfaces in the vicinityof 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 bedetermined by USEPA Method 24 or South Coast Air Quality Management District (SCAQMD) Method 303-91 (Revised February 1993), incorporat ed 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 inte grity by increasing the fire endurance of interior or exterior steel and other structural material s 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-re sistive coating and the testing agency must be approved by building code official s. The fire-resistive coating shall be tested in accordance with ASTM E119-98, incorporated by reference in Section 223.120.

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"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 unde r any other definition in this Section and that registers gloss le ss than 15 on an 85-degree meter or less than five on a 60-degree meter according to ASTM D523-89 (1999), incorporated by reference in Section 223.120.

"Floor Coating" means an opaque coating that is labeled and formulated for application to flooring, including, but not limited to, decks, porches, steps, and other horizontal surfaces that may be subjected to foot traffic.

"Flow Coating" means a coating labeled and formulated exclusively for use by electric power companies or their subc ontractors to maintain the protective coating systems present on utility transformer units.

"Form-Release Compound" means a co ating labeled and formulated for application to a concrete form to prevent the freshly poured concrete from bonding to the form. The form may consis t of wood, metal, or some material other than concrete.

"Graphic Arts Coating or Sign Paint" mean s a coating labeled and formulated for hand-application by artists using brush or roller techniques to indoor and outdoor signs (excluding structural components) and murals, including letter enamels, poster colors, copy blockers, and bulletin enamels.

"High-Temperature Coating" means a high performance coating, excluding engine paint, labeled and formulated for application to substrates exposed continuously or intermittently to temperatures above 204°C (400°F).

"Impacted Immersion Coating" means a high performance maintenance coating formulated and recommended for application to steel structures subject to immersion in turbulent, debris-laden water. These coatings are specifically resistant to high-energy impact damage by floating ice or debris.

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"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 labe led as specified in Section 223.320(d):

Immersion in water, wastewater, orchemical solutions (aqueous and nonaqueous 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 struct ures and structural components.

"Lacquer" means, for purposes of this S ubpart, a clear or opaque wood coating, including clear lacquer sanding sealers, formulated with cellulosic or synthetic resins to dry by evaporati on without chemical reacti on 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 le ss 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 irre gularities, and is applied in a single coat of at least 10 mils (0.010 inch) dry film thickness.

"Metallic Pigmented Coating" means a co ating containing at least 48 grams of elemental metallic pigment per liter of coating as a pplied (0.4 pounds per gallon),

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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 glo ss of 15 or greater on an 85-degree meter and five or greater on a 60-degree meter according to ASTM D523-89, incorporated by reference in Section 223.120, or an equivalent method approved by the CARB.

"Non-Flat High-Gloss Coating" means a non-fl at coating that registers a gloss of 70 or above on a 60-degree meter according to ASTM D523-89, incorporated by reference into Section 223.120, or an equivalent method approved by the CARB.

"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 railroad s; 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 conc rete) that otherwise would be subject to intrusions by radioactive materials. Thes e coatings must be resistant to long-term (service life) cumulative radiation exposure (ASTM D4082-02), incorporated by reference in Section 223.120, relatively eas y to decontaminate, and resistant to various chemicals to which the coatings are likely to be exposed (ASTM D3912- 95, incorporated by reference in Section 223.120).

"Post-Consumer Coating" means a fini shed coating that would have been disposed of in a landfill, having comple ted its usefulness to a consumer, and does not include manuf acturing wastes.

"Pre-Treatment Wash Primer" means a primer that contains a minimum of 0.5 acid, by weight, when tested in accordan ce 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

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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 labele d as specified in Section 223.320(h) and that is formulated to have the following characteristics:

Is capable of being applied direc tly 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 co ating formulated such that not less than 50 percent of the total weight c onsists of secondary and post-co nsumer coating, with not less than 10 percent of the total weight consisting of post-consumer coating.

"Residence" means areas where people resideor lodge, including, but not limited to, single and multiple family dwellings, condominiums, mobile homes, apartment complexes, motels, and hotels.

"Roof Coating" means a nonbituminous coating labeled and formulated exclusively for application to roofs for the primary purpose of preventing penetrati on of the substrate by water or reflecting heat and ultraviolet radiation. Metallic pigmented roof coatings that qualify as metallic pigmented coatings shall no t be considered in this category, but shall be considered to be in the metallic pigmented coatings category.

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"Rust Preventive Coating" means a coating fo rmulated 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 createa 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 mo re of the following purposes: to prevent subsequent coatings from being absorbed by the substrate, or to prevent harm to subsequent coatings by mate rials in the substrate.

"Secondary Coating (Rework)" means a fragmentof a finished coating or a finished coating from a manufacturing process that ha s converted resources into a commodity of real economic value, but does not include excess virgin reso urces of the manufacturing process.
"Shellac" means a clear or opaque coating formulated solely with th e resinous secretions of the lac beetle (Laciffer lacca), thinned withalcohol, 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 subs trate to seal fire, smoke, or water damage; to condition excessively chalky surfaces; to seal in efflorescence; or to block stains . An excessively chalky surfa ce is one that is defined as having a chalk rating of four or less as determined by ASTM D4214-98, incorporated by reference in Section 223.120, or an e quivalent 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.

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"Stone Consolidant" means a coating that islabeled and formulated for application to stone substrates to repair hi storical structures that have been dama ged by weathering or other decay mechanisms. "StoneConsolidants" must penetrate into stone substrates to create bonds between partic les 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 labele d and formulated to co at the interior of swimming pools and to resistswimming pool chemicals.

"Swimming Pool Repair and Maintenance Coating" mean s a rubber-based coating labeled and formulated to be used over exis ting rubber-based coatings for the repair and maintenance of swimming pools.

"Temperature-Indicator Safety Coating" mean s a coating labeled and formulated as a color-changing indicator 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 othe r structural surfaces and that incorporates no less than 40 percent by weight of thermopl astic rubbers in the total resin solids and may also contain other ingredients, including, but not limited to, fillers, pigments and modifying resins.

"Tint Base" means an architectural coating to which colorant is added after packaging in sale units to produ ce a desired color.

"Traffic Marking Coating" means a coating labeled and formulated for marking and striping streets, highways, or other traffic surfaces, including, but not limited to, curbs, berets, driveways, parking lots, sidewalks, and airport runways.

"Undercoater" means a coating labeled and formulated to provide a smooth surface for subsequent coatings.

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"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 surf ace, 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 specif ied in Section 223.340(a).

"Waterproofing Concrete/Masonry Sealers" means clear or pigmented sealers that are formulated for sealing concrete and masonry to provide resistance against water, alkalis, acids, ultraviolet light, or staining.

"Waterproofing Sealer" means a coating labe led and formulated for application to a porous substrate for the primary purpose of preventing the penetration of water.

"Wood Preservative" means a coating labeled and formulated to protect exposed wood from decay or insect attack that is registered with 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 appl ication or apply within Illinois, any architectural coating manufactured on or after January 1, 2009 that contains a VOM content in excess of the co rresponding limit specified below:

Coating Category VOM Content Limit Grams/Liter (Pounds/Gallon)


### 1) Flat Coatings 100 (0.8)

2) Non-Flat Coatings 150 (1.3)

3) Non-Flat High-Gloss Coatings 250 (2.1)

Specialty Coatings

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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)

11) Concrete Curing Compounds 350 (2.9)

Concrete Surface Retarder 780 (6.5)

12) Conversion Varnish 725 (6.0)

13) Dry Fog Coatings 400 (3.3)

14) Faux Finishing Coatings 350 (2.9)

15) Fire-Resistive Coatings 350 (2.9)

16) Fire-Retardant Coatings

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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)

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)

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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)

BOARD NOTE: Conversion factor: onepound VOM per gallon (U.S.) = 119.95 grams per liter.

b) Limits are expressed in grams of VO M per liter of coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water, exempt compounds, or colorant added to tint bases. "Manufacturers maximum

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recommendation" means the maximum r ecommendation for thinning that is indicated on the label or lid of the coating container.

c) Most Restrictive VOM Limit. If anywhere on the container of any architectural coating, or any label or sticker affixe d to the container, or in any sales, advertising, or technical literature supplied by a manuf acturer 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 provisi on 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;

14) Bituminous roof primers;

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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 th e 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 applicatio n containers. Cont ainers of any VOMcontaining materials used for thinning and cleanup shall also be closed when not in use.

e) Thinning. No person who applies or soli cits the application of any architectural coating shall apply a coating that is thinned to exceed the applicable VOM limit specified in subsection (a).

f) Rust Preventive Coatings. No person sh all 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 corre sponding flat or non -flat coating limit shall apply.

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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 inwhich the coating is sold or distributed (or on its label).

a) Date-code. The date the coating was manufactured, or a date-code representing the date, shall be indicated on the label, lid or bottom of the container. If the manufacturer uses a date-code for any co ating, the manufactur er shall file an explanation of each code with the Agency upon request.

b) Thinning Recommendations. A statement of the manufacturer's recommendation regarding thinning of the co ating shall be indicated on the label or lid of the container. This requirement does not apply to the thinni ng of architectural coatings with water. If thinning of the coating prior to use is not necessary, the recommendation must specify that the coating is to be applie d 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 cont ent shall be displayed in grams of VOM per liter of coating. VOM content displayed shall becalculated 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".

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e) Clear Brushing Lacquers. The labelsof all clear brushing lacquers shall prominently display the statements "F or brush application only" and "This product must not be thinned or sprayed".

f) Rust Preventive Coatings. The labels of all rust preventive coatings shall prominently display the statement "For Metal Substrates Only".

g) Specialty Primers, Sealers, and Undercoaters. The labels of all specialty primers, sealers, and undercoaters shall prominently display one or more of the following descriptions:

1) "For blocking stains";

2) "For fire-damaged substrates";

3) "For smoke-damaged substrates";

4) "For water-damaged substrates";

5) "For excessively chalky substrates".

h) Quick-Dry Enamels. The labels of all quick dry enamels shall prominently display the words "Quick Dry" and the dry hard time.

i) Non-Flat High-Gloss Coatings. The la bels of all non-flat high-gloss coatings shall prominently display the words "High Gloss."

j) Stone Consolidants. Effective January 1, 2010, the labels of al l 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:

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1) The number of gallons of clear brus hing lacquers sold in the State during the preceding calendar year; and

2) The method used by the 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. With 90 days after written request by the Agency, each manufacturer of specialty primers, sealers, and undercoaters shall report the following informati on for products sold in Illinois:

1) The number of gallons of specialty primers, sealers, and undercoaters sold in the State during the preceding calendar year; and

2) The method used by the manufacturer to calculate State sales.

d) Toxic Exempt Compounds. For each architectural coating that contains perchloroethylene or methylene chloride, within 90 days after written request by the Agency, the manufacturer shall report the following information for products sold in Illinois:

1) The product brand name and a copy of the product label with legible usage instructions;

2) The product category listed in S ection 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 pe rchloroethylene and methylene chloride in the coating.

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e) Recycled Coatings.

1) Within 90 days after written reque st 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 re quest by the Agency, each recycled coatings manufacturer shall report th e 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 manufact urer to calculate State sales.

f) Bituminous Coatings. Within 90 days after written request by the Agency, each manufacturer of bituminous roof coatingsor bituminous roof primers shall report the following information for products sold in Illinois:

1) The number of gallons of bituminousroof 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 Cont ent. 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 th inned to the manuf acturer's maximum recommendation, excluding the vo lume of any water and exempt compounds. Determine the VOM content as follows:

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## ( ) ( ) VemVwVm WemWwWs s VOMcontent

−− − −
=



### 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 vo lume of any water and exempt compounds. Determine the VOM content as follows:


## ( ) ( ) ( ) Vm WemWwWs s VOMcontent − −
= 

### 1

Where:

VOM content = the VOM content of a low solids coating in grams per liter of coating Ws = weight of volatiles, in grams Ww = weight of water, in grams Wem = weight of exempt materials, in grams Vm = volume of coating, in liters

b) VOM Content of Coatings. To determin e the physical properties of a coating in order to perform the calculations in subsection (a), the reference method for VOM content is USEPA Method 24, incorporated by reference in Section 223.120, except as provided in Sections 223.350 and 223.360. An alternative method to determine the VOM content of coatings is SCAQMD Method 304-91, incorporated by reference in Section 223.120. The exempt compounds content shall be determined by SCAQMD Method 303-91, incorporated by reference in Section 223.120. To determine the VOM c ontent of a coating, the manufacturer may use USEPA Method 24, or an equivale nt alternative method as provided in Section 223.350, formulation data, or any other reasonable means for predicting

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that the coating has been formulated asintended (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 coatingsused as traffic marking coatings shall be conducted according to a modification of USEP A Method 24, incorporated by reference in Section 223.120, or an equivalent method approv ed by the CARB. This method has not been approved for methacrylate multi-component coatingsused 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 re ference in Section 223.120 and shall be used to test coatings subject to th e 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 Material s (see Section 223.307, Fire-Retardant Coating), or an equivalentmethod approved by the CARB.

b) Fire-Resistance Rating. The fire-resistance rating of a fire-resistive coating shall be determined by ASTM E119-98, Standard Test Methods for Fire Tests of Building Construction Material s (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 Sp ecular Gloss (see Section 223.307, Flat

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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, SCAQM D Laboratory Methods of Analysis for Enforcement Samples (see Section 223.307, Metallic Pigmented Coating).

e) Acid Content of Coatings. The acid c ontent of a coating shall be determined by ASTM D1613-03, Standard Test Method fo r Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer and Related Products (see Section 223.307, Pre-Treatment Wash Primer), or an equivalent method approved by the CARB.

f) Drying Times. The set-to-touch, dry- hard, dry-to-touch and dry-to-recoat times of a coating shall be determined by ASTM D1640-03, Standard Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature (see Section 223.307, Quick-Dry Enamel and Quick-Dry Primer, Sealer, and Undercoater). The tack free time of a quick-dry enamel coating shall be determined by the Mechanical Test Method of ASTM D1640-03, or an equivalent method approved by the CARB.

g) Surface Chalkiness. The chalkiness of a surface shall be determined using ASTM D4214-98, Standard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films (see Section 22 3.307, Specialty Primer, Sealer, and Undercoater), or an equivalent method approved by the CARB.

h) Exempt Compounds – Siloxanes. Exem pt compounds that are cyclic, branched, or linear, completely methylated silo xanes shall be analyzed as exempt compounds for compliance with Sec tion 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

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NOTICE OF PROPOSED RULES

Containing Parachlorobenz otrifluoride, BAAQMD Manual of Procedures, Volume III (see Section 223.307, VOM Content, and Section 223.340(b)).

j) Exempt Compounds. The content of compounds exempt under USEPA Method 24 shall be analyzed by SCAQMD Method 303-91, Determination of Exempt Compounds, SCAQMD Laboratory Methods of Analysis for Enforcement Samples (see Section 223.307, VOM Content, and Section 223.340(b)).

k) VOM Content of Coatings. The VOM c ontent of a coating shall be determined by USEPA Method 24 as it exists in Appe ndix A of 40 CFR 60, Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings (see Section 223.340(b)), or an equivalent method approved by the CARB.

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.!EPA ATTACHMENT NO. 

# iL Electronic Filing

- Received, Clerk"s Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: ) ) PROPOSED NEW 35 ILL. ADM. CODE ) 

### PART 223 STANDARDS AND ) LIMITATIONS FOR ORGANIC ) MATERIAL EMISSIONS FOR AREA ) SOURCES ) ) R08

- 017 (Rulemaking

- Air)

NOTICE

TO:

John Therriault, Assistant Clerk Illinois Pollution Control Board State of Illinois Center 100 West Randolph, Suite 11-500 Chicago, Illinois 60601

SEE ATTACHED SERVICE LIST

PLEASE TAKE NOTICE that I have today filed with the Office ofthe Pollution Control Board the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY'S TillRD ERRATA SHEET TO ITS PROPOSAL FOR THE ADDITION OF 35 ILL. ADM. CODE 223 and the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY'S POST-HEARING COMMENTS TO THE JUNE 4, 2008 HEARING ON THE PROPOSAL FOR THE ADDITION OF 35 ILL. ADM. CODE 223 a copy of which is herewith served upon you.

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

By:

_ Charles E. Matoesian Assistant Counsel Division of Legal Counsel

DATED: July 10, 2008

1021 North Grand Avenue East Springfield, Illinois 62794-9276 217.782.5544 217.782.9143 (TDD)Electronic Filing

- Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: ) ) PROPOSED NEW 35 ILL. ADM. CODE ) PART 223 STANDARDS AND ) LIMITATIONS FOR ORGANIC ) MATERIAL EMISSIONS FOR AREA ) SOURCES ) ) R08

- 017 (Rulemaking

- Air)

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY'S THIRD ERRATA SHEET TO ITS PROPOSAL FOR THE ADDITION OF 35 ILL. ADM. CODE 223

NOW COMES the Illinois Environmental Protection Agency ("Illinois EPA"), by

and through its attorney Charles E. Matoesian, and submits this Third Errata Sheet to its

proposal for the addition of 35 Ill. Adm. Code 223. The Illinois EPA proposes the

following amendments to the text of the rules submitted in its proposal to the Board dated

January 2,2008:



### 1. Amend Section 223.105 to clarifY the abbreviations and acronyms. Several are no longer necessary as Subpart D is being withdrawn.

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 Act Agency ASTM BAAQMD CARB °C CFCs C02 

### OF
FDA Alternative Control Plan Environmental Protection Act [415 ILCS 5/1 et seq .] Illinois Environmental Protection Agency American Society for Testing and Materials Bay Area Air Quality Management District California Air Resources Board Degrees Celsius Chlorofluorocarbons Carbon Dioxide Degrees Fahrenheit United States Food and Drug AdministrationElectronic Filing

- Received, Clerk"s Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

FIFRA



### FRP HVOM HCFCs HFCs LVP-VOM MIR MVOM 

### Nz NzO OER PCBTF PWMIR ROC ROG SCAQMD USEPA ULKR ULMIR ULMR VOM Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§136 through 136y Fiberglass reinforced plastic High Volatility Organic Material Hydroch1orofluorocarbons H ydrofluorocarbons Low Vapor Pressure

- Volatile Organic Material Maxim-e,m Incremental Reactivity Medium Volatility Organic Material Nitrogen Nitrous Oxide Original Equipment Manufacturer Parach1orobenzotrifluoride Product Weighted Maximum Incremental Reactivity Reactive Organic Compound Reactive Organic Gas South Coast Air Quality Management District United States Environmental Protection Agency Upper Limit Kinetic Reactivity Upper Limit Maximum Incremental Reactivity Upper Limit Mechanistic Reactivity Volatile Organic Material

2. Amend Section 223.120 to clarifY the incorporations by reference. Several inconsistencies were inadvertently included in the proposed rule.

Section 223.120 Incorporations by Reference

The following materials are incorporated by reference. These incorporations do not include any later amendments or editions.

40 CFR 59, Subpart D, Appendix A, Determination of Volatile Matter Content of Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings, 64 Fed. Reg. 35002 (June 30, 1999).

b) 40 CFR 59, Subpart C, National Volatile Organic Compound Emission Standards for Consumer Products, 69 Fed. Reg. 18803 (Apri14, 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).Electronic Filing

- Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

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 American Society for Testing and Materials (i\STM), 1916 Race Street, Philadelphia, PA, 19103.

1) ASTM El19-05a, Standard Test Methods for Fire Tests of Building Construction and Materials, approved November 1,2005.

2) ASTM Designation D523-89(l999), Standard Test Method for Specular Gloss, reapproved May 10, 1999.

3) ASTM D 1640-03, Standard Test Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature, approved December 1, 2003.

4) ASTM Method D 3912-95(2001), Test Method for Chemical Resistance of Coating Used in Light-Water Nuclear Power Plants, reapproved 2001.

5) ASTM Method D 4082-02, 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 D5043 04, Standard Test Methods for Field Identification of Coatings, approved 2004.Electronic Filing. Received, Clerk"s Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * ***ill~** ASTM E2167-01,**~Standard** Guide for Selection and Use of Stone**Consolidants~** (see section 4, Stone Consolidant), approved 2001.

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

13) ASTM D86-07b, Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure, approved 2007

g) South Coast Air Quality Management District, 21865 Copley Dr., Diamond Bar CA 91765.

1) South Coast Air Quality Management District (SCAQMD) Method 304-91, Determination of Volatile Organic Compounds in Various Materials, revised February 1996.

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

SCAQMD Method 318-95, Determination of Weight Percent Elemental Metal in Coatings by X-Ray Diffraction, approved August 10, 1998.

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



## 12 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.


## 21 BAAQMD Method 41, Determination of Volatile Organic Compounds in Solvent-Based Coatings and Related Materials Containing Parachlorobenzotrifluoride, amended May 18, 2005.



## liB 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 95812Electronic Filing. Received, Clerk"s Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *



### D.mj- SCAQMD Rule 1174, Ignition Method Compliance Certification Protocol (February 27, 1991).



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

# net California Code, Health and Safety Code, § 4l7l2(h)(2) (2005).


## mli» Cal. Admin. Code title 17, Article 4, Alternate Control Plan §§ 94540- 94555, (1996).


## ru€l1 Cal. Admin. Code title 17 § 94511, Innovative Products (1997).

Q}l'j Cal. Admin. Code title 17 § 94503.5, Innovative Products (1996).



## Itlsf 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.


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

3. Amend Section 223.203 to clarifY the definitions of certain words. Several clarifications need to be made.

"Colorant" means for purposes of this Subpart Subpart B, any pigment or coloring material used in a consumer product for an aesthetic effect, or to dramatize an ingredient. For purposes of Subpart C, "Colorant" means 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.

"Lacquer" means for purposes of Subparts B and C 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. For purposes of Subpart D of this Part, "Lacquer" means a thermoplastic film forming material dissolved in organic solvent, vArich dries primarily by solvent evaporation, and is resoluble in its original solvent.

"Liquid" means a substance or mixture of substances which is capable of a visually detectable flow as determined under ASTM D-4359-90 ASTM D 4359 90(2000)el, 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.Electronic Filing· Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

"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(2000)e1, 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 ASTM Method E260 91, 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.Electronic Filing· Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

"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 ashigh shear strength, at temperatures of 200

- 275 degrees F.

"VOM Content" means, for purposes of Subpart B of this Subpart, except for charcoal lighter products, the total weight ofVOM 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).

4. Amend Section 223.208 to strike the second reference to Section 223.207. The citation

was inadvertently repeated in the proposed rule.

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, and 223.207, 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.

5. Amend Section 223.250 to clarifY the Product Dating requirements. The requirement that the date code be displayed 

### 12 months prior to the effective date of the rule was inadvertently left in the proposed rule.

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,Electronic Filing

- Received, Clerk"s Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

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 ofthe 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 twelve months prior to 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 w.eight or less.

6. Amend Section 223.255 to clarifY the Product Dating requirements. The requirement that the date code be displayed 12 months prior to the effective date of the rule was inadvertently left in the proposed rule.

Section 223.255 Additional Product Dating Requirements

a) If a manufacturer uses a code other than specified in 223.250(b) indicating the date of manufacture for any consumer product subject to Section 223.205(a), an explanation of the date portion of the code must be filed "'lith the Agency no later than 12 months prior to the effective date of the applicable standard specified in Section 223.205.

b) If a manufacturer changes any code indicating the date of manufacture for any consumer product subject to Section 223.255(a), an explanation of the modified code must be submitted to· the Agency before any products displaying the modified code are sold, supplied, or offered for sale in Illinois.

£6) 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.Electronic Filing

- Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *



### he:) Date code explanations for codes indicating the date of manufacture are public information and may not be claimed as confidential.

7. Amend Section 223.285 (c) and (e) to correct the citation to the ASTM and reconcile it with the version which was incorporated by reference.

c) Testing to determine whether a product is a liquid or solid shall be performed using ASTM D4359-90 (2000)e1, which is incorporated by reference in Section 223.120

or an equivalent method approved by the CARB.

e) Testing to determine distillation points of petroleum distillate-based charcoal lighter materials shall be performed using ASTM D86-07b, 2007, ASTM Dg6 04b, 2GG4edition, which is incorporated by reference in Section 223.120 or an equivalent method approved by the CARB.

8. Amend Section 223.307 to correct certain misspellings in definitions and ASTM references. These errors were inadvertently left in the rule. An "s" was inadvertently added to the word "born" in the definition of "Calcamine Recoaters. "

"Calcamine Recoaters" means a flat solvent boms coatings formulated and recommended specifically for recoating calcamine-painted ceilings and other calc amine-painted substrates.

"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 

### -84-99, incorporate by reference in Section 223.120.

"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 40g2 g9], relatively easy to decontaminate, and resistant to various chemicals to which the coatings are likely to be exposed [ASTM Method D 3912-953912 gO].

"VOM Content" means the weight ofVOM per volume of coating, calculated according to the procedures specified in subsection 223.340(a) 223.400(a).

"Varnish" means a clear or semi-transparent 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 fetalElectronic Filing

- Received, Clerk"s Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

sheen or gloss of the finish.

9. Amend Section 223.307 to add the definitions of certain words. Several clarifications need to be made.

"Colorant" means for purposes of this Subpart, "Colorant" means 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.

"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.

"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."

10. Amend Section 310(a) to include "Concrete Surface Retarder" under the most restrictive limit subsection of the rule at the appropriate place. This was inadvertently omitted from the proposal.

11 a. Concrete Surface Retarder nOg/l (6.5)

11. Amend Section 310(c) to include "Concrete Surface Retarder" under the most restrictive limit subsection of the rule at the appropriate place. This was inadvertently omitted from the proposal.

21. Concrete Surface Retarder

12. Amend Section 223.370 to clarify that the various test methods specified were incorporated by reference. The notation was inadvertently omitted from the proposed rule.

a) Flame Spread Index. The flame spread index of a fire-retardant coating shall be determined by the ASTM Designation E 84-07 

### -&4-99, "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.

e) Acid Content of Coatings. The acid content of a coating shall be determined by ASTM Designation D 1613-03 1613 96, "Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates UsedElectronic Filing· Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

in Paint, Vamish, 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 1640-03 164 

# ° 95, "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, QuickDry 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 1640-03 164 

# ° 95 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, adopted Mayl8, 2005 November 6, 1996, as incorporated by reference in Section 223.120, (see Section 223.307, YOM content Volatile Organic Material, 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 223.400 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 May 18,2005 December 20, +99-5-, as incorporated by reference in Section 223.120, (see Section 223.307, YOM content Volatile Organic Material, and subsection 223.340(b)).

m) Methacrylate Traffic Marking Coatings. The YOM 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 September 11, 1999), as incorporated by reference in Section 223.120, (see subsection 223.360) or an equivalent method approved by the CARB.



### 13. Strike the whole of Subpart D from the rule, including references in the index to the rule. The USEP A has promulgated an identical rule concerning "Aerosol Coatings" thus mooting the proposed Subpart D.Electronic Filing

- Received, Clerk's Office, July 10, 2008



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SUBPAR:r D: l\EROSOL COATINGS

Section 223.400 223.105 223.407 223.410 223.420 223.430 223.410 223.450 223.460 Purpose Applicability Definitions for Subpart D Limits and**R~quirements** for ,'\:&osol Coating Products Exemptions Most Restrictiye Limit Labeling Requirements Reporting Requirements Test Methods

***

SUBPART D: AEROSOL COATINGS

Seetion 223.400 Purpose

The purpose of this Subpart is to limit emissions ofyolatile organic materials (VOMs) by requiring reductions in the 'lOM content of Aerosol Coating products.

Seetion 223.405

This Subpart shall apply to any person v/ho sells, supplies, offers for sale, applies, or manufactures a&osol coating products for use in the state of Illinois, except as provided in Section 223.420.

Seetion 223.407 Definitions for Subpart D

The definitions contained in this Section apply only to the provisions of this Subpart. Unless othep,yise defined herein, the definitions of terms used in this Subpart shall have the meanings specified for those terms in 35 Ill. 2\dm. Code Part 211.

"Adhesiye" means a product used to bond one surface to another.

"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 trafficlmarking applications.

"lillti Static Spray" means a product used to prevent or inhibit the accumulation of static electricity.Electronic Filing

- Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * **

"Art Fixative or Sealant" means a clear coating, including art varnish, workable art fixative, and ceramic coating, 'Nhich is designed and labeled exclusively for application to paintings, pencil, chalk, or pastel drav/ings, ceramic art pieces, or other closely related art uses, in order to provide a final protective coating or to fix preliminary stages of artvlOrk ';'{hile providing a workable surface for subsequent reVISIons.

"AHto Body Primer" means an aHtomotive primer or primer surfacer coating designed and labeled exclusively to be applied to a vehicle body substrate for the
purposes of corrosion resistance and building a repair area to a condition in which, after drying, it can be sanded to a smooth surface.

"Automotive Bumper and Trim Product" means a product, including adhesion promoters and chip sealants, designed and labeled exclusively to repair and refinish automotive bumpers and plastic trim parts.

"Automotive Underbody Coating" means a flexible coating which contains asphalt

or rubber and is designed and labeled exclusively for use on the wderbody of
motor vehicles to resist rust, abrasion and vibration, and to deaden sOHnd.

"Aviation Propeller Coating" means a coating designed and labeled exclusively to provide abrasion resistance and corrosion protection for aircraft propellers.

"Aviation or Marine Primer" means a coating designed and labeled exclusively to meet federal specification TT P 1757.

"Base Reactive Organic Gas Mixture" (Base ROG Mixture) means the miJeture of reactive organic gases utilized in deriving the MIR scale.

"Belt Dressing" means a prodHct applied on auto fan belts, "vater pump belting, pov/er transmission belting, and industrial and farm machinery belting to prevent slipping, and to extend belt life.

"Cleaner" means a proooct designed and labeled primarily to remove soil or other contaminants from surfaces.

"Clear Coating" means a coating which is colorless, containing resins but no pigments**e~wept** flatting agents, and is designed and labeled to form a transparent

or translHcent solid film.

"Coating Solids" means the nonvolatile portion of an aerosol coating proooct, consisting of the film forming ingredients, incillding pigments and resins.

"Commercial Application" means the use of aerosol coating prooocts in the production of goods, or the providing of services for profit, including touch Hp and repatF;Electronic Filing

- Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

"Corrosion Resistant Brass, Bronze, or Copper Coating" means a olear coating designed and labeled C]colusively to prevent tarnish and corrosion of uncoated brass, bronze, or copper metal surfaces.

"Distributor" means any person to whom a consumer product is sold or supplied for the purposes of resale or distribution in commerce, except that manufacturers, retailers, and consumers are not distributors.

"Dye" means a product containing no resins which is used to color a surface or object without building a film.

"Electrical Coating" means a coating designed and labeled exolusively as such, ",<,hich is used exolusively to coat electrical components such as wire windings on electric motors to provide insulation and protection from corrosion.

"Enamel" means a coating ",<,hich cures hy chemical cross linking of its base resin and is not resoluble in its original solvent.

"Engine Paint" means a coating designed and labeled exolusively to coat engines and their components.

"Exact Match Finish, Engine Paint" means a coating which meets all of the follO'i'ling criteria:

The product is designed and labeled exolusively to exactly match the color of an original, factory applied engine paint;

The product is labeled vlith the manufacturer's name for which they Vlere formulated; and

The product is labeled with one of the following:

The original equipment manufacturer's (O.E.M.) color code number;

The color name; or

Other designation identifying the specific O.E.M. color to the purchaser.

"Exact Match Finish, Automotive" means a topcoat v!hich meets all of the following criteria:Electronic Filing

- Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

The product is designed and labeled exolusively to exactly match the color of an original, factory applied automotive coating during the touch up of automobile finishes;

The product is labeled '.vith the manufacturer's name for which they '>vere formulated; and

The product is labeled with one of the following:

The original equipment manufacturer's (O.E.M.) color code number;

The color name; or

Other designation identifYing the specific O.E.M. color to the purchaser. Not 'iVithstanding the foregoing, automotive olear coatings designed and labeled exolusively for use over
original considered to be automotive automotive exact match finishes to replicate the factory applied finish shall be
exact match finishes.

"Exact Match Finish, Industrial" means a coating which meets all of the following criteria:

The product is designed and labeled exolusively to exactly match the color of an original, factory applied industrial coating during the touch up of manufactured products;

The product is labeled with the manufacturer's name for ".,,,hich they

were formulated; and

The product is labeled '.vith one of the following:

The original equipment manufacturer's (O.E.M.) color code number;

The color name; or

Other designation identifying the specific O.E.M. Golor to the purchaser.

"Flat Paint Products" means a coating ';'/hich, when fully dry, registers specular gloss less than or equal to 15 on an 85 9 gloss meter, or less than or equal to five on a--6(f9 gloss meter, or '",'hich is labeled as a flat coating.Electronic Filing· Received, Clerk"s Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

"Flatting Agent" means a compound added to a coating to reduce the gloss of the coating without adding color to the coating.

"Floral Spray" means a coating designed and labeled exclusively for use on fresh flmvers, dried flmvers, or other items in a floral arrangement for the purposes of coloring, preserving or protecting their appearance.

"Fluorescent Coating" means a coating labeled as such,

.. vhich converts absorbed incident light energy into emitted light of a different hue.

"Glass Coating" means a coating designed and labeled exclusively for use on glass

or other transparent material to create a soft, translucent light effect, or to create a tinted or darkened color '",'hile retaining transparency.

"Ground Traffic/Marking Coating" means a coating designed and labeled exclusively to be applied to dirt, gravel, grass, concrete, asphalt, warehouse floors,

or parking lots. Such coatings must be in a container equipped with a valve and sprayhead designed to direct the spray toward the surface 'uhen the can is held in

an inverted vertical position.

"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).

"Hobby/Model/Craft Coating" means a coating v.'hich is designed and labeled exclusively for hobby applications and is sold in aerosol containers of six ounces by "veight or less.

"Ingredient" means a component of an aerosol coating product.

"Ink" means a fluid or viscous substance used in the printing industry to produce letters, symbols or illustrations, but not to coat an entire surface.

"Lacquer" means a thermoplastic film forming material dissolved in organic solvent, which dries primarily by solvent evaporation, and is resoluble in its original solvent.

"Layout Fluid" (or toolmaker's ink) means a coating designed and labeled exclusively to be sprayed on metal, glass or plastic, to provide a glare free surface

on which to scribe designs, patterns or engineering guide lines prior to shaping the

"Leather preservative or cleaner" means a leather treatment material applied exclusively to clean or preserve leather.Electronic Filing· Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

"Lubricant" means a substance such as oil, petroleum distillates, grease, graphite, silicone, lithium, etc. that is used to reduce friction, heat, or 'Near ,,,,,hen applied between surfaces.**"~4anufacturer"** means any person 'Nho imports, manufactures, assembles, produces, packages, repackages, or relabels a consumer product.

"Marine Spar Varnish" means a coating designed and labeled exclusively to provide a protective sealant for marine 'Nood products.

"Maskant" means a coating applied directly to a component to protect surface areas ';",hen chemical milling, anodizing, aging, bonding, plating, etching, or performing other chemical operations on the surface of the component.

"Maximum Incremental Reactivity" (MIR) means the maximum change in weight of ozone formed by adding a compound to the "Base ROG Mixture" per "veight of compound added, expressed to hundredths ofa gram (g OJ/g ROC). MIR values for individual compounds and hydrocarbon solvents are specified in Appendices A and B to this Part.

"Metallic Coating" means a topcoat '""hich contains at least 0.5 percent by

.. veight elemental metallic pigment in the formulation, including propellant, and is labeled

as "metallic", or "'lith the name ofa specific metallic finish such as "gold," "silver," or "bronze."

"Mold Release" means a Goating applied to molds to prevent products from sticy,ing to the surfaces ofthe mold.

"Multi Component Kit" means an aerosol spray paint system '.vhich requires the application of more than one component (e.g. foundation coat and top coat), where both components are sold together in one package.

"Nonflat Paint Product" means a coating which, 'Nhen fully dry, registers a specular gloss greater than 15 on an g5 9 gloss meter or greater than five on a 60 9 gloss meter.

"Ozone" means a colorless gas with a pungent odor, having the molecular form 

### 0",;

"Percent VOM By Weight" means the ratio of the weight ofVOM to the total weight of the product contents expressed as follows:

Percent YOM By Weight (W¥QM!-WwaA ) x 100

'Nhere:Electronic Filing· Received, Clerk"s Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

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For products containing no "vater and no volatile compounds exempt from the definition ofVOM: J,V¥GM the "",eight of volatile materials;

For products containing ","ater or exempt compounds:**Vl¥GM:-=-i:lth*e~--­** weight of volatile compounds, less water, and less compounds exempt from the '10M definition in Section 223.407; and

------\',lp.r!tetat the total "",eight of the product contents.

"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.

"Pleasure Craft" means privately owned vessels used for noncommercial purposes.

"Pleasure Craft Finish Primer/Surfacer/Undercoater" means a coating designed and labeled exclusively to be applied prior to the application of a pleasure craft topcoat for the purpose of corrosion resistance and adhesion of the topcoat, and which promotes a uniform surface by filling in surface imperfections.

"Pleasure Craft Topcoat" means a coating designed and labeled exclusively to be applied to a pleasure craft as a final coat above the waterline and below the waterline 

### ",men stored out of water. This category does not include clear coatings.

"Polyolefin l\dhesion Promoter" means a coating designed and labeled e)cclusi',zely
to be applied to a polyolefin or poly olefin copolymer surface of automotive body parts, bumpers, or trim parts to provide a bond between the surface and subsequent
€eat&:

"Primer" means for purposes of this Part, a coating labeled and formulated for application to a substrate to provide a firm bind between the substrate and subsequent coats.

"Product Weighted MIR" (PJ,VMIR) means the sum of all weighted MIR for all ingredients in a product subject to this article. The P\VMIR is the total product reactivity expressed to hundredths ofa gram of On one formed per gram of product (excluding container and packaging) and calculated according to the following equations:

Weighted MIR (Wtd MIR) ingredient MIR x Weight fraction ingredient,

and,Electronic Filing

- Received, Clerk"s Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * 

### * * * *

Product Weighted MIR (\Vtd MIR).j: =1= C\Vtd MIR),. =1=

... =1= (Wtd**--------±'~~inHRH)fl~-------**
'Nhere,

MIR ingredient MIR, as specified in Section 223.41 Oem);

',\ltd MIR MIR of each ingredient in a product multiplied by the weight fraction of that ingredient, as shovm in (a);

1,2,3,

... ,n each ingredient in the product up to the total n ingredients in the product.

"Propellant" means a liquefied or compressed gas that is used in ,;'{hole or in part to expel a liquid or any other material from the same self pressurized container or from a separate container.

"Reactivity Limit" means the maximum "Product Weighted MIR" allO'.ved in an aerosol coating product that is subject to the limits specified in Section 223.410(c) for a specific category, expressed as g O¥g product.**"R~active** Organic Compound (ROC)" means any compound that has the potential,

once emitted, to contribute to ozone formation in the troposphere.

"Responsible Party" means the company, firm or establishment vihich is listed on the product's label. If the label lists two companies, firms or establishments, the responsible party is the party which the product was "manufactured for" or "distributed by," as noted on the label.

"Retailer" means any person \vho sells, supplies, or offers consumer products for sale directly to consumers.

"Retail Outlet" means for purposes of this Part, any establishment at which

consumer products are sold, supplied, or offered for sale directly to consumers.

"Rust Converter" means a product designed and labeled eJwlusively to COffvert rust to an inert material and vihich contains a minimum acid content of 0.5 percent by weight, and a maximum coating solids content of 0.5 percent by vleight.

"Shellac Sealer" means a clear or pigmented coating formulated solely with the resinoHs secretion of the lac beetle (Laccifer lacca), thinned with alcohol, and formulated to dry by evaporation "'/ithout a chemical reaction.

"Slip Resistant Coating" means a coating designed and labeled exclusively as such, which is formulated ","ith synthetic grit and used as a safety coating.Electronic Filing· Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

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"Spatter Coating&4ultioolor Coating" means a ooating labeled exelusively as suoh Y"herein spots, globules, or spatters of oontrasting oolors appear on or within the surfaoe of a oontrasting or similar baokground.

"Stain" means a elear, semi transparent, or opaque ooating labeled and formulated
to change the color of a surface, but not conceal the grain pattern or texture.

"Upper Limit Kinetic Reactivity" (ULKR) means the maximum percentage of the emitted ROC ,;",hioh has reacted. For Subpart D, the ULKR is one hundred percent and is used to calculate the ULMIR.

"Upper Limit Mechanistic Reactivity" (ULMR) means the maximum gram(s) of

ozone formed per gram of reactive organic compound (ROC) reaoting. The ULMR is used to calculate the ULMIR.

"Upper Limit 1ilR" (ULMIR) means the upper limit kinetio reaotivity (ULKR) multiplied by the upper limit meohanistic reactivity (ULMR), as calculated using the follm:'ling equation:

ULMIR Upper Limit KR x Upper Limit MR.

The units for ULMIR are g O¥g ROC.

"Vinyl/FabriclLeather/Polycarbonate Coating" means a coating designed and labeled exclusively to coat vinyl, fabric, leather, or polycarbonate substrates.

"'Nebbing/Veiling Coating" means a coating designed and labeled exolusively to provide a stranded to spider ';vebbed appearanoe when applied.

"'Neight Fraction" means the '>veight of an ingredient divided by the total net "'Ieight of the product, expressed to thousandths of a gram of ingredient per gram of product (exeluding container and packaging). The ",,,eight fraction is calculated according to the following equation:

Weight Fraction 'Height of the Ingredient

Total Product Net "'.Veight (excluding container and packaging).

"'.Veld Through Primer" means a coating designed and labeled exelusively to provide a bridging or conducting effeot for corrosion protection following Yielding.

"'Nood Stain" means a coating "'Ihich is formulated to change the color of a wood surface but not conceal the surface.Electronic Filing

. Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

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";'lood Touoh Up/Repair/Restoration" means a ooating designed and labeled exclusively to provide an exaot oolor or sheen matoh on finished wood produots.

"\Vorking Day" means any day between Monday through Friday, inclusive, mwept for days that are federal holidays.

Seetian 223.410 Limits and Requirements fur Aerasal Caating Praduets

a) Complianoe \vith Limits. Aerosol ooating produots manufaotured beginning January 1,2009, shall comply "vith the reaotivity requirements specified in Section 223.410(b).

b) Reactivity Limits for Aerosol Coating Products.

Exoept as provided in Seotions 223.410(a) and 223.420, no person shall sell, supply, offer for sale, apply, or manufacture for use in Illinois, any aerosol coating produot "vhich, at the time of sale, use, or manufacture, oontains reactive organic oompounds that have a PW1\4IR in excess of the limits speoified belov;, after January 1, 2009.

Aerasel Ceating Categery MIRin

1) General Caatings

A) Clear Coatings

B) Flat Paint Products

C) Fluorescent Coatings

D) Metallio Coatings

E) Nonflat Paint Produots

F) Primers

2) Specialty Coatings

A) Art Fixatives or Sealants

B) Auto Body Primers Predllet Weighted

Grams Ozane per Gram Pradllet (gO"lg pradllet)

1.50

1.20

1.75

1.90

1.40

1.20

1.55Electronic Filing· Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

C) Automotive Bumper and Trim Products

D) Aviation or Marine Primers

E) Aviation Propeller Coatings

F) Corrosion Resistant Brass, Bronze, or Copper Coatings

G) Exact Match Finishes:

1) Engine Enamel

2) Automotive

3) Industrial

H) Floral Sprays

I) Glass Coatings

J) Ground Traffic/Marking Coatings

K) High Temperature Coatings

L) Hobby&4odel/Craft Coatings:

1) Enamel

2) Lacquer

3) Clear or Metallic

M) Marine Spar Varnishes

N) Photograph Coatings

0) Pleasure Craft Finish Primers, Surfacers or Undercoaters

P) Pleasure Craft Topcoats

Q) Polyolefin Adhesion Promoters 1.75

2.00

2.50

1.80

1.70

1.50

2.05

1.70

1.40

1.20

1.85

1.45

2.70

1.60

0.90

1.00

1.05

0.60

2.50Electronic Filing· Received, Clerk"s Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

R) Shellac Sealers:

1) Clear 1.00

2) Pigmented 0.95

S) Slip Resistant Coatings 2.45

T) Spatter/Multicolor Coatings 1.05

U) Vinyl/Fabric/Leather/Polycarbonate Coatings 1.55

'1) Webbing/Veil Coatings 0.85

W) ""Veld Through Primers 1.00

X) Wood Stains 1.40

Y) 'Nood Touch Up, Repair 1.50

or Restoration Coatings

c) If an aerosol coating product is subject to both a general coating limit and a specialty coating limit, as listed in subsection 223.41 O(b), and the product
meets all the criteria of the applicable specialty coating category as defined in Section 223.407, then the specialty coating limit shall apply instead of the general coating limit.

d) Notwithstanding the provisions of Sections 223.41 O(c) and 223.430, high temperature coatings that contain at least 0.5 percent by weight of an elemental metallic pigment in the formulation, including propellant, shall be subject to the limit specified for metallic coatings.

e) Notwithstanding the provisions of Section 223 .4lO(a) and (b), an aerosol coating product manufactured prior to each of the effective dates specified for that product in Section 223.410(b) may be sold, supplied, offered for sale, or applied for up to January 1,2012. This subsection (f) does not apply to any product vlhich does not display on the product container or package the date on v/hich the product was manufactured, or a code indicating such date.

f) Products Containing Methylene Chloride or Trichloroethylene.

1) For any aerosol coating product subject to the reactivity limits specified in Section 223.41 O(b), no person shall sell, supply, offer for sale, apply, or manufacture for use in Illinois any aerosol coating product vlhich contains methylene chloride or trichloroethylene.Electronic Filing

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### * * * * * * * Errata Sheet and PC #3 

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2) The requirements of this Section shall not apply to any aerosol coating product containing methylene chloride or trichloroethylene that is present as an impurity in a combined amount equal to or less than 0.01% by weight of the product.

g) Products Containing Perchloroethylene or Ozone Depleting Substances.

1) For any aerosol coating product subject to the reactivity limits specified in Section 223.410(b), no person shall sell, supply, offer for sale, apply, or manufacture for use in Illinois any aerosol coating product v"hiGh contains perchloroethylene.

2) For any aerosol coating product subject to the reactivity limits specified in Section 223.410(b), no person shall sell, supply, offer for sale, apply, or manufacture for use in Illinois any aerosol coating product which contains an ozone depleting substance identified by the USEPA in the Code of Federal Regulations, 40 CFR Part 82, Subpart A, under Appendices A and B, Jaly 1, 1998.

3) The requirements of Section 223.41O(g)(1) and (g)(2) shall not apply to any aerosol coating product containing perchloroethylene,

or an ozone depleting substance as identified in Section 223.410(g)(1) or (g)(2), that are present as impurities in a combined
amount equal to or less than 0.01% by ',veight of the product.

h) Multicomponent Kits.

1) No person shall sell, supply, offer for sale, apply, or manufacture for

use in Illinois any multi component kit, as defined in Section 223.407, in ',vhich the total'i'leight of YOM and methylene chloride contained in the multi component kit (Total '10M 4-**MC)~** greater than the total weight of YOM and methylene chloride that would be allO'.ved in the multi component kit if each component product in the kit had separately met the applicable YOM standards (Total VOM4- MC)staflE!aF4 as calculated belov/:

(Total YOM 4- MC)lletllilI**('10M~~.j.)** 4-**(MC.j.~.j.)** 4- (VO},'4""***~)** 4-**(MC~~)** 4-**(VOMfl~fl)** 4-**(MCfl~fl1** (Total YOM 4- MC )staflE!aF4**(STD.j.~.j.)** 4-**(ST~~)** 4- (STD fl ""* Wfl 

## 1

'Nhere:Electronic Filing

- Received, Clerk"s Office, 

### July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

VOM

MC

STD

1lT n the percent by ,;veight VOM of the component product the percent by \veight methylene chloride of the Component product the VOM standard specified in Section 223.410(a) which applies to the component product the weight of the product contents (excluding container)

2) Subscript 1 denotes the first component product in the kit Subscript 2 denotes the second component product in the kit Subscript n denotes any additional component product

No person shall sell, supply, offer for sale, apply, or manufacture for

use in Illinois any multi component kit, as defined in Section 223.4 07, in which the Kit PWMIR is greater than the Total Reactivity Limit. The Total Reactivity Limit represents the limit that would be allovled in the multi component kit if each component product in the kit had separately met the applicable Reactivity Limit. The Kit P\VMIR and Total Reactivity Limit are calculated as in equations (A), (B) and (C) below:

Kit P\x1MIR

- (PWMIRtB-7f-W.j.) =1=**(P\X1MI~~)** =1= ••• =1= (PWMIRw-7f-W fl 

## 1

B) Total Reactivity Limit (RL.j.-7f-W.j.) =1=**(R4~)** =1= ••• =1= (RL fl -* 

### W fl 

## 1

C) Kit P\VIVUR.: < Total**R~activity** Limit

Where:

\Xl the vleight of the product contents (excluding container) RL the Reactivity Limit specified in Section 223.410(b) Subscript 1 denotes the first component product in the kit Subscript 2 denotes the second component product in the kit Subscript n denotes any additional component product

i) No person shall sell, supply, offer for sale, apply, or manufacture for use in the state of Illinois aily aerosol coating product assembled by adding bulk paint to aerosol containers ofpropellailt, unless such products comply with the reactivity limits specified in Section 223.410(b) for products subject to those limits.

j) Assignment of Maximum Incremental Reactivity (MIR) Values.Electronic Filing· Received, Clerk's Office, July 10, 2008



### * * * * * ** Errata Sheet and PC #3 

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1) In order to calculate the P:WIVIIR of aerosol coating products as specified in Section 223.107, the MIR values of product ingredients

are assigned as follovls:

Any ingredient which does not contain carbon is assigned a MIR value of 0.0.

B)

C)

D)

E) Any aerosol coating solid, including but not limited to resins, pigments, fillers, plasticizers, and extenders is assigned a MIR value of 0.0.

For any ROC not covered under subparagraphs (A) and (B) of this paragraph (1), each ROC is assigned the MIR value
set forth in Appendices A and B to this Part.

Except as provided in paragraph (3) of this subsection, only ROCs listed in Appendices A and B to this Part, can be used
to comply "vith the reactivity limits specified in Section 223.4l0(b).

,-\11 individual compounds in an amO\:lflt eqHal to or exceeding 0.1 percent shall be considered ingredients in calculating the PWMIR. Such individual compounds shall be considered ingredients vmether or not they are reported by the manufacturer pursuant to Appendix 1\ and B.

2) Calculating P'.V},4IR Values.

The MIR values dated January 1, 2009, shall be used to calculate the PWMIR for aerosol coating products.

B) If a new ROC is added to Appendices l\, and B to this regulation, then the new ROC may be used in aerosol coating products, and the :MIR value for the ne'N RDC shall be used to calculate the PWMIR after the effective date of the MIR value.

3) The MIR value for any aromatic hydrocarbon solvent with a boiling
range different from the ranges specified in subsection (b) of Appendix B of this Part shall be assigned as follov/s:

If the solvent dry point is lower than or equal to 420 degrees F, the MIR value specified in subsection (b) oL'\ppendix B of this Part for Bin 23 shall be used.Electronic Filing

- Received, Clerk"s Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

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B) If the solvent initial boiling point is higher than 420 degrees F, the MIR value specified in subsection (b) of Appendix B of this Part for Bin 24 shall be used.

Seetien 223.420 Exemptiens

a) This Subpart shall not apply to aerosol lubricants, mold releases, automotive underbody coatings, electrical coatings, cleaners, belt dressings, anti static sprays, layout fluids and removers, adhesives, maskants, rust converters, dyes, inks, and leather preservatives or cleaners.

b) This Subpart shall not apply to any aerosol coating product manufactured in Illinois for shipment and use outside of Illinois.

c) The provisions of this Subpart shall not apply to a manufacturer, distributor,

or responsible party vlho sells, supplies, or offers for sale in Illinois an aerosol coating product that does not comply with the limits specified in subsection 223.41 O(b), as long as the manufacturer, distributor, or responsible party can demonstrate both that the aerosol coating product is intended for shipment and use outside of Illinois, and that the manufacturer, distributor, or responsible party has taken reasonable prudent precautions to

assure that the aerosol coating product is not distributed to Illinois. This subsection (c) does not apply to aerosol coating products that are sold, supplied, or offered for sale by any person to retail outlets in Illinois.

d) The requirements in subsection 223.41 O(b) prohibiting the application of aerosol coating products that exceed the limits specified in the subsection 223.410(b) shall apply only to commercial application of aerosol coating products.

Seetien 223.430 J\'1est Restrictive Limit

Except as otherwise provided in Section 223 .4lO(c), if anywhere on the container of any aerosol coating product subject to the specified limits in subsection 223.410(b), or on any sticker or label affixed thereto, or in any sales or advertising literature, any representation is made that the product may be used as, or is suitable for use as a product for which a lower limit is specified, then the lovlest applicable limit shall apply.

Seetien 223.440 Labeling Requirements

a) Both the manufacturer and responsible party for each aerosol coating product subject to this Subpart shall ensure that all products clearly display the following information on each product container 'which is manufactured 90 days or later after the effective date of this Subpart.Electronic Filing

- Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

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1) The applicable reactivity limit for the product that is specified in Section 223.410(b);

2) The aerosol coating category as defined in Section 223.407, or an abbreviation of the coating category; and

3) The day, month, and year on which the product vias manufactured,

or a code indicating such date.

b) The information required in Section 223.440(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 '""ithout removing any product packaging.

c) No person shall remove, alter, conceal, or deface the information required in Section 223.440(a) prior to final sale of the product.

d) For any aerosol coating product subject to Section 223.410(a), if the manufacturer or responsible party uses a code indicating the date of manufacture or an abbreviation of the coating category as defined in Section 223.407, an explanation of the code or abbreviation must be filed '.vith the Agency prior to the use of the code or abbreviation.

SeetieB 223.45Q RepertiBg ReEjuiremeBts

a) Any responsible party for an aerosol coating product subject to this article '""hich is sold, supplied, or offered for sale in Illinois, must supply the Agency, upon request, with the follovling information 'Nithin 30 days of the effective date of this Subpart: the company name, mail address, contact person, and the telephone number of the contact person. For responsible parties who do not manufacture their own aerosol coating products, the responsible party shall also supply the information specified in this subsection (a) for those manufacturers v!hich produce products for the responsible party. The responsible party shall also notify the Agency within 30 days of any change in the information supplied to the l\gency pursuant to this subsection (a).

b) Upon 30 days 'mitten notice, each manufacturer or responsible party subj ect to this Subpart shall submit to the l\gency a "

.. 'Iitten report "'lith all of the follO'.ving information for each product they manufacture under their

name or another company's name:

1) The brand name of the product; 2) Upon request, a copy of the product label;Electronic Filing

- Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

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3) The o'lmer of the trademark or brand names; 4) The product category as defined in Section 223.407; 5) The annual Illinois sales in pounds per year and the method used to calculate Illinois annual sales; 6) Product formulation data:For products subject to the reactivity limits specified in Section 223.41 O(c), the '.VMIR and the weight fraction of all ingredients including: water, solids, each ROC, and any compounds assigned a**~fiR** value of zero as specified in Section 223.4108), and Appendices /,,, or B to this Part. Each ROC must be reported as an ingredient if it is present in an amount greater than or equal to 0.1% by 'l"eight of the final aerosol coatings formulation. If

an individual ROC is present in an amount less than 0.1% by weight, then it does not need to be reported as an ingredient. In addition, an impurity that meets the following definition does not need to be reported as an ingredient.

For the purpose of this section, an "ifl1iJurity" means an individual chemical compound present in a raw material 'l!hich is incorporated into the final aerosol coatings formulation, if the compound is present belm,v the following amounts in the ra'li material:

For individual compounds that are carcinogens, as defined in 29 CFR section 1910.1200(d)(4), each compound must be present in an amount less than 0.1 % by weight in order to be considered an "ifl1iJurity. "

B) For all other cOfl1iJounds present in a raw material,

a compound must be present in an amount less than one percent by weight in order to be considered

an "ifl1iJurity";

7) An identification of each product brand name as a "household," "industrial," or "both" product; and

8) Any other information necessary to determine the emissions or the product weighted MIR from aerosol coating products. The information requested in this Subsection 223.4 50(b) may be supplied as an average for a group of aerosol coating products \vithin the same coating category when the products do not vary in YOM content by more than two percent (by '>'{eight), and the coatings are based on the same resin type, or the products are color variations of the same product (even if the coatings vary by more than two percent in \TOM content).Electronic Filing· Received, Clerk"s Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

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c) Upon vlfitten request, the responsible party for aerosol coating products subject
to this Subpart shall supply the l'.cgency with a list of all exempt compounds contained in any aerosol coating product within 15 working days.

Seeti6B 223.46(.) Test Meth6 ds

Compliance with the requirements of this Subpart shall be determined by using the following test methods, which are incorporated by reference herein. Akernative test methods \vhich are shown to accurately determine the 'laM content, ingredient name and weight percent of each ingredient, exempt compound content, metal content, specular gloss, or acid content may also be used after approval in writing by the Agency:

a) The 'laM content of an aerosol coating products subject to the provisions of this Subpart shall be determined by the procedures set forth in "l\ir Resources Board Method 310, Determination of Volatile Organic Compounds (YOM) in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products," adopted September 25, 1997, and as last amended on May 5, 2005.

b) Testing for Products Subject to the Reactivity Limits Specified in Section 223.410(b).

1) The ingredients and the amount of each ingredient of all aerosol coating products subject to the provisions of this Subpart shall be determined by the procedures set forth in "Air Resources Board Method 310, Determination of Volatile Organic Compounds ('laM) in Consumer Products," adopted September 25, 1997 and as last amended on May 5,2005.

2) Upon written notification from the Agency, the aerosol coating manufacturer shall have 10 working days to provide to the l\gency the follov/ing information for products selected for testing:

The product category as defined in Section 223.407;

B)

C) The P\VMIR;

The weight fraction of all ingredients including: water, solids, each ROC, and any compounds assigned a MIR value of zero as specified in sections 223.410(j), and Appendices A and B to this Part. Each R-oC must be reported as an ingredient if it is present in an amount greater than or equal
to 0.1% by weight of the final aerosol coatings formulation. If an individual ROC is present in an amount less than 0.1% by weight, then it does not need to be reported as anElectronic Filing· Received, Clerk's Office, July 10, 2008



### * * * 

### * * * * Errata Sheet and PC #3 

### * * * * *

ingredient. In addition, an impurity that meets the following definition does not need to be reported as an ingredient.

For the purpose of this section, an "impurity" means an individual chemical compound present in a faV/ material which is incorporated into the final aerosol coatings formulation, if the compound is present belovi the follmving
amounts in the raw material:

i) For individual compounds that are carcinogens, as defined in 29 CFR Section 1910.1200(d)(4), each compound must be present in an amount less than 0.1% by weight in order to be considered an "impurity. "

ii) For all other compounds present in a raw material, a compound must be present in an amount less than

one percent by "veight in order to be considered an "impurity" ;

D) Any other information necessary to determine the PWMIR of the aerosol coating products to be tested.

3) Final determination of the PW14IR of the aerosol coatings shall be determined using the information obtained from Appendix ,\ and B.

c) Metal Content. The metal content of metallic aerosol coating products shall be determined by SC,\QMD Test Method 318 95 "Determination of 'Veight Percent Elemental Metal in Coatings by X ray Diffraction" July 1996, which is incorporated by reference in Section 223.120.

d) Specular Gloss. Specular gloss of flat and nonflat coatings shall be determined by A.STM Method D 523 89, March 31, 1989, "vhich is incorporated by reference in Section 223.120.

e) ,\cid Content. The acid content of rust converters shall be determined by l\STM Method D 1613 96, "Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish. Lacquer, and Related Products, May 10, 1996, which is incorporated by reference in Section 223.120.

f) Lacquers. Lacquer aerosol coating products shall be identified according to the procedures specified in ,\STM Method D 5043 90, "Standard Test Methods for Field Identification of Coatings," Apri12?, 1990, vlhich is incorporated by reference in Section 223.120.Electronic Filing· Received, Clerk"s Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

14. Strike the whole of Appendix A from the rule, including references in the index to the Appendix. The USEP A has promulgated an identical rule concerning "Aerosol Coatings" thus mooting the proposed Subpart D and related appendices.

APPENDIX,,\. MAXIMUM INCREMENTAL REACTIVITY



## ***

J\U

....zXIMUM INCRENlENV"L RE,A"CTIVITY

Tables of MaJcimum Incremental Reactivity 

### EMIR) Values

MIR Values for Compounds.

Orgaaie Cempeuad

1. Carbon Monoxide 2. Methane 3. Ethane 4. Propane 5. n Butane 6. n Pentane 7. n Hexane 8. n Heptane 9. n Octane 10. n Nonane 11. n Decane 12. n Undecane 13. n Dodecane 14. n Tridecane 15. n Tetradecane 16. n Pentadecane 17. n C16 18. n C17 19. n C18 20. n C19 21. n C20 22. n C2l 23. n C22 24. Isobutane 25. Isopentane 26. Neopentane 27. Branched C5 Alkanes 28. 2,2 Dimethyl Butane 29. 2,3 Dimethyl Butane MIRValue

0.06 0.01 0.31 0.56 1.33 1.54 1.45 1.28 1.11 0.95 0.83 0.74 0.66 0.62 0.58 0.53 0.52 0.49 0.44 0.44 0.42 0.40 0.38 1.35 1.68 0.69 1.68 1.33 1.14Electronic Filing

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### * * * * * * * Errata Sheet and PC #3 

### * * * * *

30. 2 Methyl Pentane (Isohexane) 31. 3 Methyl Pentane 32. Branched C6 Alkanes 33. 2,2,3 Trimethyl Butane 34

. 2,2 Dimethyl Pentane 35. 2,3 Dimethyl Pentane 36. 2,4 Dimethyl Pentane 37. 2 Methyl Hexane 38. 3,3 Dimethyl Pentane 39. 3 Methyl Hexane 40. Branched C7 Alkanes 41. 2,2,3,3 Tetramethyl Butane 42. 2,2,4 Trimethyl Pentane (Isooctane) 43. 2,2 Dimethyl Hexane 44. 2,3,4 Trimethyl Pentane 45. 2,3 Dimethyl Hexane 46. 2,4 Dimethyl HeJcane 47. 2,5 Dimethyl HeJcane 48. 2 Methyl Heptane 49. 3 Methyl Heptane 50. 4 Methyl Heptane 51. Branched C8 Alkanes 52. 2,2,5 Trimethyl Hexane 53. 2,3,5 Trimethyl Hexane 54. 2,4 Dimethyl Heptane 55. 2 Methyl Octane 56. 3,3 Diethyl Pentane 57. 3,5 Dimethyl Heptane 58. 4 Ethyl Heptane 59. 4 Methyl Octane 60. Branched C9 Alkanes 61. 2,4 Dimethyl Octane 62. 2,6 Dimethyl Octane 63. 2 Methyl Nonane 64. 3,4 Diethyl Hexane 65. 3 Methyl Nonane 66. 4 Methyl Nonane 67. 4 Propyl Heptane 68. Branched CI0 Alkanes 69. 2,6 Dimethyl Nonane 70. 3,5 Diethyl Heptane 71. 3 Methyl Decane 72. 4 Methyl Decane 73. Branched C 11 ,AAkanes 74. 2,3,4,6 Tetramethyl Heptane 75. 2,6 Diethyl Octane 1.80 2.07 1.53 1.32 1.22 1.55 1.65 1.37 1.32 1.86 1.63 0.44 1.44 1.13 1.23 1.34 1.80 1.68 1.20 1.35 1.48 1.57 1.33 1.33 1.48 0.96 1.35 1.63 1.44 1.08 1.25 1.09 1.27 0.86 1.20 0.89 0.99 1.24 1.09 0.95 1.21 0.77 0.80 0.87 1.26 1.09Electronic Filing

- Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

76. 3,6 Dimethyl Deeane 77. 3 Methyl Undceane 78. 5 Methyl Undeeane 79. Branehed C12 Alkanes 80. 2,3,5,7 TetramethylOetane 81. 3,6 Dimethyl Undecane 82. 3,7 Diethyl Nonane 83. 3**~4ethylDodeeane** 84. 5 Methyl Dodecane 85. Branched C13 Alkanes 86. 2,4,6,8 Tetramethyl Nonane 87. 2,3,6 Trimethyl 4 Isopropyl Heptane 88. 3,7 Dimethyl Dodceane 89. 3,8 Dicthyl Decane 90. 3 Methyl Tridecane 91. 6 Methyl Trideeane 92. Branehed C14 Alkanes 93. 2,4,5,6,8 Pentamethyl Nonane 94. 2 Methyl 3,5 Diisopropyl Heptane 95. 3,7 Dimethyl Trideeane 96. 3,9 Diethyl Undecane 97. 3 Methyl Tetradecane 98. 6 Methyl Tetradecane 99. Branched C15 Alkanes 100. 2,6,8 Trimethyl4 Isopropyl Nonane 101. 3 Methyl Pentadecane 102. 4,8 Dimethyl Tetradecane 103. 7 Methyl Pentadecane 104. Branched C16 Alkanes 105. 2,7 Dimethyl 3,5 Diisopropyl Heptane 106. Branched C17 Alkanes 107. Branched C18 l\lkanes 108. Cyclopropane 109. Cyclobutane 110. Cyc10pentane 111. Cyc10hexane 112. Isopropyl Cyclopropane 113. Methylcyclopentane 114. C6 Cycloalkanes 115. 1,3 Dimethyl Cyclopentane 116. Cycloheptane 117. Ethyl Cyclopentane 118. Methylcyclohexane 119. C7 Cycloalkanes 120. C8 Bicyeloalkanes 121. 1,3 Dimethyl Cyclohexane 0.88 0.70 0.72 0.80 1.06 0.82 1.08 0.64 0.64 0.73 0.94 1.24 0.74 0.68 0.57 0.62 0.67 1.11 0.78 0.64 0.62 0.53 0.57 0.60 0.76 0.50 0.55 0.51 0.54 0.69 0.51 0.48 0.10 1.05 2.69 1.46 1.52 2.42 1.46 2.15 2.26 2.27 1.99 1.99 1.75 1.72Electronic Filing

- Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

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122. Cyelooetane 123. Ethyleyelohexane 124. Propyl Cyelopentane 125. Cg Cyeloalkanes 126. C9 Bicyeloalkanes 127. 1, 1 ,3 Trimethyl Cyelohexane 12g. 1 Ethyl 4 Methyl Cyelohexane 129. Propyl Cyelohexane 130. C9 Cyeloalkanes 131. C10 Bieyeloalkanes 132. 1,3 Diethyl Cyelohexane 133. 1, 4 Diethyl Cyelohexane 134. 1 Methyl 3 Isopropyl Cyelohexane 135. Butyl Cyelohexane 136. C10 Cyeloalkanes 137. C11 Bieyeloalkanes 13g. 1,3 Diethy1 5 Methyl Cyelohmcane 139. 1 Ethy12 Propyl Cyelohexane 140. Pentyl Cyelohexane 14 1. C 11 Cyeloa1kanes 142. C12 Bieyeloa1kanes 143. C12 Cyeloalkanes 144. 1,3,5 Triethy1 Cyelohexane 145. 1 Methyl 4 Pentyl Cyelohexane 146. HeJeyl Cyelohexane 14 7. C 13 Bicyeloalkanes 14 g. 1,3 Diethyl 5 Propyl CyeloheJcane 149. 1 Methyl 2 Hexyl Cyclohexane 150. Heptyl Cyelohexane 151. C 13 Cyeloalkanes 152. C 14 Bicyeloalkanes 153. 1,3 Dipropyl 5 Ethyl Cyclohmcane 154. 1 Methyl 4 Heptyl CycloheJcane 155. Octyl Cyelohexane 156. C14 Cyeloalkanes 157. C15 Bicyeloalkanes 15g. 1,3,5 Tripropyl Cyelohexane 159. 1 Methyl 2 Octyl Cyelohexane 160. Nonyl Cyelohexane 161. C 15 Cyeloalkanes 162. 1,3 Dipropyl 5 Butyl Cyclohexane 163. 1 Methyl 4 Nony1 Cyclohexane 164. Decy1 Cyelohexane 165. C16 Cyeloalkanes 166. Ethene 167. Propene (Propylene) 1.73 1.75 1.91 1.75 1.57 1.37 1.62 1.47 1.55 1.29 1.34 1.49 1.26 1.07 1.27 1.01 1.11 0.95 0.91 0.99

1.06

0.75 0.79 0.96 0.70 0.66 

# o.n 0.71 0.94 0.5g 0.60 0.71 0.69 0.90 0.60 0.54

0.77 0.55 0.50 0.61 9.0g 11.5gElectronic Filing

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### * * * * * * * Errata Sheet and PC #3 

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169. C4 Terminal Alkenes 170. 1 Pentene 171. 3 Methyl 1 Butene 172. C5 Terminal Alkenes 173. 1 Hexene 174. 3,3 Dimethyl 1 Butene 175. 3 Methyl 1 Pentene 176. 4 Methyl 1 Pentene 177. C6 Terminall\Jkenes 178. 1 Heptene 179. 1 Octene 180. C8 Terminal AJkenes 181. 1 Nonene 182. C9 Terminal Alkenes 1 83. 1 Decene 184. C10 Terminal Alkenes 185. 1 Undecene 186. C11 Terminal A1kenes 187. C12 Terminal Alkenes 188. 1 Dodecene 189. 1 Tridecene 190. C13 Terminal Alkenes 191. 1 Tetradecene 192. C 14 Termina1l.clkenes 193. 1 Pentadecene 194. C 15 Terminal Alkenes 195. 2 Methyl Pentene (Isobutene) 196. 2 Methyl 1 Butene 197. 2,3 Dimethyl 1 Butene 198. 2 Ethyl 1 Butene 199. 2 Methyl 1 Pentene 200. 2,3,3 Trimethy1 1 Butene 201. C7 Terminal AJkenes 202. 3 Methy12 Isopropyl 1 Butene 203. cis 2 Butene 204. trans 2 Butene 205. C4 Internal Alkenes 206. 2 Methyl 2 Butene 207. cis 2 Pentene 20g. trans 2 Pentene 209. 2 Pentenes 210. C5 Internal Alkenes 211. 2,3 Dimethyl 2 Butene 212. 2 Methyl 2 Pentene 213. cis 2 Hexene 10.29 10.29 7.79 6.99 7.79 6.17 6.06 6.22 6.26 6.17 4.20 3.45 3.45 2.76 2.76

1.95 1.95 1.72 1.72 1.55 1.55 1.41 1.41 1.27 1.27 6.35 6.51 4.77 5.04

4.62 4.20 3.29 13.22 13.91 13.57 14.45 10.24 10.23 10.23 10.23 13.32Electronic Filing

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### * * * * * * * Errata Sheet and PC #3 

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214. cis 3 Hexene 215. cis 3 Methyl 2 Pentene 216. cis 3 Methyl 2 Hexene 217. trans 3 Methyl 2 Hexene 218. trans 4 Methyl 2 Hexene 219. trans 2 Hexene 220. trans 3 Hexene 221. 2 Hexenes 222. G6 Internal A1kenes 223. 2,3 Dimethyl 2 Hexene 224. cis 3 Heptene 225. trans 4,4 Dimethyl 2 Pentene 226. trans 2 Heptene 227. trans 3 Heptene 228. 2 Heptenes 229. G7 Internal Alkenes 230. cis 4 Octene 231. trans 2,2 Dimethyl 3 Hmcene 232. trans 2,5 Dimethyl 3 Hexene 233. trans 3 Octene 234. trans 4 Gctene 235. 3 Octenes 236. G8 Internal Alkenes 237. 2,4,4 Trimethyl 2 Pentene 238. 3 Nonenes 239. G9 Internal Alkenes 240. trans 4 Nonene 241. 3,4 Diethy12 Hexene 242. cis 5 Decene 243. trans 4 Decene 244. GIO 3 Alkenes 245. GIO Internal,\lkenes 246. trans 5 Undecene 247. Gll 3 ,\lkenes 248. GIl Internal Alkenes 249. Gl22 Alkenes 250. Gl23 AJkenes 251. Gl2 Internal AJkenes 252. trans 5 Dodecene 253. trans 5 Tridecene 254. G13 3 Alkenes 255. G13 Internal Alkenes 256. trans 5 Tetradecene 257. G14 3 l\lkenes 258. Gl4 Internal Alkenes 259. trans 5 Pentadecene 8.22 12.84 13.38 14.17 7.88 8.44 8.16 8.44 8.44 10.41 6.96 6.99 7.33 6.96 6.96 6.96 5.94 5.97 5.44 6.13 5.90 6.13 5.90 8.52 5.31 5.31 5.23 3.95 4.89 4.50 4.50 4.50 4.23 4.23 4.23 3.75 3.75 3.75 3.74 3.38 3.38 3.38 3.08 3.08 3.08 2.82Electronic Filing

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### * * * * * * 

### * Errata Sheet and PC #3 

### * * * * *

260. C 15 3 Alkenes 261. C 15 Internal Alkenes 262. C4 Alkenes 263. C5 Alkenes 264. C6 Alkenes 265. C7 Alkenes 266. Cg Alkenes 267. C9 Alkenes 26g. C10 A1kenes 269. C 11 l\lkenes 270. C12 l\lkenes 271. C13 Alkenes 272. C 14 l'Jkenes 273. C 15 l\lkenes 274. Cyc10pentene 275. 1 Methyl Cyclopentene 276. Cyc10hexene 277. 1 Methyl Cyclohexene 

### 2n. 4 Methyl Cyclohexene 279. 1,2 Dimethyl Cyclohexene 2g0. 1,3 Butadiene 

## n 1. Isoprene 

### n2. C6 Cyclic or Di olefins 2g3. C7 Cyclic or Di olefins 2g4. Cg Cyclic or Di ole fins 

### n5. C9 Cyclic or Di olefins 2g6. C10 C)'clic or Di olefins 2g7. Cll Cyclic or Di olefins 2gg. C12 Cyclic or Di olefins 2g9. C13 Cyclic or Di olefins 290. C14 C)'clic orDi olefins 291. CI5 Cyclic orDi olefins 292. Cyc10pentadiene 293. 3 Carene 294. a Pinene (Pine Oil) 295. b Pinene 296. d Limonene (Dipentene or Orange Terpene) 297. Sabinene 

### 2n. Terpene 299. Styrene 300. a Methyl Styrene 301. C9 Styrenes 302. C10 Styrenes 303. Benzene 304. Toluene 305. Ethyl Benzene 11.93 9.01

5.76

4.03 3.39 3.09 2.73 2.46 

### 2.n 2.06

13.95 5.45

4.4g 6.77 13.5g 10.69

7.49 6.01 5.40 4.56 4.29 3.79 3.42 3.11

7.61 3.21 4.29 

### 3.n 3.99 3.67 3.79 1.95 1.72 1.72 1.53

3.97 2.79Electronic Filing

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### * * * * * * * Errata Sheet and PC #3 

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306. Cumene (Isopropyl Benzene) 307. n Propyl Benzene 30g. C9 Monosubstituted Benzenes 309. s Butyl Benzene 310. C10 Monosubstituted Benzenes 311. n Butyl Benzene 312. C11 Monosubstituted Benzenes 313. C12 Monosubstituted Benzenes 314. C 13 Monosubstituted Benzenes 315. m Xylene 316. 0 Xylene 317. P Xylene 3lg. Cg Disubstituted Benzenes 319. m Ethyl Toluene 320. P Ethyl Toluene 321. 0 Ethyl Toluene 322. C9 Disubstituted Benzenes 323. 0 Diethyl Benzene 324. m Diethyl Benzene 325. P Diethyl Benzene 326. C10 Disubstituted Benzenes 327. Cll Disubstituted Benzenes 32g. C12 Disubstituted Benzenes 329. C13 Disubstituted Benzenes 330. Isomers ofEthylbenzene 331. 1,2,3 Trimethyl Benzene 332. 1,2,4 Trimethyl Benzene 333. 1,3,5 Trimethyl Benzene 334. C9 Trisubstituted Benzenes 335. Isomers ofPropylbenzene 336. 1,2,3,5 Tetramethyl Benzene 337. C10 Tetrasubstituted Benzenes 33g. C10 Trisubstituted Benzenes 339. Isomers ofButylbenzene 340. C1l Pentasubstituted Benzenes 341. C 11 Tetrasubstituted Benzenes 342. Cl1 Trisubstituted Benzenes 343. Isomers of Pentylbenzene 344. C12 Pentasubstituted Benzenes 345. C12 Hexasubstituted Benzenes 346. 

## cn Tetrasubstituted Benzenes 347. C12 Trisubstituted Benzenes 34g. Isomers of Hexylbenzene 349. C13 Trisubstituted Benzenes 350. Indene 351. Indane 2.32 2.20 2.20 1.97 1.97 1.97 

## 1.n
1.63 1.50 10.61 7.49 4.25

9.37 3.75 6.61 6.61 5.92

3.36 5.92 5.35 4.90 4.50 5.16 11.26

11.22 9.90 6.12

4.96 7.33 7.33 7.33 7.33 4.53 6.75 3.21 3.17Electronic Filing· Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

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352. Naphthalene 353. Tetralin 354. Methyl Indans 355. Methyl Naphthalenes 356. 1 Methyl Naphthalene 357. 2 Methyl Naphthalene 358. C11 Tetralin or Indane 359. 2,3 Dimethyl Naphthalene 360. C12 Disubstituted Naphthalenes 361. Dimethyl Naphthalenes 362. C12 Monosubstituted Naphthalenes 363. C12 Tetralin or Indane 364. C 13 Disubstituted Naphthalenes 365. C 13. Trisubstituted Naphthalenes 366. 

# cn Monosubstituted Naphthalenes 367. Acetylene 368. Methyll\cetylene 369. 2 Butyne 370. Ethyl Acetylene 371. Methanol 372. Ethanol 373. Isopropanol (2 Propanol or Isopropyl Alcohol) 374. n Propanol (n Propyl Alcohol) 375. Isobutanol (Isobutyl Alcohol) 376. 1 Butanol 

## En Butyll'Jcohol) 377. 2 Butanol (s Butyl Alcohol) 378. t Butyll\lcohol 379. Cyclopentanol 380. 2 Pentanol 381. 3 Pentanol 382. n Pentanol (Amyl Alcohol) 383. Isoamyl Alcohol (3 Methyl 1 Butanol) 384. 2 Methyl 1 Butanol 385. Cyc1ohexanol 386. 1 Hexanol 387. 2 Hexanol 388. 4 Methyl 2 Pentanol (Methyl Isobutyl Carbinol) 389. 1 Heptanol 390. Dimethylpentanol (2,3 Dimethyl 1 Pentanol) 391. 1 Octanol 392. 2 Ethyl 1 Hexanol (Ethyl Hffi(y1 Pdcohol) 393. 2 Octanol 394. 3 Octanol 395. 4 Octanol 396. 5 Methyl 1 Heptanol 397. Trimethylcyc1ohexanol 3.26 2.83 2.83 4.61 4.61 4.61 2.56 5.54 5.54 5.54 4.20 2.33 5.08 5.08 3.86 1.25 6.45 16.33 6.20 0.71 1.69 0.71 2.74 2.24 3.34 1.60 0.45 1.96 1.74 1.73 3.35 2.73 2.60 2.25 2.74 2.46 2.89 2.21 2.51 2.01 2.20 2.16 2.57 3.07 1.95 2.17Electronic Filing· Received, Clerk"s Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

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398. Dimethylheptanol (2,6 Dimethyl 2 Heptanol) 1.07 399. 2,6 Dimethyl 4 Heptanol 2.37 400. Menthol 1.70 401. Isodecyll\lcohol (8 Methyl 1 Nonanol) 1.23 402. 1 Decanol 1.22 403. 3,7 Dimethyl 1 Octanol 1.42 404. TrimethylnonanolthTeoerythTo; 2,6,8 Trimethyl 4 Nonanol 1.55 405. Ethylene Glycol 3.36 406. Propylene Glycol 2.75 407. 1,2 Butanediol 2.21 408. Glycerol (1,2,3 Propanetriol) 3.27 409. 1,4 Butanediol 3.22 410. Pentaerythritol 2.42 411. 1,2 DihydrOJcy Hexane 2.75 412. 2 Methyl 2,4 Pentanediol 1.04 413. 2 Ethyl 1,3 Hexanediol 2.62 414. Dimethyl Ether 0.93 415. Trimethylene Oxide 5.22 416. 1,3 Dioxolane 5.47 417. Dimethoxymethane 1.04 418. Tetrahydrofuran 4.95 419. Diethyl Ether 4.01 420. 1,4 Dioxane 2.71 421. Alpha Methyltetrahydrofuran 4.62 422. Tetrahydropyran 3.81 423. Ethyl Isopropyl Ether 3.86 424. Methyl n Butyl Ether 3.66 425. Methyl t Butyl Ether 0.78 426. 2,2 Dimethoxypropane 0.52 427. Di n Propyl Ether 3.24 428. Ethyl n Butyl Ether 3.86 429. Ethyl t Butyl Ether 2.11 430. Methyl t Amyl Ether 2.14 431. Di isopropyl Ether 3.56 432. Ethylene Glycol Diethy1 Ether; 1,2 Diethoxyethane 2.84 433. Acetal (1,1 Diethoxyethane) 3.68 434. 4,4 Dimethyl 3 O]cahe]cane 2.03 435. 2 Butyl Tetrahydrofuran 2.53 436. Di Isobutyl Ether 1.29 437. Di R butyl Ether 3.17 438. 2 Methoxy 1 (2 Methoxy 1 MethylethOJcy) Propane 2.09 439. Di R Pentyl Ether 2.64 440. Ethylene Glycol Monomethyl Ether (2 MethOJcyethanol) 2.98 441. Propylene Glycol Monomethy1 Ether (1 Methoxy 2 Propanol) 2.62 442. 2 Ethoxyethanol 3.78 443. 2 Methoxy 1 Propanol 3.01Electronic Filing

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### * * * * * * * Errata Sheet and PC #3 

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444. 3 Methoxy 1 Propanol 4.01 445. Diethylene Glycol 3.55 446. Tetrahydro 2 Furanmethanol 3.54 447. Propylene Glycol Monoethyl Ether (1 Ethmcy 2 Propanol) 3.25 448. Ethylene Glycol Monopropyl Ether (2 Propoxyethanol) 3.52 449. 3 EthoX)' 1 Propanol 4.24 450. 3 Methoxy 1 Butanol 0.97 451. Diethylene Glycol Methyl Ether [-2 (2 Methoxyethmcy) Ethanol] 2.90 452. Propylene Glycol Monopropyl Ether (1 Propmcy 2 Propanol) 2.86 453. Ethylene Glycol Monobutyl Ether [2 Butmcyethanol] 2.90 454. 3 Methoxy 3 Methyl Butanol 1.74 455. n Propoxypropanol 3.84 456. 2 (2 EthoxyethmC)0 Ethanol 3.19 457. Dipropylene Glycol 2.48 458. Triethylene Glycol 3.41 459. Propylene Glycol t Butyl Ether (1 tert ButmC)' 2 Propanol) 1.71 460. 2 tert Butoxy 1 Propanol 1.81 461. n Butmcy 2 Propanol 2.70 462. Dipropylene Glycol Methyl Ether Isomer (1 Methoxy 2 [2 Hydroxypropoxy] Propane) 2.21 463. Dipropylene Glycol Methyl Ether Isomer (2 [2 Methmcypropoxy] 1 Propanol) 2.70 464. 2 HeX)'lmcyethanol 2.45 465. 2 (2 Propmcyethmcy) 3.00 466. 2,2,4 Trimethyl 1,3 Pentanediol 1.74 467. 2 (2 ButmcyethmC)') Ethanol 2.87 468. 2 [2 (2 Methmcyethmcy) Ethoxy] Ethanol 2.62 469. Dipropylene Glycol Ethyl Ether 2.75 470. Ethylene Glycol 2 EthylheX)'l Ether [2 (2 Ethylhmcylmcy) Ethanol] 1.71 471. 2 [2 (2 Ethoxyethoxy) Ethmcy] Ethanol 2.66 472. Tetraethylene Glycol 2.84 473. 1 (Butoxyethoxy) 2 Propanol 2.08 474. 2 (2 HeJcylmcyethoxy) Ethanol 2.03 475. Glycol Ether dpnb (1 (2 ButoX)' 1 Methylethmcy) 2 Propanol) 1.96 476. 2 [2 (2 Propmcyethmcy) Ethoxy] Ethanol 2.46 477. 2 [2 (2 Butmcyethmcy) Ethmcy] Ethanol 2.24 478. Tripropylene Glycol Monomethyl Ether 1.90 479. 2,5,8,11 Tetraoxatridecan 13 

### 01 2.15 480. 3,6,9,12 Tetraoxahexadecan 1 

### 01 1.90 481. Cumene Hydroperoxide (1 Methyl 1 Phenylethylhydroperoxide)* 12.61 482. Methyl Formate 0.06 483. Ethyl Formate 0.52 484. Methyl Acetate 0.07 485. gamma Butyrolactone 1.15 486. Ethyl Acetate 0.64 487. Methyl Propionate 0.71Electronic Filing

- Received, Clerk"s Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * 

### * * * *

488. n Propyl Formate 0.93 489. Isopropyl Formate 0.42 490. Ethyl Propionate 0.79 491. Isopropyl Acetate 1.12 492. Methyl Butyrate 1.18 493. Methyl Isobutyrate 0.70 494. n Butyl Formate 0.95 495. Propyl Acetate 0.87 496. Ethyl Butyrate 1.25 497. Isobutyl Acetate 0.67 498. Methyl Pivalate (2,2 Dimethyl Propanoic l\cid Methyl Ester) 0.39 499. n Butyll\cetate 0.89 500. n Propyl Propionate 0.93 501. s Butyl Acetate 1.43 502. t Butyl Acetate 0.20 503. Butyl Propionate 0.89 504. Amyl Acetate 0.96 505. n Propyl Butyrate 1.17 506. Isoamyl Acetate (3 Methylbutyl Acetate) 1.18 507. 2 Methyl 1 Butyl Acetate 1.17 508. EEP £olvent (Ethyl 3 Ethoxy Propionate) 3.61 509. 2,3 Dimethylbutyl Acetate 0.84 510. 2 Methylpentyl Acetate 1.11 511. 3 Methylpentyl Acetate 1.31 512. 4 Methylpentyll.ccetate 0.92 513. Isobutyl Isobutyrate 0.61 514. n Butyl Butyrate 1.12 515. n Hexyll.ccetate (Hexyl Acetate) 0.87 516. Methyl Amyl Acetate (4 Methyl 2 PentanolAcetate) 1.46 517. n Penty1 Propionate 0.79 518. 2,4 Dimethylpentyl Acetate 0.98 519. 2 Methylhexyl Acetate 0.89 520. 3 Ethylpenty1 Acetate 1.24 521. 3 Methy1hexyl Acetate 1.01 522. 4 MethylheJcyI Acetate 0.91 523. 5 Methylhmcyl Acetate 0.79 524. Isoamyllsobutyrate 0.89 525. n Heptyl Acetate (Heptyl Acetate) 0.73 526. 2,4 Dimethylhmcyl Acetate 0.93 527. 2 Ethyl Hexyl Acetate 0.79 528. 3,4 DimethylheJcyI Acetate 1.16 529. 3,5 Dimethylhexyl Acetate 1.09 530. 3 Ethylhexyl Acetate 1.03 531. 3 Methylheptyl Acetate 0.76 532. 4,5 Dimethylhexyl Acetate 0.86 533. 4 Methylheptyl Acetate 0.72Electronic Filing· Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

534. 5 Methylheptyll\:eetate 535. n Oetyl Aeetate 536. 2,3,5 Trimethylhexyl Aeetate 537. 2,3 Dimethylheptyl Aeetate 538. 2,4 Dimethylheptyl Aeetate 539. 2,5 Dimethylheptyl Aeetate 540. 2 Methyloetyl Aeetate 541. 3,5 Dimethylheptyl Aeetate 542. 3,6 Dimethylheptyl Aeetate 543. 3 Ethylheptyl Aeetate 544. 4,5 Dimethylheptyl Aeetate 545. 4,6 Dimethylheptyl Aeetate 546. 4 Methyloetylt\eetate 547. 5 Methyloetyl Aeetate 548. n Nonyll\:eetate 549. 3,6 Dimethyloetyl Aeetate 550. 3 Isopropylheptyl Aeetate 551. 4,6 Dimethyloetyl Aeetate 552. 3,5,7 Trimethyloetyll\eetate 553. 3 Ethyl 6 Methyloetyl Aeetate 554. 4,7 Dimethylnonyl Aeetate 555. Methyl Dodeoanoate (Methyl Laurate) 556. 2,3,5,7 Tetramethylootyl Aeetate 557. 3,5,7 Trimethylnonyl f

... oetate 558. 3,6,8 Trimethylnonyl Aoetate 559. 2,4,6,8 Tetramethylnonyl Aoetate 560. 3 Ethyl 6,7 Dimethylnonyll\eetate 561. 4,7,9 Trimethyldeoyl Aeetate 562. Methyl Myristate (Methyl Tetradeoanoate) 563. 2,3,5,6,8 Pentaamethylnonyl Aoetate 564. 3,5,7,9 Tetramethyldeeyl Aoetate 565. 5 Ethyl 3,6,8 Trimethylnonyl Aoetate 566. Dimethyl Carbonate 567. Propylene Carbonate (4 Methyl 1,3 Dioxolan 2 one) 568. Methyl Laotate 569. 2 Methoxyethyl f

... oetate 570. Ethyl Laotate 571. Methyl Isopropyl Carbonate 572. Propylene Glyeol Monomethyl Ether Aoetate (1 Methmcy 2 Propyl Aeetate) 573. 2 Ethoxyethyl Aoetate 574. 2 Methmcy 1 Propyll\oetate 575. Methoxypropanol Aoetate 576. Dimethyl £ueeinate 577. Ethylene Glyool Diaoetate 578. 1,2 Propylene Glyool Diaoetate 0.73 0.64 0.86 0.84 0.88 0.86 0.63 1.01 0.87 0.71 0.96 0.83 0.68 0.67 0.58 0.88 0.71 0.85 0.83 0.80 0.64 0.53 0.74 0.76 0.72 0.63 0.76 0.55 0.47 0.74 0.58 0.77 0.06 0.25 2.75 1.18 2.71 0.69

1.71 1.90 1.12 1.97 0.23 0.72 0.94Electronic Filing

- Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

579. Diisoptopyl Garbonate 1.04 580. Dimethyl Glutarate 0.51 581. Ethylene Glycol Monobutyl Ether Acetate (2 Butoxyethyl Acetate) 1.67 582. Dimethyl Adipate 1.95 583. 2 (2 Ethoxyethoxy) Ethyl Acetate 1.50 584. Dipropylene Glycol n Propyl EtherIsomer #1 2.13 585. Dipropylene Glycol Methyl Ether Acetate Isomer #1 1.41 586. Dipropylene Glycol Methyl Ether f

... cetate Isomer #2 1.58 587. Dipropylene Glycol Methyl Ether Acetate 1.49 588. Glyceryl Triacetate 0.57 589. 2 (2 Butoxyethoxy) Ethyl Acetate 1.38 590. Substituted G7 Ester (G12) 0.92 591. 1 Hydroxy 2,2,4 Trimethylpentyl 3 Isobutyrate 0.92 592. 3 HydrOJcy 2,2,4 Trimethylpentyl 1 Isobutyrate 0.88 593. Hydroxy 2,2,4 Trimethylpentyl Isobutyrate Isomers (2,2,4 Trimethyl 1,3 Pentanediol Monoisobutyrate) 0.89 594. Substituted G9 Ester (G12) 0.89 595. Dimethyl Sebacate 0.48 596. Diisopropyl Adipate 1.42 597. Ethylene Oxide 0.04 598. Propylene Oxide 0.32 599. 1,2 Epoxybutane (Ethyl OxiraRe) 1.02 600. Formic Acid 0.08 601. Acetic Acid 0.50 602. Glycolic Acid (Hydroxyacetic Acid) 2.67 603. Peracetic Acid (Peroxyacetic Acid)* 12.62 604. Acrylic l\cid 11.66 605. Propionic l\cid 0.79 606. Methacrylic Acid 18.78 607. Isobutyric Acid 1.22 608. Butanoic Acid 1.78 609. Malic Acid 7.51 610. 3 Methylbutanoic Acid 4.26 611. Adipic Acid 3.37 612. 2 Ethyl HexaRoic Acid 3.49 613. Methyl Acrylate 12.24 614. Vinyl Acetate 3.26 615. 2 Methyl 2 Butene 3 01 (1,2 Dimethylpropyl 1 en 1 01) 5.12 616. Ethyl Acrylate 8.78 617. Methyl Methacrylate 15.84 618. Hydroxypropyl Acrylate 5.56 619. n Butyl Acrylate 5.52 620. n Butyll\crylate 5.52 621. Isobutyl Acrylate 5.05 622. Butyl Methacrylate 9.09 623. Isobutyl Methacrylate 8.99Electronic Filing

- Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

624. Isobornyl Methacrylate* 625. a Terpineol 626. 2 Ethyl Hexyll\crylate 627. Furan 628. Fonnaldehyde 629. Acetaldehyde 630. Propionaldehyde 631. 2 Methylpropanal 632. Butanal 633. C4 Aldehydes 634. 2,2 Dimethylpropanal (Pivaldehyde) 635. 3 Methylbutanal (Isovaleraldehyde) 636. Pentanal (Valeraldehyde) 637. C5 Aldehydes 638. Glutaraldehyde 639. Rexanal 640. C6 Aldehydes 641. Heptanal 642. C7 Aldehydes 643. 2 Methyl Rexanal 64 4. Octanal 645. C8 Aldehydes 646. Glyoxal 647. Methyl Glyoxal 648. Aorolein 649. Crotonaldehyde 650. Methacrolein 651. Hydrmcy Methacrolein 652. Benzaldehyde 653. Tolualdehyde 654. Acetone 655. Cyclobutanone 656. Methyl Ethyl Ketone (2 Butanone) 657. Cyclopentanone 658. C5 Cyolic Ketones 659. Methyl Propyl Ketone (2 Pentanone) 660. 3 Pentanone 661. C5 Ketones 662. Methyl Isopropyl Ketone 663. 2,4 Pentanedione 664. Cye1ohexanone 665. C6 Cyclic Ketones 666. Methyl Isobutyl Ketone (4 Methyl 2 Pentanone) 667. Methyl n Butyl Ketone (2 Rexanone) 668. MethJ'l t Butyl Ketone 669. C6 Ketones 8.64 5.16 2.42 16.54 8.97 6.84 7.89 5.87 6.74 6.74 5.40 5.52 5.76 5.76 4.79 4.98 4.98 4.23 4.23 3.97 3.65 3.65 14.22 16.21 7.60 10.07 6.23 6.61 0.00 0.00 0.43 0.68 1.49 1.43 1.43 3.07 1.45 3.07 1.64 1.02 1.61 1.61 4.31 3.55 

### .0.78 3.55Electronic Filing

- Received, Clerk"s Office, 

### July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

670. C7 Cyelic Ketones 671. Methyl Amyl Ketone (2 Heptanone) 672. 2 Methyl 3 Hexanone 673. Di Isopropyl Ketone 674. C7 Ketones 675. 3 Methyl 2 Hexanone 676. Methyl Isoamyl Ketone (5 Methyl 2 Hexanone) 677. C8 Cyelic Ketones 678. 2 Octanone 679. C8 Ketones 680. C9 Cyelic Ketones 681. 2 Propyl Cyelohexanone 682. 4 Propyl Cyclohexanone 683. 2 Nonanone 684. Di Isobutyl Ketone (2,6 Dimethyl 4 Heptanone) 685. C9 Ketones 686. CI0 Cyclic Ketones 687. 2 Decanone 688. CI0 Ketones 689. 2,6,8 Trimethyl 4 Nonanone; Isobutyl Heptyl Ketone 690. Biacetyl 691. Methylvinyl ketone 692. Mesityl Oxide (2 Methyl 2 Penten 4 one) 693. Isophorone (3,5,5 Trimethyl 2 Cyclohmcenone) 694. 1 Nonene 4 one 695. Hydroxy Acetone 696. Dihydrmcyacetone 697. Methmcy Acetone 698. Diacetone Alcohol (4 Hydrmcy 4 Methyl 2 Pentanone) 699. Phenol 700. C7 Alleyl Phenols 701. m Cresol 702. p Cresol 703. 0 Cresol 704. C8 Alkyl Phenols 705. C9 Alkyl Phenols 706. C10 ,''.tlleyl Phenols 707. Cll i\Jkyl Phenols 708. C12 Alkyl Phenols 709. 2 Phenmcyethanol; Ethylene Glycol Phenyl Ether 710. 1 Phenoxy 2 Propanol 711. Nitrobenzene 712. Para Toluene Isocyanate 713. Toluene Diisocyanate (Mixed Isomers) 714. Methylene Diphenylene Diisocyanate 715. N Methyl Acetamide* 1.41 2.80 1.79 1.63 2.80 2.81 2.10 1.25 1.66 1.66 1.13 1.71 2.08 1.30 2.94 1.30 1.02 1.06 1.06 1.86 20.73 8.73 17.37 10.58 3.39 3.08 4.02 2.14 0.68 1.82 2.34 2.34 2.34 2.34 2.07 1.86 1.68 1.54 1.42 3.61 1.73 0.07 0.93 0.00 0.79 19.70Electronic Filing· Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

716. Dimethyl Amine 717. Ethyl Amine 71 8. Trimethyl Amine 719. Triethyl Amine* 720. Diethylenetriamine* 721. Ethanolamine 722. Dimethylaminoethanol 723. Monoisopropanol Amine (1 Amino 2 Propanol) * 724. 2 Amino 2 Methyl 1 Propanol* 725. Diethanol Amine 726.· Triethanolamine 727. Methyl Pyrrolidone 

# eN Methyl 2 Pyrrolidone) 728. Morpholine* 729. Nitroethane* 730. Nitromethane* 731. 1 Nitropropane* 732. 2 Nitropropane* 733. Dexpanthenol (Pantothenylol)* 734. Methyl Ethyl Ketoxime (Ethyl Methyl Ketone Oxime)* 735. Hydroxyethylethylene Urea* 736. Methyl Chloride 737. Methylene Chloride (Diehloromethane) 738. Methyl Bromide 739. Chloroform 740. Carbon Tetraehloride 741. Methylene Bromide 742. Vinyl Chloride 743. Ethyl Chloride 744. 1, 1 Diehloroethane 745. 1,2 Diehloroethane 746. Ethyl Bromide 747. 1,1,1 Triehloroethane 748. 1,1,2 Triehloroethane 749. 1,2 Dibromoethane 750. n Propyl Bromide 751. n Butyl Bromide 752. trans 1,2 Diehloroethene 753. Triehloroethylene 754. Perehloroethylene 755. 2 (Chloro Methyl) 3 ChI oro Propene 756. MonoelHorobenzene 757. p Diehlorobenzene 758. Benzotrifluoride 759. PCBTF (p Trifluoromethyl CI Benzene) 760. HFC 134a (1,1,1,2 Tetrafluoroethane)* 761. HFC 152a (1, 1 Difluoroethane)* 9.37 7.80 7.06 16.60 13.03 5.97 4.76 13.42 15.08 4.05 2.76 2.56 15.43 12.79 7.86 16.16 16.16 9.35 22.04 14.75 0.03 0.07 0.02 0.03 0.00 0.00 2.92 0.25 0.10 0.10 0.11 0.00 0.06 0.05 0.35 0.60 0.81 0.60 0.04 1.13 0.36 0.20 0.26 0.11 0.00 0.00Electronic Filing

- Received, Clerk"s Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

762. Dimethyl Sulfoxide 763. Unspeciated C6 Alkanes 764. Unspeciated C7 l.clkanes 765. Unspeciated C8 Alkanes 766. Unspeciated C9 Alkanes 767. Unspeciated C10 Alkanes 768. Unspeciated Cll Alkanes 769. Unspeciated C12 Alkanes 770. Unspeciated C13 Alkanes 771. Unspeciated C 14 Alkanes 772. Unspeciated CIS Alkanes 773. Unspeciated C 16 Alkanes 774. Unspeciated C17 Alkanes 775. Unspeciated C1 8 zA.clkanes 776. Unspeciated C10 Aromatics 777. Unspeciated C11 Aromatics 778. Unspeciated C12 Aromatics 779. Base ROG Mixture 780. Alkane, Mixed Predominantly (Minimally 94%) C13 14 781. Oxo Hex)'l Acetate 782. Oxo Hept)'l Acetate 783. Oxo Octyl Acetate 784. Oxo NOllYl Acetate 785. Oxo Dec)'l Acetate 786. Oxo Dodec)'l Acetate 787. Oxo Tridecyll.ccetate 6.90 1.48 1.79 1.64 2.13 1.16 0.90 0.81 0.73 0.67 0.61 0.55 0.52 0.49 5.48 4.96 4.53 3.71 0.67 1.03 0.97 0.96 0.85 0.83 0.72 0.67



### * ULMIR (as defined in Section 94521(a)(71), title 17, California Code of Regulations).

15. Strike the whole of Appendix B from the rule, including references in the index to the Appendix. The USEP A has promulgated an identical rule concerning "Aerosol Coatings" thus mooting the proposed Subpart D and related appendices.

i\PPENDIXB

}

... PPENDIX B MIR VALUES FOR HYDROCARBON SOLVENTS



### ***

MIR VALUES FOR HYDROCARBON SOLVENTS

(a) Aliphatie HydFaearban Salvents

Bin }

... veFage Bailing Bailing Paint*** (degFees F) CFiteFia MIRVaIaeElectronic Filing· Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

1 80205 Alkanes 

## « 2% ld'omatics) 2.08

2 80205 N & Iso i\lkanes ( > 90% and < 2% Aromatics) 1.59

3 80205 Cyclo i\lkanes (> 90% and < 2% Aromatics) 2.52

4 80205 Alkanes (2 to < 8% Aromatics) 2.24

5 80205 Alkanes (8 to 22% Aromatics) 2.56

6 >205 340 i\lkanes 

## « 2% Aromatics) 1.41

7 >205 340 N & Iso i\lkanes (> 90% and < 2% Aromatics) 1.17

8 >205 340 Cyclo Alkanes ( > 90% and < 2% Aromatics) 1.65

9 >205 340 Alkanes (2 to < 8% Aromatics) 1.62

10 >205 340 Alkanes (8 to 22% ld'omatics) 2.03

11 >340 460 Alkanes 

## « 2% Aromatics) 0.91

12 >340 460 N & Iso Alkanes ( > 90% and < 2% i\:Fomatics) 0.81

13 >340 460 Cyclo Alkanes ( > 90% and < 2% l

... romatics) 1.01

14 >340 460 j'...lkanes (2 to < 8% Aromatics) 1.21

15 >340 460 i\lkanes (8 to 22% Aromatics) 1.82

16 >460 580 Alkanes 

## « 2% Aromatics) 0.57

17 >460 580 N & Iso Alkanes ( > 90% and < 2% Aromatics) 0.51

18 >460 580 Cyclo Alkanes ( > 90% and < 2% Aromatics) 0.63

19 >460 580 Alkanes (2 to < 8% Aromatics) 0.88Electronic Filing

- Received, Clerk"s Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

20 >460 580 Alkanes (8 to 22% Aromatics) 1.49



## *** liverage Boiling Point (Initial Boiling Point =1= Dry Point) ,I 2

(b) Aromatie Hydroearbon Solvents

Bin Boiling Range (degrees F)

21 280290

22 320350

23 355 420

24 450 535 Criteria

Aromatic Content (>98%)

Aromatic Content (>98%)

Aromatic Content (>98%)

l'.cromatic Content (>98%) l\flR Value

7.37

7.51

8.07

5.00

16. 

## * ULMIR (as defined in Section 94521(a)(71), title 17, California Code of Regulations)

.

To correct point 14 on the Illinois EPA's Second Errata Sheet, which states:

14. Amend Section 223.255 223.320, to clarifY that companies only have to submit date codes to the Illinois EPA upon request. It was not intended that companies should be required to provide this information without a request from the Illinois EPA.

a) If a manufacturer uses a code other than specified in 223 .250(b ) indicating the date of manufacture for any consumer product subject to Section 223.205(a), an explanation of the date portion of the code must be filed with the Agency upon request. no later than 12 months prior to the effective date of the applicable standard specified in Section 223.205.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL PROTECTION AGENCYElectronic Filing

- Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

Charles E. Matoesian Assistant Counsel

DATED:

_ 1021 North Grand Avenue East P.O. Box 19276 Springfield, Illinois 62794-9276 (217) 782-5544

52Electronic Filing· Received, Clerk's Office, July 10, 2008



### * * * * * * 

### * Errata Sheet and PC #3 

### * 

### * * * *

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: ) ) PROPOSED NEW 35 ILL. ADM. CODE ) PART 223 STANDARDS AND ) LIMITATIONS FOR ORGANIC ) MATERIAL EMISSIONS FORAREA ) SOURCES ) ) R08

- 017 (Rulemaking

- Air)

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY'S POST-HEARING COMMENTS TO THE JUNE 4, 2008 HEARING ON THE PROPOSAL FOR THE ADDITION OF 35 ILL. ADM. CODE 223

NOW COMES the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

("Illinois EPA"), by one of its attorneys, and hereby submits its post-hearing comments

in the above rulemaking proceeding. The Illinois EPA has reviewed the transcript of the

June 4, 2008, hearing and responds to the information requests as follows:

1. To the information request on Transcript page 9, line 12:

The reductions anticipated to come from the proposed regulation were indeed included in the recent attainment demonstration for Illinois.

2. To the information request on Transcript page 11, line 6:

The Agency filed the proposed regulation as soon as was possible given the staff
resources, and the combination of the Consumer Products rule with AIM Coatings rule and the now withdrawn Aerosol Coatings rule. An extensive amount of consultation with 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.

3. To the information request on Transcript page 14, line 18:

In the interest of providing a clear and complete record, all questions to which the Agency committed to respond in writing are included here. However, the requested document at the above citation in the transcript was submitted by Ms. Hodge as Exhibit 3, and was admitted as such at page 21 of the transcript, line 7. It should be noted, as it

was a number of times at the public hearing, that the proposed regulation was not in factElectronic Filing

- Received, Clerk"s Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

based on the 2001 aTC Model Rule. The 2006 aTC Model Rule was used as a resource, in addition to input from affected industries, and the omission of the document from the documents relied upon submitted to the Board was inadvertent.

4. To the information request on Transcript page 17, line 2:

The Agency will be submitting the most recent white paper for consumer products that LADCa has made available. The updated version is dated March 10, 2006, and is essentially unchanged in any way pertaining to the questions posed at hearings. The estimated reductions for the aTC model rule for consumer products remain 14.2% beyond existing federal rules, and include the additional categories in the 2006 aTC model rule. It should be noted, as it was a number of times at the public hearing, that the proposed regulation was not in fact based on the 2001 aTC Model Rule.

5. To the information request on Transcript page 19, line 12:

See response to question 3. The document requested at this point in the hearing was submitted as Exhibit 3, and the document is highlighted to reflect the changes from the 2001 and 2006 versions of the aTC Model Rule for Consumer Products.

6. To the information request on Transcript page 28, line 8:

As stated in response 4, the most recent white paper and up to date research conducted by LADCa and Mactec does indeed include the additional categories mentioned at the hearing. The overall percent reduction likely was not changed as a result of the new categories due to several factors: (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 the additional categories were already included in the existing categories, but were given more specific categories and limits.

7. To the information request on Transcript page 30, line 6:

In response to the question by Ms. Hodge in the above transcript citation, one can refer to the response to question 6, the question being whether emission reductions were considered to come from the additional categories in question. Indeed these categories

were included in the estimated 14.2% emission reduction, therefore further independent research by the Agency regarding the additional categories will not be necessary.

8. To the information request on Transcript page 31, line 17:Electronic Filing· Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

See response 8. Since the additional categories were considered in the LADCO/Mactec white papers, a case by case determination for emission reductions from the additional categories would not be necessary.

9. To the information request on Transcript page 36, line 24:

The table referred to in the transcript from the OTC Model Rule was removed from the Illinois rule because the compounds listed were ozone depleting compounds. It is the position of the Agency that these compounds are regulated for other purposes in Illinois and federally and so should not be included in an area source YOM regulation.

10. To the information request on Transcript page 39, line 21:

Questions 10-12 concern additional support for a few additional categories not included in the Table 2.2.1 in the Technical Support Document. The categories in question have in fact been researched by CARB for similar rulemakings, and this support was the basis for their inclusion in the OTC Model Rule. These support documents can be found on the CARB website at:

http://www.arb.ca.gov/regact/conprod/conprod.htm

This site contains a total record of a rulemaking to consider amendments to CARB

consumer products rules, and includes technical support and economic analysis for the toilet and urinal care products category. The Agency did not include analyses from each of the amendment phases of the California rulemakings as the documentation to be submitted would have been voluminous. The aforementioned (response 4) white paper

was relied upon as an overall analysis of economic impact and cost effectiveness. These documents can be formally submitted if the Board so orders.

11. To the information request on Transcript page 40, line 10:

In response to a follow up question to 10, "

... will the agency go forth and do it's own analysis to support those additional categories?," the Agency will not be doing such analyses. The support documents described above were produced by CARB for a similar rulemaking, as were the technical and economic analyses provided to the Board for this Illinois rulemaking. As was previously stated in response 4, the addition of the categories in question did not significantly impact the overall percentage reduction or economic impact of the proposed regulation.

12. To the information request on Transcript page 40, line 18:

It is the Agency's position that the Board should move forward with adoption of the proposed rule given that appropriate technical and economic analyses have been performed for all affected categories.

13. To the information request on Transcript page 58, line 1:Electronic Filing· Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

The word "beret" is the appropriate tenn and refers to a structure for reducing soil erosion.

14. To the infonnation request on Transcript page 58, line 12:

The word "fetal" was an error in the OTC AIM Model Rule and should be changed to "final." This has been addressed in the errata.

15. To the infonnation request on Transcript page 53, line 5:

Per Mr. Fox's request, the addresses ofthe South Coast Air Quality Management District, Bay Area Air Quality Management District, and CARB:



### South Coast Air Quality Management District 21865 Copley Dr. Diamond Bar CA 91765



### Bay Area Air Quality Management District Office 939 Ellis Street San Francisco, CA 94109



### California Air Resources Board 1001 I Street P.O. Box 2815 Sacramento, CA 95812



### Attachments:

ASTM D86-07b Updated White Paper 3/1 0/06 CA Code of Regulations, Section 94509

Respectfully submitted,



### ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY

Charles E. Matoesian Assistant CounselElectronic Filing· Received, Clerk's Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

DATED:

_ 1021 North Grand Avenue East P.O. Box 19276 Springfield, Illinois 62794-9276 (217) 782-5544

5Electronic Filing· Received, Clerk"s Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * * * * *

STATE OF ILLINOIS

COUNTY OF SANGAMON ) ) ) SS

CERTIFICATE OF SERVICE

I, the undersigned, an attorney, state that I have electronically served the attached ILLINOIS ENVIRONMENTAL PROTECTION AGENCY'S THIRD ERRATA SHEET TO ITS PROPOSAL FOR THE ADDITION OF 35 ILL. ADM. CODE 223 and the ILLINOIS ENVIRONMENTAL PROTECTION AGENCY'S POST-HEARING COMMENTS TO THE JUNE 4, 2008 HEARING ON THE PROPOSAL FOR THE ADDITION OF 35 ILL. ADM. CODE 223 upon the following person:

John Therriault, Assistant Clerk Illinois Pollution Control Board James R. Thompson Center 100 West Randolph, Suite 11-500 Chicago, Illinois 60601-3218

and mailing it by first class mail from Springfield, Illinois, with sufficient postage affixed to the following persons:

SEE ATTACHED SERVICE LIST

ILLINIOS ENVIRONMENTAL PROTECTION AGENCY

By:



### --------- Charles E. Matoesian Assistant Counsel Division of Legal Counsel

DATED: July 10,2008

1021 North Grand Ave. East Springfield, IL 62794-9276 217.782.5544 217.782.9143 (TDD)Electronic Filing

- Received, Clerk"s Office, July 10, 2008



### * * * * * * * Errata Sheet and PC #3 

### * 

### * * * *

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF: ) ) PROPOSED NEW 35 ILL. ADM. CODE ) 

### PART 223 STANDARDS AND ) LIMITATIONS FOR ORGANIC ) MATERIALEMISSIONS FORAREA ) SOURCES ) ) R08

- 017 (Rulemaking

- Air)

Timothy Fox, Hearing Officer Illinois Pollution Control Board State of Illinois Center 100 West Randolph, Suite 11-500 Chicago, Illinois 60601

Matthew J. Dunn, Chief Office of Attorney General Environmental Bureau 69 W. Washington St., Suite 1800 Chicago, IL 60602 SERVICE LIST

Mark A. Bie1 Chemical Industry Council of Illinois 400 W. Monroe, Suite 205 Springfield, IL 62704

Katherine D. Hodge Monica Rios Lauren C. Lurkins 3150 Roland Ave. Springfield, IL 62705

Virginia 1. Yang Illinois Department of Natural Resources Office of Legal Counsel One Natural Resources Way Springfield, IL 62702..:1271