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.us
R 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 1
R 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 2
R 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 3
R 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.

Page 4
tEPA ATTACHMENT NO. 10

I

1

<:

:.,':.'

tl.

RULES

OF GOVERNMENTAL

AGENC ES

1

'

"':··;

I

I

I

I

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 the Subjects and Issues Involved: These regulations are 

proposed in order to attain the new USEPA ozone NAAQS by 2010 and to protect the 

health of Illinois citizens. The regulations seek to reduce volatile organic material 

emissions ("VOM") from various consumer products, architectural and industrial 

maintenance products. If adopted, the rule will take effect on January 1, 2009. These 

products represent significant, yet widely diffuse, sources of VOM and are comprised of 

the various forms of consumer products used by individual households and small 

businesses. Together, these items emit about 10% of the total anthropogenic VOM 

emissions from sources in Illinois. 

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 contain 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 Section 3(b) of the State Mandates Act [30 ILCS 

805/3(b) (2002)]. 

12) Time, Place, and Manner in which interested 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 download 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 municipalities 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 to be 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 compliance duties in other states. 

C) Types of professional skills 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 LIMITATIONS FOR ORGANIC 

MATERIAL EMISSIONS FOR AREA SOURCES 

SUBPART A: GENERAL PROVISIONS 

Section 

223.100 Severability 

223.105 Abbreviations and Acronyms 

223.120 Incorporations by Reference 

SUBPART B: CONSUMER AND COMMERCIAL PRODUCTS 

Section 

223.200 Purpose 

223.201 Applicability 

223.203 Definitions for Subpart B 

223.205 Standards 

223.206 Diluted Products 

223.207 Products Registered under FIFRA 

223.208 Requirements for Aerosol Adhesives 

223.209 Requirements for Floor Wax Strippers 

223.210 Products Containing Ozone-Depleting Compounds 

223.220 Requirements for Charcoal Lighter Material 

223.230 Exemptions 

223.240 Innovative Product Exemption 

223.245 Alternative Compliance Plans 

223.250 Product Dating 

223.255 Additional Product Dating Requirements 

223.260 Most Restrictive Limit 

223.265 Additional Labeling Requirements for Aerosol Adhesives, Adhesive Removers, 

Electronic Cleaners, Electrical Cleaners, Energized Electrical Cleaners, and 

Contact Adhesives 

223.270 Reporting Requirements 
 ILLINOIS REGISTER 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 clause of this Part is found invalid, such finding shall not affect the 

validity of this Part as a whole or any Section, subsection, or clause not found invalid. 

Section 223.105 Abbreviations and Acronyms 

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

same as those found in 35 Ill. Adm. Code 211. The following abbreviations and 

acronyms are used in this Part: 

ACP Alternative Control Plan 

Act Environmental Protection Act [415 ILCS 5] 
 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 

CO2 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-Volatile Organic Material 

MVOM Medium Volatility Organic Material 

N2 Nitrogen 

N2O Nitrous Oxide 

OER Original Equipment Manufacturer 

PCBTF Parachlorobenzotrifluoride 

ROC Reactive Organic Compound 

ROG Reactive Organic Gas 

SCAQMD South Coast Air Quality Management District 

USEPA United States Environmental Protection Agency 

VOM Volatile Organic Material 

Section 223.120 Incorporations by Reference 

The following materials are incorporated by reference. These incorporations do not include any 

later amendments or editions. 

a) 40 CFR 59, subpart D, appendix A, Determination of Volatile Matter Content of 

Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings, 64 

Fed. Reg. 35002 (June 30, 1999). 

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

for Consumer Products, 69 Fed. Reg. 18803 (April 4, 2004). 
 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, Class I Controlled Substances, 68 Fed. Reg. 

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

Reg. 2859 (January 21, 2003). 

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

1996). 

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

PA 19428-2959. 

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

Construction and Materials, approved November 1, 2005. 

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

approved May 10, 1999. 

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

Formation of Organic Coatings at Room Temperature, approved 

December 1, 2003. 

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

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

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

in Light-Water Nuclear Power Plants, approved 2002. 

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

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

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

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

Products, approved October 1, 2003. 
 ILLINOIS REGISTER 17308

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

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

of Building Materials, approved 2007. 

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

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

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

Chromatography, reapproved 2006. 

11) ASTM E2167-01, Standard Guide for Selection and Use of Stone 

Consolidants (see section 4, Stone Consolidant), approved 2001. 

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

Wearing Course, approved 2006. 

13) ASTM D86-07b, Standard Test Method for Distillation of Petroleum 

Products at Atmospheric Pressure, approved 2007. 

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

CA 91765. 

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

91, Determination of Volatile Organic Compounds in Various Materials, 

revised February 1996. 

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

February 1993. 

3) SCAQMD Method 318-95, Determination of Weight Percent Elemental 

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

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

CA 94109. 

1) Bay Area Air Quality Management District (BAAQMD) Method 43, 

Determination of Volatile Methylsiloxanes in Solvent-Based Coatings, 

Inks, and Related Materials, proposed amendment February 4, 2004. 
 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 Compliance 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 emissions of volatile organic 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 Subpart shall apply to any person who sells, 

supplies, offers for sale, or manufactures consumer products on or after January 1, 2009, for use 

in Illinois. 

Section 223.203 Definitions for Subpart B 

The definitions contained in this Section apply only to the provisions of this Subpart. Unless 

otherwise defined in this Section, the definitions of terms used in this Subpart shall have the 

meanings specified for those terms in 35 Ill. Adm. Code 211. 

"Adhesive" means, for purposes of this Subpart, any product that is used to bond 

one surface to another by attachment. This does not include products used on 

humans and animals, adhesive tape, contact paper, wallpaper, shelf liners, or any 

other product with an adhesive incorporated onto or in an inert substrate. For 

"Contact Adhesive", adhesive does not include units of product, less packaging, 

that consist of more than one gallon. For "Construction, Panel, and Floor 

Covering Adhesive", and "General Purpose Adhesive", "Adhesive" does not 

include units of product, less packaging, that weigh more than one pound and 

consist of more than 16 fluid ounces. This limitation does not apply to aerosol 

adhesives. 

"Adhesive Remover" means a product designed to remove adhesive from either a 

specific substrate or a variety of substrates. "Adhesive Remover" does not 

include products that remove adhesives intended exclusively for use on humans or 

animals. 

For the purpose of this definition and the "Adhesive Remover" 

subcategories listed in this definition, the term "Adhesive" shall mean a 

substance used to bond one or more materials. Adhesive includes, but is 

not limited to, caulks, sealants, glues, or similar substances used for the 

purpose of forming a bond. 

"Floor and Wall Covering Adhesive Remover" means a product designed 

or labeled to remove floor or wall coverings and associated adhesive from 

the underlying substrate. 

"Gasket or Thread Locking Adhesive Remover" means a product designed 

or labeled to remove gaskets or thread locking adhesives. Products 

labeled for dual use as a paint stripper and gasket remover and/or thread 
 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 stickers, decals, stencils, or similar 

materials. "General Purpose Adhesive Remover" does not include "Floor 

or Wall Covering Adhesive Remover". 

"Specialty Adhesive Remover" means a product designed to remove 

reactive adhesives from a variety of substrates. Reactive adhesives 

include adhesives that require a hardener or catalyst in order for the bond 

to occur. Examples of reactive adhesives include, but are not limited to 

epoxies, urethanes, and silicones. "Specialty Adhesive Remover" does not 

include "Gasket or Thread Locking Adhesive Remover." 

 

"Aerosol Adhesive" means an aerosol product in which the spray mechanism is 

permanently housed in a nonrefillable can designed for hand-held application 

without the need for ancillary hoses or spray equipment. This does not include 

"special purpose spray adhesives", "mist spray adhesives" and "web spray 

adhesives". 

"Aerosol Cooking Spray" means any aerosol product designed either to reduce 

sticking on cooking and baking surfaces or to be applied on food, or both. 

"Aerosol Product" means a pressurized spray system that dispenses product 

ingredients by means of a propellant contained in a product or a product's 

container, or by means of a mechanically induced force. "Aerosol Product" does 

not include "Pump Spray". 

"Agricultural Use" means the use of any pesticide or method or device for the 

control of pests in connection with the commercial production, storage, or 

processing of any animal or plant crop. This does not include the sale or use of 

pesticides in properly labeled packages or containers that are intended for home 
 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 household or its immediate environment; 

"Structural Pest Control" means a use requiring a license under the 

Structural Pest Control Act [225 ILCS 235]; 

"Industrial Use" means use for or in a manufacturing, mining, or chemical 

process or use in the operation of factories, processing plants, and similar 

sites; 

"Institutional Use" means use within the lines of, or on property necessary 

for the operation of, buildings such as hospitals, schools, libraries, 

auditoriums, and office complexes. 

"Air Freshener" means any consumer product including, but not limited to, 

sprays, wicks, powders, and crystals, designed for the purpose of masking odors, 

or freshening, cleaning, scenting, or deodorizing the air. "Air Freshener" does not 

include products that are used on the human body, products that function 

primarily as cleaning products as indicated on a product label, "Toilet/Urinal Care 

Products", disinfectant products claiming to deodorize by killing germs on 

surfaces, or institutional and industrial disinfectants when offered for sale solely 

through institutional and industrial channels of distribution. "Air Freshener" does 

include spray disinfectants and other products that are expressly represented for 

use as air fresheners, except institutional and industrial disinfectants when offered 

for sale through institutional and industrial channels of distribution. To determine 

whether a product is an air freshener, all verbal and visual representations 

regarding product use on the label or packaging and in the product's literature and 

advertising may be considered. The presence of, and representations about, a 

product's fragrance and ability to deodorize (resulting from surface application) 

shall not constitute a claim of air freshening. 

"All Other Carbon-Containing Compounds" means all other compounds that 

contain at least one carbon atom and are not listed under Section 223.205(a) or are 

a "LVP-VOM". 

"All Other Forms" means all consumer product forms for which no form-specific 

VOM standard is specified. Unless specified 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 to the provisions of this Subpart. 

"Antimicrobial Hand or Body Cleaner or Soap" means a cleaner or soap that is 

designed to reduce the level of microorganisms on the skin through germicidal 

activity. This includes, but is not limited to, antimicrobial hand or body 

washes/cleaners, foodhandler hand washes, healthcare personnel hand washes, 

pre-operative skin preparations and surgical scrubs. "Antimicrobial Hand or 

Body Cleaner or Soap" does not include prescription drug products, 

antiperspirants, "Astringent/Toner", deodorant, "Facial Cleaner or Soap", 

"General-use Hand or Body Cleaner or Soap", "Hand Dishwashing Detergent" 

(including antimicrobial), "Heavy-duty Hand Cleaner or Soap", "Medicated 

Astringent/Medicated Toner", or "Rubbing Alcohol". 

"Antiperspirant" means any product, including, but not limited to, aerosols, rollons, sticks, pumps, pads, creams, and squeeze-bottles, that is intended by the 

manufacturer to be used to reduce perspiration in the human axilla by at least 20 

percent in at least 50 percent of a target population. 

"Anti-Static Product" means a product that is labeled to eliminate, prevent, or 

inhibit the accumulation of static electricity. "Anti-Static Product" does not 

include "Electronic Cleaner", "Floor Polish or Wax", "Floor Coating", and 

products that meet the definition of "Aerosol Coating Product" or "Architectural 

Coating". 

"Appurtenance" means any accessory to a stationary structure coated at the site of 

installation, whether installed or detached, including, but not limited to, bathroom 

and kitchen fixtures, cabinets, concrete forms, doors, elevators, fences, hand 

railings, heating equipment, air conditioning equipment, and other fixed 

mechanical equipment or stationary tools, lampposts, partitions, pipes and piping 

systems, rain gutters and downspouts, stairways, fixed ladders, catwalks and fire 

escapes, and window screens. 

"Architectural Coating" means, for purposes of this Subpart, a coating to be 

applied to stationary structures or the appurtenances at the site of installation, to 

portable buildings at the site of installation, to pavements, or to curbs. Coatings 
 ILLINOIS REGISTER 17314

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

applied in shop applications or to non-stationary structures such as airplanes, 

ships, boats, railcars, and automobiles, and adhesives are not considered 

"Architectural Coatings" for the purposes of this Subpart. 

"Astringent/Toner" means any product not regulated as a drug by the United 

States Food and Drug Administration (FDA) that is applied to the skin for the 

purpose of cleaning or tightening pores. This category also includes clarifiers and 

substrate-impregnated products. This category does not include any hand, face, or 

body cleaner or soap product, "Medicated Astringent/Medicated Toner", cold 

cream, lotion, or antiperspirant. 

"Automotive Brake Cleaner" means a cleaning product designed to remove oil, 

grease, brake fluid, brake pad material or dirt from motor vehicle brake 

mechanisms. 

"Automotive Hard Paste Wax" means an automotive wax or polish that is 

designed to protect and improve the appearance of automotive paint surfaces, and 

is a solid at room temperature, and contains 0% water by formulation. 

"Automotive Instant Detailer" means a product designed for use in a pump spray 

that is applied to the painted surface of automobiles and wiped off prior to the 

product being allowed to dry. 

"Automotive Rubbing or Polishing Compound" means a product designed 

primarily to remove oxidation, old paint, scratches or swirl marks, and other 

defects from the painted surfaces of motor vehicles without leaving a protective 

barrier. 

"Automotive Wax, Polish, Sealant, or Glaze" means a product designed to seal 

out moisture, increase gloss, or otherwise enhance a motor vehicle's painted 

surfaces. This includes, but is not limited to, products designed for use in 

autobody repair shops and drive-through car washes, as well as products designed 

for the general public. The term does not include "Automotive Rubbing or 

Polishing Compounds", automotive wash and wax products, surfactant-containing 

car wash products, and products designed for use on unpainted surfaces such as 

bare metal, chrome, glass, or plastic. 

"Automotive Windshield Washer Fluid" means any liquid designed for use in a 

motor vehicle windshield washer system either as an antifreeze or for the purpose 
 ILLINOIS REGISTER 17315

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

of cleaning, washing, or wetting the windshield. This does not include fluids 

placed by the manufacturer in a new vehicle. 

"Bathroom and Tile Cleaner" means a product designed to clean tile or surfaces in 

bathrooms. The term does not include products designed primarily to clean toilet 

bowls, toilet tanks or urinals. 

"Bug and Tar Remover" means a product labeled to remove either or both of the 

following from painted motor vehicle surfaces without causing damage to the 

finish: biological-type residues such as insect carcasses, tree sap and road grime 

such as road tar, roadway paint markings, and asphalt. 

"Carburetor or Fuel-Injection Air Intake Cleaners" means a product designed to 

remove fuel deposits, dirt, or other contaminants from a carburetor, choke, throttle 

body of a fuel-injection system, or associated linkages, excluding products 

designed exclusively to be introduced directly into the fuel lines or fuel storage 

tank prior to introduction into the carburetor or fuel injectors. 

"Carpet and Upholstery Cleaner" means a cleaning product designed for the 

purpose of eliminating dirt and stains on rugs, carpeting, and the interior of motor 

vehicles and/or on household furniture or objects upholstered or covered with 

fabrics such as wool, cotton, nylon or other synthetic fabrics. This includes, but is 

not limited to, products that make fabric protectant claims. The term does not 

include "General Purpose Cleaners", "Spot Removers", vinyl or leather cleaners, 

dry cleaning fluids, or products designed exclusively for use at industrial facilities 

engaged in furniture or carpet manufacturing. 

"Charcoal Lighter Material" means any combustible material designed to be 

applied on, incorporated in, added to, or used with charcoal to enhance ignition. 

The term does not include any of the following: electrical starters and probes, 

metallic cylinders using paper tinder, natural gas, propane, and fat wood. 

"Colorant" means, for purposes of this Subpart, any pigment or coloring material 

used in a consumer product for an aesthetic effect or to dramatize an ingredient. 

"Construction, Panel, and Floor Covering Adhesive" means any one-component 

adhesive that is designed exclusively for the installation, remodeling, 

maintenance, or repair of structural and building components that include, but are 

not limited to, beams, trusses, studs, paneling (including, but not limited to, 
 ILLINOIS REGISTER 17316

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

drywall or drywall laminates, fiberglass reinforced plastic (FRP), plywood, 

particle board, insulation board, pre-decorated hardboard or tileboard), ceiling and 

acoustical tile, molding, fixtures, countertops or countertop laminates, cove or 

wall bases, flooring or subflooring, or floor or wall coverings (including, but not 

limited to, wood or simulated wood covering, carpet, carpet pad or cushion, vinylbacked carpet, flexible flooring material, nonresilient flooring material, mirror 

tiles and other types of tiles, and artificial grass). The term does not include 

"Floor Seam Sealer". 

"Consumer" means any person who purchases or acquires any consumer product 

for personal, family, household, or institutional use. Persons acquiring a 

consumer product for resale are not "consumers" for that product. 

"Consumer Product" means a chemically formulated product used by household 

and institutional consumers including, but not limited to, detergents, cleaning 

compounds, polishes, floor finishes, cosmetics, personal care products, home 

lawn and garden products, disinfectants, sanitizers, aerosol paints, and automotive 

specialty products. "Consumer Product" does not include other paint products, 

furniture coatings, or architectural coatings. As used in this Subpart, "Consumer 

Product" shall also refer to "Aerosol Adhesive", including an "Aerosol Adhesive" 

used for consumer, industrial or commercial uses. 

"Contact Adhesive" means an adhesive that is designed for application to both 

surfaces to be bonded together, and is allowed to dry before the two surfaces are 

placed in contact with each other, and forms an immediate bond that is 

impossible, or difficult, to reposition after both adhesive-coated surfaces are 

placed in contact with each other, and does not need sustained pressure or 

clamping of surfaces after the adhesive-coated surfaces have been brought 

together using sufficient momentary pressure to establish full contact between 

both surfaces. The term does not include rubber cements that are primarily 

intended for use on paper substrates. "Contact Adhesive" also does not include 

vulcanizing fluids that are designed and labeled for tire repair only. 

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

"Contact Adhesive − Special Purpose". 

"Contact Adhesive − Special Purpose" means a contact adhesive that is used to 

bond melamine-covered board, unprimed metal, unsupported vinyl, Teflon, ultrahigh molecular weight polyethylene, rubber, or high pressure laminate or wood 
 ILLINOIS REGISTER 17317

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

veneer 1/16 inch or less in thickness to any porous or nonporous surface, and is 

sold in units of product, less packaging, that contain more than eight fluid ounces, 

or is used in automotive applications that are either automotive under the hood 

applications requiring heat, oil or gasoline resistance or body-side molding, 

automotive weatherstrip or decorative trim. 

"Container/Packaging" means the part or parts of the consumer or institutional 

product that serve only to contain, enclose, incorporate, deliver, dispense, wrap or 

store the chemically formulated substance or mixture of substances that is solely 

responsible for accomplishing the purposes for which the product was designed or 

intended. This includes any article onto or into which the principal display panel 

and other accompanying literature or graphics are incorporated, etched, printed or 

attached. 

"Crawling Bug Insecticide" means any insecticide product that is designed for use 

against ants, cockroaches, or other household crawling arthropods, including, but 

not limited to, mites, silverfish or spiders, excluding products designed to be used 

exclusively on humans or animals, or any house dust mite product. For the 

purposes of this definition only: 

"House dust mite product" means a product whose label, packaging, or 

accompanying literature states that the product is suitable for use against 

house dust mites, but does not indicate that the product is suitable for use 

against ants, cockroaches, or other household crawling arthropods. 

"House dust mite" means mites that feed primarily on skin cells shed in 

the home by humans and pets and that belong to the phylum Arthropoda, 

the subphylum Chelicerata, the class Arachnida, the subclass Acari, the 

order Astigmata, and the family Pyroglyphidae. 

"Date-Code" means the day, month and year on which the consumer product was 

manufactured, filled, or packaged, or a code indicating that date. 

"Deodorant" means: 

For products manufactured before 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 

NOTICE OF PROPOSED RULES 

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 indicates or depicts on the container or 

packaging, or on any sticker or label affixed to the container or packaging, 

that the product can be used on or applied to the human axilla to provide a 

scent and/or minimize odor. A "Deodorant Body Spray" product that 

indicates or depicts on the container or packaging, or on any sticker or 

label affixed to the container or packaging, that it can be used on or 

applied to the human axilla is a "Deodorant" 

"Deodorant Body Spray" means: 

For products manufactured before January 1, 2009, a "Personal Fragrance 

Product" with 20 percent or less fragrance. 

For products manufactured on or after January 1, 2009, a "Personal 

Fragrance Product" with 20 percent or less fragrance, that is designed for 

application all over the human body to provide a scent. A "Deodorant 

Body Spray" product that indicates or depicts on the container or 

packaging, or on any sticker or label affixed to the container or packaging, 

that it can be used on or applied to the human axilla, is a "Deodorant". 

"Device" means any instrument or contrivance (other than a firearm) designed for 

trapping, destroying, repelling, or mitigating any pest or any other form of plant 

or animal life (other than man and other than bacterium, virus, or another 

microorganism on or in living man or other living animals), but not including 

equipment used for the application of pesticides when sold separately from the 

device. 

"Disinfectant" means any product intended to destroy or irreversibly inactivate 

infectious or other undesirable bacteria, pathogenic fungi, or viruses on surfaces 

or inanimate objects and whose label is registered under the Federal Insecticide, 

Fungicide, and Rodenticide Act (FIFRA, 7 USC 136 et seq.). "Disinfectant" does 

not include any of the following products designed solely for use on humans or 

animals, products designed for agricultural use, products designed solely for use 

in swimming pools, therapeutic tubs, or hot tubs, products that, as indicated on the 
 ILLINOIS REGISTER 17319

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

principal display panel or label, are designed primarily for use as bathroom and 

tile cleaners, glass cleaners, general purpose cleaners, toilet bowl cleaners, or 

metal polishes. 

"Double Phase Aerosol Air Freshener" means an aerosol air freshener with the 

liquid contents in two or more distinct phases that require the product container to 

be shaken before use to mix the phases, producing an emulsion. 

"Dry Cleaning Fluid" means any non-aqueous liquid product designed and labeled 

exclusively for use on fabrics that are labeled "dry clean only", such as clothing or 

drapery or "S-coded" fabrics. This includes, but is not limited to, those products 

used by commercial dry cleaners and commercial businesses that clean fabrics 

such as draperies at the customer's residence or work place. The term does not 

include "Spot Remover" or "Carpet and Upholstery Cleaner". For the purposes of 

this definition, "S-coded fabric" means an upholstery fabric designed to be 

cleaned only with water-free spot cleaning products as specified by the Joint 

Industry Fabric Standards Committee. 

"Dusting Aid" means a product designed to assist in removing dust and other soils 

from floors and other surfaces without leaving a wax or silicone based coating. 

The term does not include "Pressurized Gas Duster". 

"Electrical Cleaner" means a product labeled to remove heavy soils such as 

grease, grime, or oil from electrical equipment, including, but not limited to, 

electric motors, armatures, relays, electric panels, or generators. The term does 

not include "General Purpose Cleaner", "General Purpose Degreaser", "Dusting 

Aid", "Electronic Cleaner", "Energized Electrical Cleaner", "Pressurized Gas 

Duster", "Engine Degreaser", "Anti-Static Product", or products designed to clean 

the casings or housings of electrical equipment. 

"Electronic Cleaner" means a product labeled for the removal of dirt, moisture, 

dust, flux or oxides from the internal components of electronic or precision 

equipment such as circuit boards, and the internal components of electronic 

devices, including, but not limited to, radios, compact disc (CD) players, digital 

video disc (DVD) players, and computers. "Electronic Cleaner" does not include 

"General Purpose Cleaner", "General Purpose Degreaser", "Dusting Aid", 

"Pressurized Gas Duster", "Engine Degreaser", "Electrical Cleaner", "Energized 

Electrical Cleaner", "Anti-Static Product", or products designed to clean the 

casings or housings of electronic equipment. 
 ILLINOIS REGISTER 17320

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

"Energized Electrical Cleaner" means a product that meets both of the following 

criteria: 

The product is labeled to clean and/or degrease electrical equipment, 

where cleaning and/or degreasing is accomplished when electrical current 

exists, or when there is a residual electrical potential from a component, 

such as a capacitor. 

The product label clearly displays the statements: "Energized equipment 

use only. Not to be used for motorized vehicle maintenance, or their 

parts." 

This does not include "Electronic Cleaner". 

"Engine Degreaser" means a cleaning product designed to remove grease, grime, 

oil and other contaminants from the external surfaces of engines and other 

mechanical parts. 

"Existing Product" means any formulation of the same product category and form 

sold, supplied, manufactured, or offered for sale in Illinois prior to January 1, 

2009 or any subsequently introduced identical formulation. 

"Fabric Protectant" means a product designed to be applied to fabric substrates to 

protect the surface from soiling from dirt and other impurities or to reduce 

absorption of liquid into the fabric's fibers. The term does not include 

waterproofers, products designed for use solely on leather, or products designed 

for use solely on fabrics labeled "dry clean only" and sold in containers of 10 

fluid ounces or less. 

"Fabric Refresher" means a product labeled to neutralize or eliminate odors on 

non-laundered fabric including, but not limited to, soft household surfaces, rugs, 

carpeting, draperies, bedding, automotive interiors, footwear, athletic equipment, 

or clothing or on household furniture or objects upholstered or covered with 

fabrics such as, but not limited to, wool, cotton, or nylon. "Fabric Refresher" does 

not include "Anti-static Product", "Carpet and Upholstery Cleaner", "Soft 

Household Surface Sanitizers", "Footwear or Leather Care Product", "Spot 

Remover", or "Disinfectant", or products labeled for application to both fabric and 

human skin. 
 ILLINOIS REGISTER 17321

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

For the purposes of this definition only, "Soft Household Surface 

Sanitizer" means a product labeled to neutralize or eliminate odors on the 

listed surfaces whose label is registered as a sanitizer under the Federal 

Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 USC 136 et seq.). 

"Facial Cleaner or Soap" means a cleaner or soap designed primarily to clean the 

face including, but not limited to, facial cleansing creams, semisolids, liquids, 

lotions, and substrate-impregnated forms. The term does not include prescription 

drug products, "Antimicrobial Hand or Body Cleaner or Soap", 

"Astringent/Toner", "General-use Hand or Body Cleaner or Soap", "Medicated 

Astringent/Medicated Toner", or "Rubbing Alcohol". 

"Fat Wood" means pieces of wood kindling with high naturally-occurring levels 

of sap or resin that enhance ignition of the kindling, excluding any kindling with 

substances added to enhance flammability, such as wax-covered or 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 insecticide product that is designed for use 

against fleas, ticks, their larvae, or their eggs. The term does not include products 

that are designed to be used exclusively on humans or animals and their bedding. 

"Flexible Flooring Material" means asphalt, cork, linoleum, no-wax, rubber, 

seamless vinyl and vinyl composite flooring. 

"Floor Coating" means an opaque coating that is labeled and formulated for 

application to flooring, including, but not limited to, decks, porches, steps, and 

other horizontal surfaces that may be subjected to foot traffic. 

"Floor Polish or Wax" means a wax, polish, or any other product designed to 

polish, protect, or enhance floor surfaces by leaving a protective coating that is 

designed to be periodically replenished. The term does not include "Spray Buff 

Products", products designed solely for the purpose of cleaning floors, floor finish 

strippers, products designed for unfinished wood floors, and coatings subject to 

architectural coatings regulations. 
 ILLINOIS REGISTER 17322

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

"Floor Seam Sealer" means any product designed and labeled exclusively for 

bonding, fusing, or sealing (coating) seams between adjoining rolls of installed 

flexible sheet flooring. 

"Floor Wax Stripper" means a product designed to remove natural or synthetic 

floor polishes or waxes through breakdown of the polish or wax polymers, or by 

dissolving or emulsifying the polish or wax. This does not include aerosol floor 

wax strippers or products designed to remove floor wax solely through abrasion. 

"Flying Bug Insecticide" means any insecticide product that is designed for use 

against flying insects or other flying arthropods, including but not limited to flies, 

mosquitoes, moths, or gnats. The term does not include "Wasp and Hornet 

Insecticide", products that are designed to be used exclusively on humans or 

animals, or any moth-proofing product. 

For purposes of this definition only, "Moth-Proofing Product" means a 

product whose label, packaging, or accompanying literature indicates that 

the product is designed to protect fabrics from damage by moths, but does 

not indicate that the product is suitable for use against flying insects or 

other flying arthropods. 

"Footwear or Leather Care Product" means any product designed or labeled to be 

applied to footwear or to other leather articles/components to maintain, enhance, 

clean, protect, or modify the appearance, durability, fit, or flexibility of the 

footwear or leather article/component. Footwear includes both leather and nonleather foot apparel. "Footwear or Leather Care Product" does not include 

"Fabric Protectant", "General Purpose Adhesive", "Contact Adhesive", 

"Vinyl/Fabric/Leather/Polycarbonate Coating", "Rubber and Vinyl Protectant", 

"Fabric Refresher", products solely for deodorizing, or sealant products with 

adhesive properties used to create external protective layers greater than two 

millimeters thick. 

"Fragrance" means a substance or complex mixture of aroma chemicals, natural 

essential oils, and other functional components with a combined vapor pressure 

not in excess of two mm of Hg at 20o

C, the sole purpose of which is to impart an 

odor or scent, or to counteract a malodor. 
 ILLINOIS REGISTER 17323

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

"Furniture Maintenance Product" means a wax, polish, conditioner, or any other 

product designed for the purpose of polishing, protecting or enhancing finished 

wood surfaces other than floors. The term does not include "Dusting Aids", 

"Wood Cleaners", products designed solely for the purpose of cleaning, and 

products designed to leave a permanent finish such as stains, sanding sealers and 

lacquers. 

"Furniture Coating" means any paint designed for application to room furnishings 

including, but not limited to, cabinets (kitchen, bath and vanity), tables, chairs, 

beds, and sofas. 

"Gel" means a colloid in which the disperse phase has combined with the 

continuous phase to produce a semisolid material, such as jelly. 

"General Purpose Adhesive" means any non-aerosol adhesive designed for use on 

a variety of substrates. The term does not include contact adhesives, construction, 

panel, and floor covering adhesives, adhesives designed exclusively for 

application on one specific category of substrates (i.e., substrates that are 

composed of similar materials, such as different types of metals, paper products, 

ceramics, plastics, rubbers, or vinyls), or adhesives designed exclusively for use 

on one specific category of articles (i.e., articles that may be composed of 

different materials but perform a specific function, such as gaskets, automotive 

trim, weather-stripping, or carpets). 

"General Purpose Cleaner" means a product designed for general all-purpose 

cleaning, in contrast to cleaning products designed to clean specific substrates in 

certain situations. This includes products designed for general floor cleaning, 

kitchen or countertop cleaning, and cleaners designed to be used on a variety of 

hard surfaces, and does not include "General Purpose Degreasers" and "Electronic 

Cleaners". 

"General Purpose Degreaser" means any product labeled to remove or dissolve 

grease, grime, oil and other oil-based contaminants from a variety of substrates, 

including automotive or miscellaneous metallic parts. This does not include 

"Engine Degreaser", "General Purpose Cleaner", "Adhesive Remover", 

"Electronic Cleaner", "Electrical Cleaner", "Energized Electrical Cleaner", "Metal 

Polish/Cleanser", products used exclusively in "Solvent Cleaning Tanks or 

Related Equipment", or products that are sold exclusively to establishments that 

manufacture or construct goods or commodities, and labeled "not for retail sale". 
 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 degreasers, conveyorized degreasers, film 

cleaning machines, or products designed to clean miscellaneous metallic 

parts by immersion in a container. 

"General-Use Hand or Body Cleaner or Soap" means a cleaner or soap designed 

to be used routinely on the skin to clean or remove typical or common dirt and 

soils, including, but not limited to, hand or body washes, dual-purpose shampoobody cleaners, shower or bath gels, and moisturizing cleaners or soaps. The term 

does not include prescription drug products, "Antimicrobial Hand or Body 

Cleaner or Soap", "Astringent/Toner", "Facial Cleaner or Soap", "Hand 

Dishwashing Detergent" (including antimicrobial), "Heavy-duty Hand Cleaner or 

Soap", "Medicated Astringent/Medicated Toner", or "Rubbing Alcohol". 

"Glass Cleaner" means a cleaning product designed primarily for cleaning 

surfaces made of glass. The term does not include products designed solely for 

the purpose of cleaning optical materials used in eyeglasses, photographic 

equipment, scientific equipment and photocopying machines. 

"Graffiti Remover" means a product labeled to remove spray paint, ink, marker, 

crayon, lipstick, nail polish, or shoe polish from a variety of non-cloth or 

nonfabric substrates. The term does not include "Paint Remover or Stripper", 

"Nail Polish Remover", or "Spot Remover". Products labeled for dual use as both 

a paint stripper and graffiti remover are considered "Graffiti Removers". 

"Hair Mousse" means a hairstyling foam designed to facilitate styling of a 

coiffure and provide limited holding power. 

"Hair Shine" means any product designed for the primary purpose of creating a 

shine when applied to the hair. This includes, but is not limited to, dual-use 

products designed primarily to impart a sheen to the hair. The term does not 

include "Hair Spray", "Hair Mousse", "Hair Styling Product", "Hair Styling Gel", 

or products whose primary purpose is to condition or hold the hair. 

"Hair Spray" means: 

For products manufactured before 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 intended to aid in styling but do not 

provide finishing of a hairstyle. For the purposes of this Subpart, "finish" 

or "finishing" means the maintaining and/or holding of previously styled 

hair for a period of time. For the purposes of this Subpart, "styling" means 

forming, sculpting, or manipulating the hair to temporarily alter the hair's 

shape. 

"Hair Styling Gel" means a consumer product manufactured before 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 consumer product manufactured on or after 

January 1, 2009 that is designed or labeled for application to wet, damp or dry 

hair to aid in defining, shaping, lifting, styling and/or sculpting of the hair. This 

includes, but is not limited to, hair balm, clay, cream, creme, curl straightener, 

gel, liquid, lotion, paste, pomade, putty, root lifter, serum, spray gel, stick, 

temporary hair straightener, wax, spray products that aid in styling but do not 

provide finishing of a hairstyle, and leave-in volumizers, detanglers and/or 

conditioners that make styling claims. This does not include "Hair Mousse" "Hair 

Shine", "Hair Spray", or shampoos and/or conditioners that are rinsed from the 

hair prior to styling. For the purposes of this Subpart, "finish" or "finishing" 

means the maintaining and/or holding of previously styled hair for a period of 

time. For the purposes of this Subpart, "styling" means forming, sculpting, or 

manipulating the hair to temporarily alter the hair's shape. 

"Heavy-Duty Hand Cleaner or Soap" means a product designed to clean or 

remove difficult dirt and soils such as oil, grease, grime, tar, shellac, putty, 

printer's ink, paint, graphite, cement, carbon, asphalt, or adhesives from the hand 

with or without the use of water. The term does not include prescription drug 

products, "Antimicrobial Hand or Body Cleaner or Soap", "Astringent/Toner", 
 ILLINOIS REGISTER 17326

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POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

"Facial Cleaner or Soap", "General-use Hand or Body Cleaner or Soap", 

"Medicated Astringent/Medicated Toner" or "Rubbing Alcohol". 

"Herbicide" means a pesticide product designed to kill or retard a plant's growth, 

but excludes products that are for agricultural use, or restricted materials that 

require a permit for use and possession. 

"High Volatility Organic Material" or "HVOM" or "High Volatility Organic 

Compound" means any volatile organic material or volatile organic compound 

that exerts a vapor pressure greater than 80 millimeters of Mercury (mm Hg) 

when measured at 20o

C. 

"Household Product" means any consumer product that is primarily designed to 

be used inside or outside of living quarters or residences that are occupied or 

intended for occupation by individuals, including the immediate surroundings. 

"Illinois Sales" means the sales (net pounds of product, less packaging and 

container, per year) in Illinois for either the calendar year immediately prior to the 

year that the registration is due or, if that data is not available, any consecutive 12 

month period commencing no earlier than two years prior to the due date of the 

registration. If direct sales data for Illinois is not available, sales may be 

estimated by prorating national or regional sales data by population. 

"Industrial Use" means use for or in a manufacturing, mining, or chemical process 

or use in the operation of factories, processing plants, and similar sites. 

"Insecticide" means a pesticide product that is designed for use against insects or 

other arthropods, but excluding products that are for agricultural use or for a use 

that requires a structural pest control license under the Structural Pest Control Act 

[225 ILCS 235], or restricted materials that require a permit for use and 

possession. 

"Insecticide Fogger" means any insecticide product designed to release all or most 

of its content, as a fog or mist, into indoor areas during a single application. 

"Institutional Product" or "Industrial and Institutional (I&I) Product" means a 

consumer product that is designed for use in the maintenance or operation of an 

establishment that manufactures, transports, or sells goods or commodities, or 

provides services for profit, or is engaged in the nonprofit promotion of a 
 ILLINOIS REGISTER 17327

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

particular public, educational, or charitable cause. "Establishments" include, but 

are not limited to, government agencies, factories, schools, hospitals, sanitariums, 

prisons, restaurants, hotels, stores, automobile service and parts centers, health 

clubs, theaters, or transportation companies. This does not include household 

products and products that are incorporated into or used exclusively in the 

manufacture or construction of the goods or commodities at the site of the 

establishment. 

"Label" means any written, printed, or graphic matter affixed to, applied to, 

attached to, blown into, formed into, molded into, embossed on, or appearing 

upon any consumer product or consumer product package, for purposes of 

branding, identifying, or giving information with respect to the product or to the 

contents of the package. 

"Lacquer" means, for purposes of this Subpart, a clear or opaque wood coating, 

including clear lacquer sanding sealers, formulated with cellulosic or synthetic 

resins to dry by evaporation without chemical reaction and to provide a solid, 

protective film. 

"Laundry Prewash" means a product that is designed for application to a fabric 

prior to laundering and that supplements and contributes to the effectiveness of 

laundry detergents and/or provides specialized performance. 

"Laundry Starch Product" means a product that is designed for application to a 

fabric, either during or after laundering, to impart and prolong a crisp, fresh look 

and may also act to help ease ironing of the fabric. This includes, but is not 

limited to, fabric finish, sizing, and starch. 

"Lawn and Garden Insecticide" means an insecticide product labeled primarily to 

be used in household lawn and garden areas to protect plants from insects or other 

arthropods. Notwithstanding the requirements of Section 223.260, aerosol "Lawn 

and Garden Insecticides" may claim to kill insects or other arthropods. 

"Liquid" means a substance or mixture of substances that is capable of a visually 

detectable flow as determined under ASTM D-4359-90, incorporated by reference 

in Section 223.120, or an equivalent method approved by the California Air 

Resources Board. This does not include powders or other materials that are 

composed entirely of solid particles. 
 ILLINOIS REGISTER 17328

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

"Lubricant" means a product designed to reduce friction, heat, noise, or wear 

between moving parts, or to loosen rusted or immovable parts or mechanisms. 

This does not include automotive power steering fluids; products for use inside 

power generating motors, engines, and turbines, and their associated powertransfer gearboxes; two cycle oils or other products designed to be added to fuels; 

products for use on the human body or animals; or products that are sold 

exclusively to establishments that manufacture or construct goods or 

commodities, and labeled "not for retail sale". 

"LVP Content" means the total weight, in pounds, of LVP compounds in an ACP 

product multiplied by 100 and divided by the product's total net weight (in 

pounds, excluding container and packaging), expressed to the nearest 0.1. 

"LVP-VOM" or "LVP-VOC" means a chemical material or mixture or compound 

that contains at least one carbon atom and meets one of the following: 

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

C, as determined by 

CARB Method 310; or 

Is a chemical material or compound with more than 12 carbon atoms, or a 

chemical mixture comprised solely of material or a compound with more 

than 12 carbon atoms as verified by formulation data, and the vapor 

pressure and boiling point are unknown; or 

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

216o

C, as determined by CARB Method 310; or 

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

C, as 

determined by CARB Method 310. 

For the purposes of this definition, chemical material or compound means 

a molecule of definite chemical formula and isomeric structure, and 

chemical mixture means a substrate comprised of two or more chemical 

materials or compounds. 

"Medicated Astringent/Medicated Toner" means any product regulated as a drug 

by the FDA that is applied to the skin for the purpose of cleaning or tightening 

pores. This includes, but is not limited to, clarifiers and substrate-impregnated 

products. The term does not include hand, face, or body cleaner or soap products, 
 ILLINOIS REGISTER 17329

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POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

"Astringent/Toner", cold cream, lotion, antiperspirants, or products that must be 

purchased with a doctor's prescription. 

"Medium Volatility Organic Material" or "MVOM" or "Medium Volatility 

Organic Compound" or "MVOC" means any volatile organic material or volatile 

organic compound that exerts a vapor pressure greater than two mm Hg and less 

than or equal to 80 mm Hg when measured at 20o

C. 

"Metal Polish/Cleanser" means any product designed primarily to improve the 

appearance of finished metal or metallic or metallized surfaces by physical or 

chemical action. To "improve the appearance" means to remove or reduce stains, 

impurities, or oxidation from surfaces or to make surfaces smooth and shiny. 

This includes, but is not limited to, metal polishes used on brass, silver, chrome, 

copper, stainless steel and other ornamental metals. The term does not include 

"Automotive Wax, Polish, Sealant or Glaze", wheel cleaner, "Paint Remover or 

Stripper", products designed and labeled exclusively for automotive and marine 

detailing, or products designed for use in degreasing tanks. 

"Mist Spray Adhesive" means any aerosol that is not a special purpose spray 

adhesive and that delivers a particle or mist spray, resulting in the formation of 

fine, discrete particles that yield a generally uniform and smooth application of 

adhesive to the substrate. 

"Multi-Purpose Dry Lubricant" means any lubricant designed and labeled to 

provide lubricity by depositing a thin film of graphite, molybdenum disulfide 

(moly), or polytetrafluoroethylene or closely related fluoropolymer (Teflon) on 

surfaces, and designed for general purpose lubrication or for use in a wide variety 

of applications. 

"Multi-Purpose Lubricant" means any lubricant designed for general purpose 

lubrication, or for use in a wide variety of applications. The term does not include 

"Multi-purpose Dry Lubricants", "Penetrants", or "Silicone-based Multi-purpose 

Lubricants". 

"Multi-Purpose Solvent" means any organic liquid designed to be used for a 

variety of purposes, including cleaning or degreasing of a variety of substrates, or 

thinning, dispersing or dissolving other organic materials. This includes solvents 

used in institutional facilities, except for laboratory reagents used in analytical, 

educational, research, scientific or other laboratories. This does not include 
 ILLINOIS REGISTER 17330

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

solvents used in cold cleaners, vapor degreasers, conveyorized degreasers or film 

cleaning machines, or solvents that are incorporated into, or used exclusively in 

the manufacture or construction of the goods or commodities at the site of the 

establishment. 

"Nail Polish" means any clear or colored coating designed for application to the 

fingernails or toenails, including but not limited to lacquers, enamels, acrylics, 

base coats and top coats. 

"Nail Polish Remover" means a product designed to remove nail polish and 

coatings from fingernails or toenails. 

"Non-Aerosol Product" means any consumer product that is not dispensed by a 

pressurized spray system. 

"Non-Carbon Containing Compound" means any compound that does not contain 

any carbon atoms. 

"Nonresilient Flooring" means flooring of a mineral content that is not flexible. 

This includes terrazzo, marble, slate, granite, brick, stone, ceramic tile and 

concrete. 

"Non-Selective Terrestrial Herbicide" means a terrestrial herbicide product that is 

toxic to plants without regard to species. 

"Oven Cleaner" means any cleaning product designed to clean and to remove 

dried food deposits from oven walls. 

"Paint" means any pigmented liquid or liquefiable or mastic composition designed 

for application to a substrate in a thin layer that is converted to an opaque solid 

film after application and is used for protection, decoration or identification, or to 

serve some functional purpose such as the filling or concealing of surface 

irregularities or the modification of light and heat radiation characteristics. 

"Paint Remover or Stripper" means any product designed to strip or remove paints 

or other related coatings, by chemical action, from a substrate without markedly 

affecting the substrate. This does not include "Multi-purpose Solvents", paint 

brush cleaners, products designed and labeled exclusively as "Graffiti Removers", 
 ILLINOIS REGISTER 17331

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

and hand cleaner products that claim to remove paints and other related coatings 

from skin. 

"Penetrant" means a lubricant designed and labeled primarily to loosen metal 

parts that have bonded together due to rusting, oxidation, or other causes. The 

term does not include "Multi-purpose Lubricants" that claim to have penetrating 

qualities, but are not labeled primarily to loosen bonded parts. 

"Personal Fragrance Product" means any product that is applied to the human 

body or clothing for the primary purpose of adding a scent or masking a malodor, 

including cologne, perfume, aftershave, and toilet water. This does not include 

"Deodorant", medicated products designed primarily to alleviate fungal or 

bacterial growth on feet or other areas of the body; mouthwashes and breath 

fresheners and deodorizers; lotions, moisturizers, powders or other skin care 

products used primarily to alleviate skin conditions such as dryness and 

irritations; products designed exclusively for use on human genitalia; soaps, 

shampoos, and products primarily used to clean the human body; and fragrance 

products designed to be used exclusively on non-human animals. 

"Pesticide" means and includes any substance or mixture of substances labeled, 

designed, or intended for use in preventing, destroying, repelling or mitigating 

any pest, or any substance or mixture of substances labeled, designed, or intended 

for use as a defoliant, desiccant, or plant regulator, provided that the term 

"Pesticide" will not include any substance, mixture of substances, or device the 

United States Environmental Protection Agency does not consider to be a 

pesticide. 

"Photograph Coating" means a coating designed and labeled exclusively to be 

applied to finished photographs to allow corrective retouching, protection of the 

image or changes in gloss level, or to cover fingerprints. 

"Pressurized Gas Duster" means a pressurized product labeled to remove dust 

from a surface solely by means of mass air or gas flow, including surfaces such as 

photographs, photographic film negatives, computer keyboards, and other types of 

surfaces that cannot be cleaned with solvents. This does not include "Dusting 

Aid". 

"Principal Display Panel or Panels" means that part, or those parts, of a label that 

are so designed as to most likely be displayed, presented, shown or examined 
 ILLINOIS REGISTER 17332

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

under normal and customary conditions of display or purchase. Whenever a 

principal display panel appears more than once, all requirements pertaining to the 

"Principal Display Panel" shall pertain to all such "Principal Display Panels". 

"Product Brand Name" means the name of the product exactly as it appears on the 

principal display panel of the product. 

"Product Category" means the applicable category, defined in this Section and 

limited in Section 223.205(a), that best describes the product. 

"Product Form" for the purpose of complying with Section 223.270 only, means 

the applicable form that most accurately describes the product's dispensing form, 

as follows: 

A = Aerosol Product 

S = Solid 

P = Pump Spray 

L = Liquid 

SS = Semisolid 

O = Other 

"Product Line" means a group of products of identical form and function 

belonging to the same product category or categories. 

"Pump Spray" means a packaging system in which the product ingredients within 

the container are not under pressure and in which the product is expelled only 

while a pumping action is applied to a button, trigger or other actuator. 

"Responsible ACP Party" means the company, firm or establishment listed on the 

ACP product's label. If the label lists two or more companies, firms, or 

establishments, the "Responsible ACP Party" is the party the ACP product was 

"manufactured for" or "distributed by", as noted on the label. 

"Restricted Materials" means pesticides established as restricted materials under 

applicable Illinois statutes or regulations. 

"Roll-On Product" means any antiperspirant or deodorant that dispenses active 

ingredients by rolling a wetted ball or wetted cylinder on the affected area. 
 ILLINOIS REGISTER 17333

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

"Rubber and Vinyl Protectant" means any product designed to protect, preserve or 

renew vinyl, rubber, and plastic on vehicles, tires, luggage, furniture, and 

household products such as vinyl covers, clothing, and accessories. This does not 

include products primarily designed to clean the wheel rim, such as aluminum or 

magnesium wheel cleaners, and tire cleaners that do not leave an 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 relieve minor muscle aches, as a rubefacient, 

and for massage. 

"Rust Preventive Coating" means a coating formulated exclusively for 

nonindustrial use to prevent the corrosion of metal surfaces and labeled as 

specified in Section 223.320(f). 

"Sanding Sealer" means, for purposes of this Subpart, a clear or semi-transparent 

wood coating labeled and formulated for application to bare wood to seal the 

wood and to provide a coat that can be abraded to create a smooth surface for 

subsequent applications of coatings. A "Sanding Sealer" that also meets the 

definition of a "Lacquer" is not included in this category, but it is included in the 

"Lacquer" category. 

"Sealant and Caulking Compound" means any product with adhesive properties 

that is designed to fill, seal, waterproof, or weatherproof gaps or joints between 

two surfaces. This does not include roof cements and roof sealants, insulating 

foams, removable caulking compounds, clear/paintable/water resistant caulking 

compounds, floor seam sealers, products designed exclusively for automotive 

uses, or sealers that are applied as continuous coatings. The term also does not 

include units of product, less packaging, that weigh more than one pound and 

consist of more than 16 fluid ounces. 

For the purposes of this definition only, "removable caulking compound" 

means a compound that temporarily seals windows or doors for three to 

six month time intervals. "Clear/paintable/water resistant caulking 

compound" means a compound that contains no appreciable level of 

opaque fillers or pigments; transmits most or all visible light through the 

caulk when cured; is paintable; and is immediately resistant to 

precipitation upon application. 
 ILLINOIS REGISTER 17334

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

"Semisolid" means a product that, at room temperature, will not pour, but will 

spread or deform easily, including but not limited to gels, pastes, and greases. 

"Shaving Cream" means an aerosol product that dispenses a foam lather intended 

to be used with a blade or cartridge razor, or other wet-shaving system, in the 

removal of facial or other body hair. The term does not include "Shaving Gel". 

"Shaving Gel" means an aerosol product that dispenses a post-foaming semisolid 

designed to be used with a blade, cartridge razor, or other shaving system in the 

removal of facial or other body hair. This does not include "Shaving Cream". 

"Silicone-Based Multi-Purpose Lubricant" means any lubricant designed and 

labeled to provide lubricity primarily through the use of silicone compounds 

including, but not limited to, polydimethylsiloxane, and designed and labeled for 

general purpose lubrication, or for use in a wide variety of applications. The term 

does not include products designed and labeled exclusively to release 

manufactured products from molds. 

"Single Phase Aerosol Air Freshener" means an aerosol air freshener with the 

liquid contents in a single homogeneous phase and that does not require that the 

product container be shaken before use. 

"Solid" means a substance or mixture of substances that, either whole or 

subdivided (such as the particles comprising a powder), is not capable of visually 

detectable flow as determined under ASTM D4359-90, incorporated by reference 

in Section 223.120, or an equivalent method approved by the California Air 

Resources Board. 

"Special Purpose Spray Adhesive" means an aerosol adhesive that meets any of 

the following definitions: 

"Mounting Adhesive" means an aerosol adhesive designed to permanently 

mount photographs, artwork, and any other drawn or printed media to a 

backing (paper, board, cloth, etc.) without causing discoloration to the 

artwork. 

"Flexible Vinyl Adhesive" means an aerosol adhesive designed to bond 

flexible vinyl to substrates. Flexible vinyl means a nonrigid polyvinyl 
 ILLINOIS REGISTER 17335

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

chloride plastic with at least five percent, by weight, of plasticizer content. 

A plasticizer is a material, such as a high boiling point organic solvent, 

that is incorporated into a plastic to increase its flexibility, workability, or 

distensibility, and may be determined using ASTM E260-96, incorporated 

by reference in Section 223.120, or from product formulation data or an 

equivalent method approved by the CARB. 

"Polystyrene Foam Adhesive" means an aerosol adhesive designed to 

bond polystyrene foam to substrates. 

"Automobile Headliner Adhesive" means an aerosol adhesive designed to 

bond together layers in motor vehicle headliners. 

"Polyolefin Adhesive" means an aerosol adhesive designed to bond 

polyolefins to substrates. 

"Laminate Repair/Edgebanding Adhesive" means an aerosol adhesive 

designed for: 

The touch-up or repair of items laminated with high pressure 

laminates (e.g., lifted edges, delaminates, etc.); or 

The touch-up, repair, or attachment of edgebanding materials, 

including but not limited to other laminates, synthetic marble, 

veneers, wood molding, and decorative metals. 

For the purposes of this definition "high pressure laminate" means 

sheet materials that consist of paper, fabric, or other core material 

that have been laminated at temperatures exceeding 265°F, and at 

pressures between 1,000 and 1,400 psi. 

"Automotive Engine Compartment Adhesive" means an aerosol adhesive 

designed for use in motor vehicle under-the-hood applications that require 

oil and plasticizer resistance, as well as high shear strength, at 

temperatures of 200 to 275°F. 

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

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

clothing, that does not require subsequent laundering to achieve stain removal. 
 ILLINOIS REGISTER 17336

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

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 buffing machine and special pad. 

"Stick Product" means any antiperspirant or deodorant that contains active 

ingredients in a solid matrix form and that dispenses the active ingredients by 

frictional action on the affected area. 

"Structural Waterproof Adhesive" means an adhesive whose bond lines are 

resistant to conditions of continuous immersion in fresh or salt water and that 

conforms with Federal Specification MMM-A-181D (Type 1, Grade A) and MILA-4605 (Type A, Grade A and Grade C), per the Federal Consumer Products 

Regulation (40 CFR 59, subpart C). 

"Terrestrial" means to live on or grow from land. 

"Tire Sealant and Inflation" means any pressurized product that is designed to 

temporarily inflate and seal a leaking tire. 

"Toilet/Urinal Care Product" means any product designed or labeled to clean 

and/or to deodorize toilet bowls, toilet tanks, or urinals. Toilet bowls, toilet tanks, 

or urinals include, but are not limited to, toilets or urinals connected to permanent 

plumbing in buildings and other structures, portable toilets or urinals placed at 

temporary or remote locations, and toilets or urinals in vehicles such as buses, 

recreational motor homes, boats, ships, and aircraft. This does not include 

"Bathroom and Tile Cleaner" or "General Purpose Cleaner". 

"Type A Propellant" means a compressed gas, such as CO2, N2, N2O, or 

compressed air, that is used as a propellant and is either incorporated with the 

product or contained in a separate chamber within the product's packaging. 

"Type B Propellant" means any halocarbon that is used as a propellent, including 

chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and 

hydrofluorocarbons (HFCs). 
 ILLINOIS REGISTER 17337

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

"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 undercarriage, trunk interior, and/or firewall of motor vehicles to 

prevent the formation of rust or to deaden sound. This includes, but is not limited 

to, rubberized, mastic, or asphaltic products. 

"Usage Directions" means the text or graphics on the product's principal display 

panel, label, or accompanying literature that describes to the end user how and in 

what quantity the product is to be used. 

"VOM Content" means, for purposes of this Subpart, except for charcoal lighter 

products, the total weight of VOM in a product expressed as a percentage of the 

product weight (exclusive of the container or packaging), as determined pursuant 

to Section 223.285(a) and (b). 

For charcoal lighter material products only, 

Rate Use Certified

100) x Emissions (Certified = Content VOC

Certified 

Emissions = The emissions level for products approved by the Agency 

under Section 223.220, as determined pursuant to South 

Coast Air Quality Management District Rule 1174, Ignition 

Method Compliance Certification Protocol (February 27, 

1991), expressed to the nearest 0.001 pound CH2 per start. 

 

Certified 

Use Rate = The usage level for products approved by the Agency under 

Section 223.220, as determined pursuant to South Coast Air 

Quality Management District Rule 1174, Ignition Method 

Compliance Certification Protocol (February 27, 1991), 

expressed to the nearest 0.001 pound certified product used 

per start. 
 ILLINOIS REGISTER 17338

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

For purposes of Subpart C of this Part, "VOM Content" means the weight 

of VOM per volume of coating, calculated according to the procedures 

specified in Section 223.340(a). 

"Wasp and Hornet Insecticide" means any insecticide product that is designed for 

use against wasps, hornets, yellow jackets or bees by allowing the user to spray 

from a distance a directed stream or burst at the intended insects, or their hiding 

place. 

"Waterproofer" means a product designed and labeled exclusively to repel water 

from fabric or leather substrates, excluding "Fabric Protectants". 

"Wax" means a material or synthetic thermoplastic substance generally of high 

molecular weight hydrocarbons or high molecular weight esters of fatty acids or 

alcohols, except glycerol and high polymers (plastics). This includes, but is not 

limited to, substances derived from the secretions of plants and animals such as 

carnuba wax and beeswax, substances of a mineral origin such as ozocerite and 

paraffin, and synthetic polymers such as polyethylene. 

"Web Spray Adhesive" means any aerosol adhesive that is not a mist spray or 

special purpose spray adhesive. 

"Wood Cleaner" means a product labeled to clean wooden materials, including 

but not limited to decking, fences, flooring, logs, cabinetry, and furniture. The 

term does not include "Dusting Aid", "General Purpose Cleaner", "Furniture 

Maintenance Product", "Floor Wax Stripper", "Floor Polish or Wax", or products 

designed and labeled exclusively to preserve or color wood. 

"Wood Floor Wax" means wax-based products for use solely on wood floors. 

Section 223.205 Standards 

a) Except as provided in Section 223.207, 223.230, 223.240, or 223.245, no person 

shall sell, supply, offer for sale, or manufacture for sale in Illinois any consumer 

product manufactured on or after January 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 

NOTICE OF PROPOSED RULES 

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 
 ILLINOIS REGISTER 17340

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

B) Non-Aerosol 0 MVOM 

0 MVOM 

7) Automotive Brake Cleaners 45 

8) Automotive Rubbing or Polishing Compound 17 

9) Automotive Wax, Polish, Sealant, or Glaze 

A) Hard Paste Waxes 45 

B) Instant Detailers 3 

C) All 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) Cooking Spray – 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 Except 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-Purpose Lubricants

 (Excluding Solid or Semi-Solid Products) 60 

46) Spot Removers 

A) Aerosol 23 

B) Non-Aerosol 8 

47) Tire Sealants and Inflators 20 

48) Undercoatings – Aerosols 40 

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

or after 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 chlorinated in the 2,3,7 and 8 positions and 

containing 4,5,6 or 7 chlorine atoms 

Section 223.206 Diluted Products 

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

specifically states that the product should be diluted with water or non-VOM 

solvent prior to use, the limits specified in Section 223.205(a) must apply to the 

product only after the minimum recommended dilution has taken place. 

b) For purposes of subsection (a) of this Section, the minimum recommended 

dilution shall not include recommendations for incidental use of a concentrated 

product to deal with limited special applications such as hard-to-remove soils or 

stains. 

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

states that the product should be diluted with any VOM solvent prior to use, 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 Insecticide, Fungicide, and 

Rodenticide Act (FIFRA, 7 USC 136 through 136y), incorporated by reference in Section 

223.120, the effective date of the VOM standards will be January 1, 2010. 

Section 223.208 Requirements for Aerosol Adhesives 

a) As specified in California Code § 41712(h)(2), incorporated by reference in 

Section 223.120, the standards for aerosol adhesives apply to all uses of aerosol 

adhesives, including consumer, industrial, and commercial uses. Except as 

otherwise provided in Sections 223.207, 223.230, 223.240, and 223.245, no 

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

aerosol adhesive that, at the time of sale, use, or manufacture, contains VOMs in 

excess of the specified standard. 

b) Special Purpose Spray Adhesive. 

1) In order to qualify as a Special Purpose Spray Adhesive the product must 

meet one or more of the definitions for Special Purpose Spray Adhesive 

specified in Section 223.203, but if the product label indicates that the 

product is suitable for use on any substrate or application not listed in one 

of the definitions for Special Purpose Spray Adhesive, then the product 

shall be classified as either a Web Spray Adhesive or a Mist Spray 

Adhesive. 

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

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

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

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

specified in Section 223.205(a). 

c) Effective January 1, 2009, no person shall sell, supply, offer for sale, or 

manufacture for use in Illinois any aerosol adhesive that contains any of the 

following compounds: methylene chloride, perchloroethylene, or 

trichloroethylene. 
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d) All aerosol adhesives must comply with the labeling requirements specified in 

Section 223.265. 

Section 223.209 Requirements for Floor Wax Strippers 

On or after January 1, 2009, no person shall sell, supply, offer for sale, or manufacture for use in 

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

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

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

of three percent by weight or less; 

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

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

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

concentration of 12% by weight or less; and 

c) The term "light build-up", "medium build-up", or "heavy build-up" is not 

specifically required, as long as comparable terminology is used. 

Section 223.210 Products Containing Ozone-Depleting Compounds 

a) For any consumer product for which standards are specified under Section 

223.205(a), no person shall sell, supply, offer for sale, or manufacture for sale in 

Illinois any consumer product that contains any of the following ozone-depleting 

compounds: 

1) Trichlorofluoromethane (CFC-11); 

2) Dichlorodifluoromethane (CFC-12); 

3) 1,1,1-trichloro-2,2,2-trifluoroethane (CFC-113); 

4) 1-chloro-1,1-difluoro-2-chloro-2,2-difluoroethane (CFC-114); 

5) Chloropentafluoroethane (CFC-115); 

6) Bromochlorodifluoromethane (Halon 1211); 
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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-tetrafluoroethane (HCFC-124); 

 

12) 1,1-dichloro-1-fluoroethane (HCFC-141b); 

13) 1-chloro-1,1-difluoroethane (HCFC-142b); 

14) 1,1,1-trichloroethane; and 

15) Carbon tetrachloride. 

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

formulation existing as of January 1, 2009 that complies with Section 223.205(a) 

or is reformulated to meet Section 223.205(a), provided the ozone-depleting 

compound content of the reformulated product does not increase. 

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

depleting compounds that may be present as impurities in a consumer product in 

an amount equal to or less than 0.01% by weight of the product. 

Section 223.220 Requirements for Charcoal Lighter Material 

a) No person shall sell, supply, or offer for sale on or after January 1, 2009 any 

charcoal lighter material product unless, at the time of the transaction, the 

manufacturer can demonstrate that 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 Section must submit to the Agency a copy of the 

certification decision, including all conditions applicable to the certification 

established by CARB or the air pollution agency of another state and USEPA. 

Section 223.230 Exemptions 

a) This Subpart shall not apply to any consumer product manufactured in Illinois for 

shipment and use outside of Illinois, as long as the manufacturer or distributor can 

demonstrate both that the consumer product is intended for shipment and use 

outside of Illinois, and that the manufacturer or distributor has taken reasonable, 

prudent precautions to assure that the consumer product is not distributed to 

Illinois. This exemption shall not apply to consumer products that are sold, 

supplied, or offered for sale by any person to retail outlets in Illinois. 

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

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

specified in Section 223.205(a). 

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

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

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

contained in any antiperspirant or deodorant. 

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

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

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

pressure of two mm Hg or less at 20o

C. 

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

f) The requirements of Section 223.250 shall not apply to consumer products 

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

7 USC 136 through 136y). 
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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 designed to be ingested by insects and is composed of 

solid material feeding stimulants with less than five percent active ingredients. 

Section 223.240 Innovative Product Exemption 

a) Any manufacturer of consumer products that have been granted an Innovative 

Product exemption by the CARB under the Innovative Products provisions in 17 

California Code of Regulations § 94511 or 94503.5, both incorporated by 

reference in Section 223.120, shall be exempt from the limits in Section 

223.205(a) for the period of time that the CARB Innovative Products exemption 

remains in effect, provided that all consumer products within the CARB 

Innovative Products exemption are contained in the limits in Section 223.205(a). 

Any manufacturer claiming such an exemption on this basis must submit to the 

Agency a copy of the CARB Innovative Product exemption decision (i.e., the 

Executive Order), including all conditions established by the CARB applicable to 

the exemption. 

b) Recordkeeping and Availability of Requested Information. 

1) All information specified in the Innovative Product exemption approving 

an Innovative Product application shall be maintained by the responsible 

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

The records shall be clearly legible and maintained in good condition 

during this period. 
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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 alternative is provided by allowing responsible 

ACP parties the option of voluntarily entering into separate ACPs for consumer 

products, as specified in this Subpart. Only responsible ACP parties for consumer 

products may enter into an ACP. 

b) Any manufacturer of consumer products that has been granted an ACP 

Agreement by the CARB under the provisions in 17 CCR §§ 94540-94555, 

incorporated by reference in Section 223.120, shall be exempt from the limits in 

Section 223.205(a) for the period of time that the CARB ACP Agreement remains 

in effect, provided that all ACP products used for emissions credits within the 

CARB ACP Agreement are contained in Section 223.205(a). Any manufacturer 

claiming such an ACP Agreement on this basis must submit to the Agency a copy 

of the CARB ACP decision (i.e., the Executive Order), including all conditions 

established by the CARB applicable to the exemption. 

c) Recordkeeping and Availability of Requested Information. 

1) All information specified in the ACP Agreement approving an ACP shall 

be maintained by the responsible ACP party for a minimum of three years 

after the expiration of the ACP. The records shall be clearly legible and 

maintained in good condition during this period. 

2) The records specified in subsection (c)(1) shall be made available to the 

Agency or its authorized representative upon request. 

Section 223.250 Product Dating 

a) Each manufacturer of a consumer product subject to Section 223.205(a) shall 

clearly display on each consumer product container or package the day, month, 

and year on which the product was manufactured, or a code indicating such date. 

b) A manufacturer who uses the following code to indicate the date of manufacture 

shall not be subject to the requirements of Section 223.255(a), if the code is 
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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 container or inside the 

cover/cap so that it is readily observable or obtainable by simply removing the 

cap/cover without irreversibly disassembling any part of the container or 

packaging. For the purposes of this subsection, information may be displayed on 

the bottom of a container as long as it is clearly legible without removing any 

product packaging. 

e) The requirements of this Section shall not apply to products containing no VOMs 

(as defined in Section 223.203), or containing VOMs at 0.10% by weight or less. 

Section 223.255 Additional Product Dating Requirements 

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

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

container without the express authorization of the manufacturer. No manufacturer 

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

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

information and may not be claimed as confidential. 
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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 panel of any consumer product manufactured 

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

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

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

in Section 223.205(a), then the lowest VOC limit shall apply. This requirement 

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

insecticide foggers. 

b) Products manufactured on or after January 1, 2009 and FIFRA-registered 

insecticides manufactured on or after January 1, 2010. 

Notwithstanding the definition of product category in Section 223.203, if, 

anywhere on the container or packaging of any consumer product manufactured 

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

or after January 1, 2010 or on any sticker or label affixed to the container or 

packaging, any representation is made that the product may be used as, or is 

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

in Section 223.205(a), then the lowest VOM limit shall apply. This requirement 

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

insecticide foggers. 

Section 223.265 Additional Labeling Requirements for Aerosol Adhesives, Adhesive 

Removers, Electronic Cleaners, Electrical Cleaners, Energized Electrical Cleaners, and 

Contact Adhesives 

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

223.270, both the manufacturer and responsible party for each aerosol adhesive, 

adhesive remover, electronic cleaner, electrical cleaner, energized electrical 

cleaner, and contact adhesive product subject to this Subpart shall ensure that all 

products clearly display the following information on each product container 

manufactured on or after January 1, 2009. 

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

of the category shall be displayed. 
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2) The applicable VOM standard for the product that is specified in Section 

223.205(a) except for energized electrical cleaner, expressed as a 

percentage by weight, shall be displayed unless the product is included in 

an alternative control plan approved by the Agency, as provided in

Sections 223.240 and 223.245, and the product exceeds the applicable 

VOM standard. 

3) If the product is included in an alternative control plan approved by the 

Agency, and the product exceeds the applicable VOM standard specified 

in Section 223.205(a), the product shall be labeled with the term "ACP" or 

"ACP product". 

4) If the product is classified as a special purpose spray adhesive, the 

applicable substrate and/or application or an abbreviation of the substrate 

and/or application that qualifies the product as special purpose shall be 

displayed. 

5) If the manufacturer or responsible party uses an abbreviation as allowed 

by this Section, an explanation of the abbreviation must be filed with the 

Agency before the abbreviation is used. 

b) The information required in Section 223.250(a) shall be displayed on the product 

container such that it is readily observable without removing or disassembling any 

portion of the product container or packaging. For the purposes of this 

subsection, information may be displayed on the bottom of a container as long as 

it is clearly legible without removing any product packaging. 

c) No person shall remove, alter, conceal, or deface the information required in 

subsection (a) prior to final sale of the product. 

Section 223.270 Reporting Requirements 

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

submit to the Agency any of the following information: 

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

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

2) For each product subject to Section 223.205(a): 
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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 nearest pound, and the 

method used to calculate Illinois sales for each product form; 

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

each company that is submitting relevant data separate from that submitted 

by the responsible party. All information from each company shall be 

submitted by the date requested by the Agency; 

5) For each product brand name and form, the net percent by weight of the 

total product, less container and packaging, comprised of the following, 

rounded to the nearest 0.1%: 

A) Total Section 223.205(a) compounds; 

B) Total LVP-VOMs that are not fragrances; 

C) Total all other carbon-containing compounds that are not 

fragrances; 

D) Total all non-carbon-containing compounds; 

E) Total fragrance; 

F) For products containing greater than 2% by weight fragrance: 

i) The percent of fragrance that is LVP-VOMs; and 
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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 Chemical Abstract Services (CAS) number, 

of the following: 

A) Each Section 223.205(a) compound; and 

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

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

A) The weight percent comprised of propellant for each product; and 

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

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

b) In addition to the requirements of subsection (a)(6), the responsible party shall 

report or shall arrange to have reported to the Agency, upon request, the net 

percent by weight of each ozone-depleting compound that is: 

 

1) Listed in Section 223.210(a); and 

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

amount greater than 0.1% by weight. 

c) In addition, all manufacturers must submit to the Agency, upon request, the 

information requested in subsections (a) and (b) upon commencement of the 

selling of each such product in Illinois. 

Section 223.275 Special Recordkeeping Requirements for Consumer Products that 

Contain Perchloroethylene or Methylene Chloride 

a) The requirements of this Section shall apply to all responsible parties for 

consumer products that are subject to Section 223.205(a) and contain 

perchloroethylene or methylene chloride and energized electrical cleaners as 
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defined in Section 223.203 that contain perchloroethylene or methylene chloride. 

For the purposes of this Section, a product "contains perchloroethylene or 

methylene chloride" if the product contains 1.0% or more by weight (exclusive of 

the container or packaging) of either perchloroethylene or methylene chloride. 

b) For each consumer product that contains perchloroethylene or methylene chloride, 

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

report the following information for products sold in Illinois: 

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

instructions; 

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

3) The applicable product forms (listed separately); 

4) For each product form listed in subsection (b)(3), the total sales in Illinois 

during the calendar year to the nearest pound (exclusive of the container or 

packaging), and the method used for calculating the Illinois sales; and 

5) The weight percent, to the nearest 0.1%, of perchloroethylene and 

methylene chloride in the consumer product. 

Section 223.280 Calculating Illinois Sales 

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

regional sales data by population. 

Section 223.285 Test Methods 

a) Testing to determine compliance with the requirements of this Subpart shall be 

performed using CARB Method 310, Determination of Volatile Organic Materials 

(VOM) in Consumer Products, which is incorporated by reference in Section 

223.120. 

b) Compliance with the requirements of this Subpart may also be demonstrated 

through calculation of the VOM content from records of the amounts of 

constituents used to make the product pursuant to the following criteria: 
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1) Accurate manufacturing records shall be kept for each day of production 

of the amount and chemical composition of the individual product 

constituents; 

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

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

A) "A" means the total net weight of unit excluding container and 

packaging; 

B) "B" means the total weight of all VOMs per unit; and 

C) "C" means the total weight of all exempted VOMs per unit; 

4) For the purposes of this Section, the VOM content shall be calculated by 

subtracting the total weight of VOMs exempted under Section 223.230 per 

unit from the total weight of all VOMs per unit, divided by the total net 

weight of unit excluding container and packaging and the product, 

multiplied by 100 as in the formula below: 

×100 − = A

CB VOMContent

5) If product records appear to demonstrate compliance with the VOM limits, 

but these records are contradicted by product testing performed using 

CARB Method 310, the results of CARB Method 310 shall take 

precedence over the product records and may be used to establish a 

violation of the requirements of this Subpart. 

c) Testing to determine whether a product is a liquid or solid shall be performed 

using ASTM D4359-90, which is incorporated by reference in Section 223.120, or 

an equivalent method approved by the CARB. 

d) Testing to determine compliance with the certification requirements for charcoal 

lighter material shall be performed using the procedures specified in the 

SCAQMD Test Protocol Rule 1174, Ignition Method Compliance Certification 
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Protocol, dated February 28, 1991, which is incorporated by reference in Section 

223.120. 

e) Testing to determine distillation points of petroleum distillate-based charcoal 

lighter materials shall be performed using ASTM D86-07b, which is incorporated 

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

f) No person shall create, alter, falsify, or otherwise modify records in such a way 

that the records do not accurately reflect the constituents used to manufacture a 

product, the chemical composition of the individual product, and any other test, 

processes, or records used in connection with product manufacture. 

SUBPART C: ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS 

Section 223.300 Purpose 

The purpose of this Subpart is to limit emissions of VOMs by requiring reductions in the VOM 

content of architectural and industrial maintenance coatings and required work practices to 

minimize VOM emissions in the application of architectural and industrial maintenance coatings 

to surfaces. 

Section 223.305 Applicability 

This Subpart is applicable to any person who supplies, sells, offers for sale, or manufactures any 

architectural coating for use within the State of Illinois, as well as any person who applies or 

solicits the application of any architectural coating within Illinois. This Subpart does not apply 

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 definitions of terms used in this Subpart shall have the 

meanings specified for those terms in 35 Ill. Adm. Code 211. 

"Adhesive" means any chemical substance that is applied for the purpose of 

bonding two surfaces together other than by mechanical means. 

"Aerosol Coating Product" means a pressurized coating product containing 

pigments or resins that dispenses product ingredients by means of a propellant, 

and is packaged in a disposable can for hand-held application or for use in 

specialized equipment for ground traffic/marking applications. 

"Antenna Coating" means a coating labeled and formulated exclusively for 

application to equipment and associated structural appurtenances that are used to 

receive or transmit electromagnetic signals. 

"Antifouling Coating" means a coating labeled and formulated for application to 

submerged stationary structures and their appurtenances to prevent or reduce the 

attachment of marine or freshwater biological organisms. To qualify as an 

"Antifouling Coating", the coating must be registered with USEPA under the 

Federal Insecticide, Fungicide and Rodenticide Act (7 USC 136 et seq.) 

"Appurtenance" means any accessory to a stationary structure coated at the site of 

installation, whether installed or detached, including, but not limited to, bathroom 

and kitchen fixtures, cabinets, concrete forms, doors, elevators, fences, hand 

railings, heating equipment, air conditioning equipment, and other fixed 

mechanical equipment or stationary tools, lampposts, partitions, pipes and piping 

systems, rain gutters and downspouts, stairways, fixed ladders, catwalks and fire 

escapes, and window screens. 

"Architectural Coating" means a coating to be applied to stationary structures or 

the appurtenances at the site of installation, to portable buildings at the site of 

installation, to pavements, or to curbs. Coatings applied in shop applications or to 

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

automobiles, and adhesives are not considered architectural coatings for the 

purposes of this Subpart. 

"Bitumens" means black or brown materials including, but not limited to, asphalt, 

tar, pitch, and asphaltite that are soluble in carbon disulfide, consist mainly of 
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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 solvent 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 nitrocellulose or synthetic resins to dry by 

solvent evaporation without chemical reaction and to provide a solid, protective 

film, which are intended exclusively for application by brush and which are 

labeled as specified in Section 223.320(e). 

"Clear Wood Coatings" means clear and semi-transparent coatings, including 

lacquers and varnishes, applied to wood substrates to provide a transparent or 

translucent solid film. 

"Coating" means, for purposes of this Subpart, a material applied onto or 

impregnated into a substrate for protective, decorative, or functional purposes. 

Such materials include, but are not limited to, paints, varnishes, sealers, and 

stains. 

"Colorant" means, for purposes of this Subpart, a concentrated pigment dispersion 

in water, solvent, and/or binder that is added to an architectural coating after 

packaging in sale units to produce the desired color. 

"Concrete Curing Compound" means, for purposes of this Subpart, a coating 

labeled and formulated for application to freshly poured concrete to retard the 

evaporation of water. 
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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 the surface where the retarder is applied, 

allowing the retarded mix of cement and sand at the surface to be washed away to 

create an exposed aggregate finish. 

"Conversion Varnish" means a clear acid-curing coating with an alkyd or other 

resin blended with amino resins and supplied as a single component or 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 labeled and formulated only for spray 

application such that overspray droplets dry before subsequent contact with 

incidental surfaces in the vicinity of the surface coating activity. 

"Exempt Compound" means a compound identified as exempt under the 

definition of Volatile Organic Material (VOM) in Part 211.7150. The exempt 

compound content of a coating shall be determined by USEPA Method 24 or 

South Coast Air Quality Management District (SCAQMD) Method 303-91 

(Revised February 1993), incorporated by reference in Section 223.120. 

"Faux Finishing Coating" means a coating labeled and formulated as a stain or a 

glaze to create artistic effects including, but not limited to, dirt, old age, smoke 

damage, and simulated marble and wood grain. 

"Fire-Resistive Coating" means an opaque coating labeled and formulated to 

protect the structural integrity by increasing the fire endurance of interior or 

exterior steel and other structural materials that has been fire tested and rated by a 

testing agency and approved by building code officials for use in bringing 

assemblies of structural materials into compliance with federal, State, and local 

building code requirements. The fire-resistive coating and the testing agency 

must be approved by building code officials. The fire-resistive coating shall be 

tested in accordance with ASTM E119-98, incorporated by reference in Section 

223.120. 
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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 under any other definition in 

this Section and that registers gloss less than 15 on an 85-degree meter or less 

than five on a 60-degree meter according to ASTM D523-89 (1999), incorporated 

by reference in Section 223.120. 

"Floor Coating" means an opaque coating that is labeled and formulated for 

application to flooring, including, but not limited to, decks, porches, steps, and 

other horizontal surfaces that may be subjected to foot traffic. 

"Flow Coating" means a coating labeled and formulated exclusively for use by 

electric power companies or their subcontractors to maintain the protective 

coating systems present on utility transformer units. 

"Form-Release Compound" means a coating labeled and formulated for 

application to a concrete form to prevent the freshly poured concrete from 

bonding to the form. The form may consist of wood, metal, or some material 

other than concrete. 

"Graphic Arts Coating or Sign Paint" means a coating labeled and formulated for 

hand-application by artists using brush or roller techniques to indoor and outdoor 

signs (excluding structural components) and murals, including letter enamels, 

poster colors, copy blockers, and bulletin enamels. 

"High-Temperature Coating" means a high performance coating, excluding 

engine paint, labeled and formulated for application to substrates exposed 

continuously or intermittently to temperatures above 204°C (400°F). 

"Impacted Immersion Coating" means a high performance maintenance coating 

formulated and recommended for application to steel structures subject to 

immersion in turbulent, debris-laden water. These coatings are specifically 

resistant to high-energy impact damage by floating ice or debris. 
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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 labeled as specified in Section 223.320(d): 

Immersion in water, wastewater, or chemical 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 structures and structural components. 

"Lacquer" means, for purposes of this Subpart, a clear or opaque wood coating, 

including clear lacquer sanding sealers, formulated with cellulosic or synthetic 

resins to dry by evaporation without chemical reaction and to provide a solid, 

protective film. 

"Low-Solids Coating" means a coating containing 0.12 kilogram or less of solids 

per liter (1 pound or less of solids per gallon) of coating material. 

"Magnesite Cement Coating" means a coating labeled and formulated for 

application to magnesite cement decking to protect the magnesite cement 

substrate from erosion by water. 

"Mastic Texture Coating" means a coating labeled and formulated to cover holes 

and minor cracks and to conceal surface irregularities, and is applied in a single 

coat of at least 10 mils (0.010 inch) dry film thickness. 

"Metallic Pigmented Coating" means a coating containing at least 48 grams of 

elemental metallic pigment per liter of coating as applied (0.4 pounds per gallon), 
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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 gloss of 15 or greater on an 85-degree meter 

and five or greater on a 60-degree meter according to ASTM D523-89, 

incorporated by reference in Section 223.120, or an equivalent method approved 

by the CARB. 

"Non-Flat High-Gloss Coating" means a non-flat coating that registers a gloss of 

70 or above on a 60-degree meter according to ASTM D523-89, incorporated by 

reference into Section 223.120, or an equivalent method approved by the CARB. 

"Nonindustrial Use" means any use of architectural coatings except in the 

construction or maintenance of any of the following: facilities used in the 

manufacturing of goods and commodities; transportation infrastructure, including 

highways, bridges, airports and railroads; facilities used in mining activities, 

including petroleum extraction; utilities infrastructure, including power generation 

and distribution; and water treatment and distribution systems. 

"Nuclear Coating" means a protective coating formulated and recommended to 

seal porous surfaces such as steel (or concrete) that otherwise would be subject to 

intrusions by radioactive materials. These coatings must be resistant to long-term 

(service life) cumulative radiation exposure (ASTM D4082-02), incorporated by 

reference in Section 223.120, relatively easy to decontaminate, and resistant to 

various chemicals to which the coatings are likely to be exposed (ASTM D3912-

95, incorporated by reference in Section 223.120). 

"Post-Consumer Coating" means a finished coating that would have been 

disposed of in a landfill, having completed its usefulness to a consumer, and does 

not include manufacturing wastes. 

"Pre-Treatment Wash Primer" means a primer that contains a minimum of 0.5 

acid, by weight, when tested in accordance with ASTM D1613-03, incorporated 

by reference into Section 223.120, or an equivalent method approved by the 

CARB that is labeled and formulated for application directly to bare metal 
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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 labeled as specified in 

Section 223.320(h) and that is formulated to have the following characteristics: 

Is capable of being applied directly from the container under normal 

conditions with ambient temperatures between 16 and 27°C (60 and 

80°F); and 

When tested in accordance with ASTM D1640-03, incorporated by 

reference in Section 223.120, or an equivalent method approved by the 

CARB, sets to touch in two hours or less, is tack free in four hours or less, 

and dries hard in eight hours or less by the mechanical test method; and 

Has a dried film gloss of 70 or above on a 60-degree meter. 

"Quick-Dry Primer Sealer and Undercoater" means a "Primer", "Sealer", or 

"Undercoater" that is dry to the touch in 30 minutes and can be recoated in two hours 

when tested in accordance with ASTM D1640-03, incorporated by reference in Section 

223.120, or an equivalent method approved by the CARB. 

"Recycled Coating" means an architectural coating formulated such that not less than 50 

percent of the total weight consists of secondary and post-consumer coating, with not less 

than 10 percent of the total weight consisting of post-consumer coating. 

"Residence" means areas where people reside or lodge, including, but not limited to, 

single and multiple family dwellings, condominiums, mobile homes, apartment 

complexes, motels, and hotels. 

"Roof Coating" means a nonbituminous coating labeled and formulated exclusively for 

application to roofs for the primary purpose of preventing penetration of the substrate by 

water or reflecting heat and ultraviolet radiation. Metallic pigmented roof coatings that 

qualify as metallic pigmented coatings shall not be considered in this category, but shall 

be considered to be in the metallic pigmented coatings category. 
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"Rust Preventive Coating" means a coating formulated exclusively for nonindustrial use 

to prevent the corrosion of metal surfaces and labeled as specified in Section 223.320(f). 

"Sanding Sealer" means, for purposes of this Subpart, a clear or semi-transparent wood 

coating labeled and formulated for application to bare wood to seal the wood and to 

provide a coat that can be abraded to create a smooth surface for subsequent applications 

of coatings. A "Sanding Sealer" that also meets the definition of a "Lacquer" is not 

included in this category, but it is included in the "Lacquer" category. 

"Sealer" means, for purposes of this Subpart, a coating labeled and formulated for 

application to a substrate for one or more of the following purposes: to prevent 

subsequent coatings from being absorbed by the substrate, or to prevent harm to 

subsequent coatings by materials in the substrate. 

"Secondary Coating (Rework)" means a fragment of a finished coating or a finished 

coating from a manufacturing process that has converted resources into a commodity of 

real economic value, but does not include excess virgin resources of the manufacturing 

process. 

"Shellac" means a clear or opaque coating formulated solely with the resinous secretions 

of the lac beetle (Laciffer lacca), thinned with alcohol, and formulated to dry by 

evaporation without a chemical reaction. 

"Shop Application" means the application of a coating to a product or a component of a 

product in or on the premises of a factory or a shop as part of a manufacturing, 

production or repairing process (e.g., original equipment manufacturing coatings). 

"Solicit" means to require for use or to specify by written or oral contract. 

"Specialty Primer, Sealer, and Undercoater" means a coating labeled as specified in 

Section 223.320(g) and that is formulated for application to a substrate to seal fire, 

smoke, or water damage; to condition excessively chalky surfaces; to seal in 

efflorescence; or to block stains. An excessively chalky surface is one that is defined as 

having a chalk rating of four or less as determined by ASTM D4214-98, incorporated by 

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

"Stain" means a clear, semitransparent, or opaque coating labeled and formulated to 

change the color of a surface, but not conceal the grain pattern or texture. 
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"Stone Consolidant" means a coating that is labeled and formulated for application to 

stone substrates to repair historical structures that have been damaged by weathering or 

other decay mechanisms. "Stone Consolidants" must penetrate into stone substrates to 

create bonds between particles and consolidate deteriorated material. "Stone 

Consolidants" must be specified and used in accordance with ASTM E2167-01, 

incorporated by reference in Section 223.120. "Stone Consolidants" are for professional 

use only and must be labeled as such, in accordance with the labeling requirements in 

Section 223.320. 

"Swimming Pool Coating" means a coating labeled and formulated to coat the interior of 

swimming pools and to resist swimming pool chemicals. 

"Swimming Pool Repair and Maintenance Coating" means a rubber-based coating 

labeled and formulated to be used over existing rubber-based coatings for the repair and 

maintenance of swimming pools. 

"Temperature-Indicator Safety Coating" means a coating labeled and formulated as a 

color-changing indicator coating for the purpose of monitoring the temperature and safety 

of the substrate, underlying piping, or underlying equipment, and for application to 

substrates exposed continuously or intermittently to temperatures above 204°C (400°F). 

"Thermoplastic Rubber Coating and Mastics" means a coating or mastic formulated and 

recommended for application to roofing or other structural surfaces and that incorporates 

no less than 40 percent by weight of thermoplastic rubbers in the total resin solids and 

may also contain other ingredients, including, but not limited to, fillers, pigments and 

modifying resins. 

"Tint Base" means an architectural coating to which colorant is added after packaging in 

sale units to produce a desired color. 

"Traffic Marking Coating" means a coating labeled and formulated for marking and 

striping streets, highways, or other traffic surfaces, including, but not limited to, curbs, 

berets, driveways, parking lots, sidewalks, and airport runways. 

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

subsequent coatings. 
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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 surface, or to control the final sheen or gloss 

of the finish. 

"VOC Content" shall have the same meaning as "VOM Content." 

"VOM Content" means the weight of VOM per volume of coating, calculated according 

to the procedures specified in Section 223.340(a). 

"Waterproofing Concrete/Masonry Sealers" means clear or pigmented sealers that are 

formulated for sealing concrete and masonry to provide resistance against water, alkalis, 

acids, ultraviolet light, or staining. 

"Waterproofing Sealer" means a coating labeled and formulated for application to a 

porous substrate for the primary purpose of preventing the penetration of water. 

"Wood Preservative" means a coating labeled and formulated to protect exposed wood 

from decay or insect attack that is registered with USEPA under the Federal Insecticide, 

Fungicide, and Rodenticide Act (7 USC 136 et seq.). 

Section 223.310 Standards 

a) VOM Content Limits: Except as provided in subsection (c), no person shall 

manufacture, blend, or repackage for sale within Illinois, supply, sell, or offer for 

sale within Illinois, or solicit for application or apply within Illinois, any 

architectural coating manufactured on or after January 1, 2009 that contains a 

VOM content in excess of the corresponding 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: one pound VOM per gallon (U.S.) = 119.95 

grams per liter. 

b) Limits are expressed in grams of VOM per liter of coating thinned to the 

manufacturer's maximum recommendation, excluding the volume of any water, 

exempt compounds, or colorant added to tint bases. "Manufacturers maximum 
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recommendation" means the maximum recommendation for thinning that is 

indicated on the label or lid of the coating container. 

c) Most Restrictive VOM Limit. If anywhere on the container of any architectural 

coating, or any label or sticker affixed to the container, or in any sales, 

advertising, or technical literature supplied by a manufacturer or anyone acting on 

the manufacturer's behalf, any representation is made that indicates that the 

coating meets the definition of or is recommended for use for more than one of 

the coating categories listed in subsection (a), then the most restrictive VOM 

content limit shall apply. This provision does not apply to the coating categories 

specified in subsections (c)(1) through (c)(21): 

1) Lacquer coatings (including lacquer sanding sealers); 

2) Metallic pigmented coatings; 

3) Shellacs; 

4) Fire-retardant coatings; 

5) Pretreatment wash primers; 

6) Industrial maintenance coatings; 

7) Low-solids coatings; 

8) Wood preservatives; 

9) High-temperature coatings; 

10) Temperature-indicator safety coatings; 

11) Antenna coatings; 

12) Antifouling coatings; 

13) Flow coatings; 

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 the container by pouring, siphoning, brushing, 

rolling, padding, ragging, or other means shall be closed when not in use. These 

architectural coatings containers include, but are not limited to, drums, buckets, 

cans, pails, trays, or other application containers. Containers of any VOMcontaining materials used for thinning and cleanup shall also be closed when not 

in use. 

e) Thinning. No person who applies or solicits the application of any architectural 

coating shall apply a coating that is thinned to exceed the applicable VOM limit 

specified in subsection (a). 

f) Rust Preventive Coatings. No person shall apply or solicit the application of any 

rust preventive coating for industrial use unless the rust preventive coating 

complies with the industrial maintenance coating VOM limit specified in 

subsection (a). If the coating is also regulated under another Part, the more 

restrictive limit shall apply. 

g) Coatings Not Listed in Subsection (a). For any coating that does not meet any of 

the definitions for the specialty coatings categories listed in subsection (a), the 

VOM content limit shall be determined by classifying the coating as a flat 

coating, a non-flat coating, or a non-flat high-gloss coating, based on its gloss, as 

defined in Section 223.307, and the corresponding flat or non-flat coating limit 

shall apply. 
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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 in which the coating is 

sold or distributed (or on its label). 

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

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

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

explanation of each code with the Agency upon request. 

b) Thinning Recommendations. A statement of the manufacturer's recommendation 

regarding thinning of the coating shall be indicated on the label or lid of the 

container. This requirement does not apply to the thinning of architectural 

coatings with water. If thinning of the coating prior to use is not necessary, the 

recommendation must specify that the coating is to be applied without thinning. 

c) VOM or VOC Content. Each container of any coating subject to this Subpart 

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

supplied, or the actual VOM content including the maximum thinning as 

recommended by the manufacturer. VOM content shall be displayed in grams of 

VOM per liter of coating. VOM content displayed shall be calculated using 

product formulation data, or shall be determined using the test methods in Section 

223.340(b). The equations in Section 223.340(a) shall be used to calculate VOM 

content. In each of the above cases, the term "VOC content" shall have the same 

meaning as "VOM content". 

d) Industrial Maintenance Coatings. In addition to the information specified in 

subsections (a), (b), and (c), each manufacturer of any industrial maintenance 

coating subject to this Subpart shall display on the label or the lid of the container 

in which the coating is sold or distributed one or more of the following 

descriptions: 

1) "For industrial use only"; 

2) "For professional use only"; 

3) "Not for residential use" or "Not intended for residential use". 
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e) Clear Brushing Lacquers. The labels of all clear brushing lacquers shall 

prominently display the statements "For brush application only" and "This 

product must not be thinned or sprayed". 

f) Rust Preventive Coatings. The labels of all rust preventive coatings shall 

prominently display the statement "For Metal Substrates Only". 

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

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

descriptions: 

1) "For blocking stains"; 

2) "For fire-damaged substrates"; 

3) "For smoke-damaged substrates"; 

4) "For water-damaged substrates"; 

5) "For excessively chalky substrates". 

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

display the words "Quick Dry" and the dry hard time. 

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

shall prominently display the words "High Gloss." 

j) Stone Consolidants. Effective January 1, 2010, the labels of all stone consolidants 

shall prominently display the statement "Stone Consolidant − For Professional 

Use Only". 

Section 223.330 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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 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

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

the preceding calendar year; and 

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

b) Rust Preventive Coatings. Within 90 days after written request by the agency, 

each manufacturer of rust preventive coatings shall report the following 

information for products sold in Illinois: 

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

the preceding calendar year; and 

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

c) Specialty Primers, Sealers, and Undercoaters. With 90 days after written request 

by the Agency, each manufacturer of specialty primers, sealers, and undercoaters 

shall report the following information for products sold in Illinois: 

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

in the State during the preceding calendar year; and 

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

d) Toxic Exempt Compounds. For each architectural coating that contains 

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

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

sold in Illinois: 

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

instructions; 

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

belongs; 

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

and 

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

methylene chloride in the coating. 
 ILLINOIS REGISTER 17378

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

e) Recycled Coatings. 

1) Within 90 days after written request by the Agency, manufacturers of 

recycled coatings must submit a letter to the Agency self-certifying their 

status as a Recycled Paint Manufacturer. 

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

coatings manufacturer shall report the following information for products 

sold in Illinois: 

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

the preceding calendar year; and 

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

f) Bituminous Coatings. Within 90 days after written request by the Agency, each 

manufacturer of bituminous roof coatings or bituminous roof primers shall report 

the following information for products sold in Illinois: 

1) The number of gallons of bituminous roof coatings or bituminous roof 

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

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

Section 223.340 Compliance Provisions and Test Methods

a) Calculation of VOM Content. For the purpose of determining compliance with 

the VOM content limits in Section 223.310(a), the VOM content of a coating 

shall be determined by using the procedures described in subsection (a)(1) or 

(a)(2), as appropriate. The VOM content of a tint base shall be determined 

without colorant that is added after the tint base is manufactured. 

1) With the exception of low solids coatings, determine the VOM content in 

grams of VOM per liter of coating thinned to the manufacturer's maximum 

recommendation, excluding the volume of any water and exempt 

compounds. Determine the VOM content as follows: 
 ILLINOIS REGISTER 17379

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

( )

( ) VemVwVm

WemWwWs VOMcontents −−

− − =

Where: 

VOM content = grams of VOM per liter of coating 

Ws = weight of volatiles, in grams 

Ww = weight of water, in grams 

Wem = weight of exempt materials, in grams 

Vm = volume of coating, in liters 

Vw = volume of water, in liters 

Vem = volume of exempt materials, in liters 

2) For low solids coatings, determine the VOM content in units of grams of 

VOM per liter of coating thinned to the manufacturer's maximum 

recommendation, including the volume of any water and exempt 

compounds. Determine the VOM content as follows: 

( ) ( )

( ) Vm

WemWwWs VOMcontent s − − 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 determine the physical properties of a coating in 

order to perform the calculations in subsection (a), the reference method for VOM 

content is USEPA Method 24, incorporated by reference in Section 223.120, 

except as provided in Sections 223.350 and 223.360. An alternative method to 

determine the VOM content of coatings is SCAQMD Method 304-91, 

incorporated by reference in Section 223.120. The exempt compounds content 

shall be determined by SCAQMD Method 303-91, incorporated by reference in 

Section 223.120. To determine the VOM content of a coating, the manufacturer 

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

Section 223.350, formulation data, or any other reasonable means for predicting 
 ILLINOIS REGISTER 17380

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

that the coating has been formulated as intended (e.g., quality assurance checks, 

recordkeeping). However, if there are any inconsistencies between the results of a 

Method 24 test and any other means for determining VOM content, the Method 

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

as specified in Section 223.350. The Agency may require the manufacturer to 

conduct a Method 24 analysis. 

Section 223.350 Alternative Test Methods 

Other test methods demonstrated to provide results that are acceptable for purposes of 

determining compliance with Section 223.340(b), after review and approval in writing by the 

Agency and USEPA, may also be used. 

Section 223.360 Methacrylate Traffic Coating Markings 

Analysis of methacrylate multi-component coatings used as traffic marking coatings shall be 

conducted according to a modification of USEPA Method 24, incorporated by reference in 

Section 223.120, or an equivalent method approved by the CARB. This method has not been 

approved for methacrylate multi-component coatings used for purposes other than as traffic 

marking coatings or for other classes of multi-component coatings. 

Section 223.370 Test Methods 

The following test methods are incorporated by reference in Section 223.120 and shall be used to 

test coatings subject to the provisions of this Subpart: 

a) Flame Spread Index. The flame spread index of a fire-retardant coating shall be 

determined by ASTM E84-07, Standard Test Method for Surface Burning 

Characteristics of Building Materials (see Section 223.307, Fire-Retardant 

Coating), or an equivalent method approved by the CARB. 

b) Fire-Resistance Rating. The fire-resistance rating of a fire-resistive coating shall 

be determined by ASTM E119-98, Standard Test Methods for Fire Tests of 

Building Construction Materials (see Section 223.307, Fire-Resistive Coating), or 

an equivalent method approved by the CARB. 

c) Gloss Determination. The gloss of a coating shall be determined by ASTM 

D523-89, Standard Test Method for Specular Gloss (see Section 223.307, Flat 
 ILLINOIS REGISTER 17381

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

Coating, Non-Flat Coating, Non-Flat High-Gloss Coating, and Quick-Dry 

Enamel), or an equivalent method approved by the CARB. 

d) Metal Content of Coatings. The metallic content of a coating shall be determined 

by SCAQMD Method 318-95, Determination of Weight Percent Elemental Metal 

in Coatings by X-Ray Diffraction, SCAQMD Laboratory Methods of Analysis for 

Enforcement Samples (see Section 223.307, Metallic Pigmented Coating). 

e) Acid Content of Coatings. The acid content of a coating shall be determined by 

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

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

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

approved by the CARB. 

f) Drying Times. The set-to-touch, dry-hard, dry-to-touch and dry-to-recoat times 

of a coating shall be determined by ASTM D1640-03, Standard Methods for 

Drying, Curing, or Film Formation of Organic Coatings at Room Temperature 

(see Section 223.307, Quick-Dry Enamel and Quick-Dry Primer, Sealer, and 

Undercoater). The tack free time of a quick-dry enamel coating shall be 

determined by the Mechanical Test Method of ASTM D1640-03, or an equivalent 

method approved by the CARB. 

g) Surface Chalkiness. The chalkiness of a surface shall be determined using ASTM 

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

Exterior Paint Films (see Section 223.307, Specialty Primer, Sealer, and 

Undercoater), or an equivalent method approved by the CARB. 

h) Exempt Compounds – Siloxanes. Exempt compounds that are cyclic, branched, 

or linear, completely methylated siloxanes shall be analyzed as exempt 

compounds for compliance with Section 223.340 by BAAQMD Method 43, 

Determination of Volatile Methylsiloxanes in Solvent-Based Coatings, Inks, and 

Related Materials, BAAQMD Manual of Procedures, Volume III (see Section 

223.307, VOM Content, and Section 223.340(b)). 

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 
 ILLINOIS REGISTER 17382

 08 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED RULES 

Containing Parachlorobenzotrifluoride, BAAQMD Manual of Procedures, 

Volume III (see Section 223.307, VOM Content, and Section 223.340(b)). 

j) Exempt Compounds. The content of compounds exempt under USEPA Method 

24 shall be analyzed by SCAQMD Method 303-91, Determination of Exempt 

Compounds, SCAQMD Laboratory Methods of Analysis for Enforcement 

Samples (see Section 223.307, VOM Content, and Section 223.340(b)). 

k) VOM Content of Coatings. The VOM content of a coating shall be determined 

by USEPA Method 24 as it exists in Appendix A of 40 CFR 60, Determination of 

Volatile Matter Content, Water Content, Density, Volume Solids, and Weight 

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

approved by the CARB. 

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 ofIllinois 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 ofwhich is herewith served upon you.

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By: _

Charles E. Matoesian

Assistant Counsel

Division ofLegal 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 ofthe 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 Administration
Electronic 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

Hydrofluorocarbons

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 ofVolatile 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 ofVolatile 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 ofBuilding

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 ofOrganic Coatings at Room Temperature,

approved December 1, 2003.

4) ASTM Method D 3912-95(2001), Test Method for Chemical

Resistance ofCoating Used in Light-Water Nuclear Power Plants,

reapproved 2001.

5) ASTM Method D 4082-02, Test Method for Effects ofRadiation 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 ofExterior 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 ofBuilding 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 ofStone

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 ofVolatile Organic Compounds in Various

Materials, revised February 1996.

2) SCAQMD Method 303-91, Determination ofExempt Compounds,

revised February 1993.

SCAQMD Method 318-95, Determination ofWeight 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 ofVolatile 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 95812
Electronic 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 ofthe 2000 Edition ofthe 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 ofcertain words. Several

clarifications need to be made.

"Colorant" means for purposes ofthis 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 ofthis 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 ofthis 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 ofsubstances 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 ofsolid particles.
Electronic Filing· Received, Clerk's Office, July 10, 2008

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

"Solid" means a substance or mixture ofsubstances which, either whole or

subdivided (such as the particles comprising a powder), is not capable ofvisually

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 ofthe

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, ofplasticizer 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 ofitems 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 ofthis 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 ofthis Subpart, except for

charcoal lighter products, the total weight ofVOM in a product expressed as a

percentage ofthe product weight (exclusive ofthe 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 ofsale, use, or manufacture, contains VOMs in excess ofthe

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 ofthe 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),

ifthe 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 ofthe year on which the product

was manufactured, with "001" representing the first day ofthe 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 ofthe

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 ofthe

container or packaging. For the purposes ofthis 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 ofthis 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 ofthe 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 ofmanufacture for any consumer product subject to Section

223.205(a), an explanation ofthe date portion ofthe code must be filed

"'lith the Agency no later than 12 months prior to the effective date ofthe

applicable standard specified in Section 223.205.

b) If a manufacturer changes any code indicating the date ofmanufacture for

any consumer product subject to Section 223.255(a), an explanation ofthe

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 ofmanufacture from any regulated

product container without the express authorization ofthe 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 ofmanufacture 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 ofpetroleum 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

calcamine-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 ofpigment to color a surface, or to control the final fetal
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sheen or gloss ofthe finish.

9. Amend Section 223.307 to add the definitions ofcertain words. Several clarifications

need to be made.

"Colorant" means for purposes ofthis 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 ofthis 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 ofretarding 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 ofthe rule at the appropriate place. This was

inadvertently omittedfrom 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 ofthe rule at the appropriate place. This was

inadvertently omittedfrom the proposal.

21. Concrete Surface Retarder

12. Amend Section 223.370 to clarify that the various test methods specifiedwere

incorporated by reference. The notation was inadvertently omittedfrom 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 ofBuilding Materials,"

(see Section 223.307, Fire-Retardant Coating) or an equivalent method

approved by the CARB.

e) Acid Content ofCoatings. 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 Used
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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 ofASTM

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 ofVolatile Methylsiloxanes in Solvent-Based

Coatings, Inks, and Related Materials," BAAQMD Manual ofProcedures,

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 ofVolatile Organic Compounds in Solvent-Based Coatings

and Related Materials Containing Parachlorobenzotrifluoride," BAAQMD

Manual ofProcedures, 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 ofmethacrylate

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 ofMethacrylate

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 ofSubpart D from the rule, including references in the index to the

rule. The USEPA has promulgated an identical rule concerning "Aerosol Coatings"

thus mooting the proposed Subpart D.
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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 ofthis 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 ofIllinois, 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 ofthis Subpart.

Unless othep,yise defined herein, the definitions ofterms 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.
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"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 ofthe film forming ingredients, incillding pigments and resins.

"Commercial Application" means the use of aerosol coating prooocts in the

production of goods, or the providing ofservices for profit, including touch Hp and

repatF;
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"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 ofresale 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 ofits 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 ofthe

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 ofthe 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 ofthe

following

criteria:
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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 ofthe 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 ofthe 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 ofthe 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 859 gloss meter, or less than or equal to five on

a--6(f9 gloss meter, or '",'hich is labeled as a flat coating.
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"Flatting Agent" means a compound added to a coating to reduce the gloss ofthe

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 ofsix 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.
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"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 ofthe 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 ofmore 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 g59 gloss meter or greater than five on a 609

gloss meter.

"Ozone" means a colorless gas with a pungent odor, having the molecular form 0",;

"Percent VOM By Weight" means the ratio ofthe weight ofVOM to the total

weight ofthe product contents expressed as follows:

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

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

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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 ofthe product contents.

"Photograph Coating" means a coating designed and labeled exclusively to be

applied to finished photographs to allow corrective retouching, protection ofthe

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 ofthe 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 ofwater. 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 polyolefin copolymer surface of automotive body

parts, bumpers, or trim parts to provide a bond between the surface and subsequent

€eat&:

"Primer" means for purposes ofthis 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 Onone formed per gram ofproduct

(excluding container and packaging) and calculated according to the following

equations:

Weighted MIR (Wtd MIR) ingredient MIR x Weight fraction

ingredient,

and,
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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 ofthat 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. Ifthe 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 ofthis 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 ofthe 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.
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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 ofthe

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 ofreactive 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 ofthe product, expressed to thousandths of a gram ofingredient per gram of

product (exeluding container and packaging). The ",,,eight fraction is calculated

according to the following equation:

Weight Fraction 'Height ofthe 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.
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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 ofsale, use, or manufacture,

oontains reactive organic oompounds that have a PW1\4IR in excess ofthe

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

1.55
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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

2.50
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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 ofthe 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 223.41O(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 ofthe 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 - Received, Clerk"s Office, July 10, 2008

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

2) The requirements ofthis 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 ofthe 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 ofFederal 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 ofthe 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 ofYOM and methylene chloride

contained in the multi component kit (Total '10M 4- MC)~

greater than the total weight ofYOM 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- (STDfl""*

Wfl1

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

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

VOM

MC

STD

1lTn

the percent by ,;veight VOM ofthe

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 ofthe 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-Wfl1

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

Wfl1

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

Where:

\Xl the vleight ofthe 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 ofIllinois 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 * * * * *

1) In order to calculate the P:WIVIIR of aerosol coating products as

specified in Section 223.107, the MIR values ofproduct 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)

ofthis 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) ofthis 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 ofthis Part shall be assigned as follov/s:

Ifthe solvent dry point is lower than or equal to 420 degrees

F, the MIR value specified in subsection (b) oL'\ppendix B

ofthis Part for Bin 23 shall be used.
Electronic Filing - Received, Clerk"s Office, July 10, 2008

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

B) Ifthe solvent initial boiling point is higher than 420 degrees

F, the MIR value specified in subsection (b) ofAppendix B

ofthis 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 ofIllinois.

c) The provisions ofthis 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 ofIllinois, 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 223.41O(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 ofthis Subpart.
Electronic Filing - Received, Clerk's Office, July 10, 2008

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

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 ofthe 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 ofthe 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 ofthe product.

d) For any aerosol coating product subject to Section 223.410(a), ifthe

manufacturer or responsible party uses a code indicating the date of

manufacture or an abbreviation ofthe coating category as defined in

Section 223.407, an explanation ofthe code or abbreviation must be filed

'.vith the Agency prior to the use ofthe 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 ofthe

effective date ofthis Subpart: the company name, mail address, contact

person, and the telephone number ofthe 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

subject to this Subpart shall submit to the l\gency a "..'Iitten report "'lith all

ofthe follO'.ving information for each product they manufacture under their

name or another company's name:

1) The brand name ofthe product;

2) Upon request, a copy ofthe product label;
Electronic Filing - Received, Clerk's Office, July 10, 2008

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

3) The o'lmer ofthe 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 ifit is present in an amount greater than or

equal to 0.1% by 'l"eight ofthe 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 ofthis section, an "ifl1iJurity" means an individual

chemical compound present in a raw material 'l!hich is incorporated

into the final aerosol coatings formulation, ifthe 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 ofthe same product (even ifthe coatings vary by more

than two percent in \TOM content).
Electronic Filing· Received, Clerk"s Office, July 10, 2008

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

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 Meth6ds

Compliance with the requirements ofthis 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

ofthis Subpart shall be determined by the procedures set forth in "l\ir

Resources Board Method 310, Determination ofVolatile 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 ofthis 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 ifit is present in an amount greater than or equal

to 0.1% by weight ofthe 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
Electronic 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 ofthis section, an "impurity" means an

individual chemical compound present in a faV/ material

which is incorporated into the final aerosol coatings

formulation, ifthe 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

ofthe aerosol coating products to be tested.

3) Final determination ofthe PW14IR ofthe aerosol coatings shall be

determined using the information obtained from Appendix ,\ and B.

c) Metal Content. The metal content ofmetallic 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 offlat 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 ofrust 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 ofCoatings," 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 ofAppendix A from the rule, including references in the index to the

Appendix. The USEPA 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 ofMaJcimum 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

1.14
Electronic Filing - Received, Clerk"s Office, July 10, 2008

* * * * * * * 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 C11 ,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

1.09
Electronic 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

1.72
Electronic Filing - Received, Clerk's Office, July 10, 2008

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

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. C11 Cyeloa1kanes

142. C12 Bieyeloa1kanes

143. C12 Cyeloalkanes

144. 1,3,5 Triethy1 Cyelohexane

145. 1 Methyl 4 Pentyl Cyelohexane

146. HeJeyl Cyelohexane

147. C13 Bicyeloalkanes

14 g. 1,3 Diethyl 5 Propyl CyeloheJcane

149. 1 Methyl 2 Hexyl Cyclohexane

150. Heptyl Cyelohexane

151. C13 Cyeloalkanes

152. C14 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. C15 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

11.5g
Electronic Filing - Received, Clerk"s Office, July 10, 2008

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

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

183. 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. C14 Termina1l.clkenes

193. 1 Pentadecene

194. C15 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

13.32
Electronic Filing - Received, Clerk's Office, July 10, 2008

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

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

2.82
Electronic Filing - Received, Clerk's Office, July 10, 2008

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

260. C15 3 Alkenes

261. C15 Internal Alkenes

262. C4 Alkenes

263. C5 Alkenes

264. C6 Alkenes

265. C7 Alkenes

266. Cg Alkenes

267. C9 Alkenes

26g. C10 A1kenes

269. C11 l\lkenes

270. C12 l\lkenes

271. C13 Alkenes

272. C14 l'Jkenes

273. C15 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 olefins

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

2.79
Electronic Filing - Received, Clerk"s Office, July 10, 2008

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

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. C13 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. C11 Tetrasubstituted Benzenes

342. Cl1 Trisubstituted Benzenes

343. Isomers ofPentylbenzene

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

3.17
Electronic Filing· Received, Clerk's Office, July 10, 2008

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

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. C13 Disubstituted Naphthalenes

365. C13.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

2.17
Electronic Filing· Received, Clerk"s Office, July 10, 2008

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

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 3.01
Electronic Filing - Received, Clerk's Office, July 10, 2008

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

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 0.71
Electronic 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 0.72
Electronic 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

0.94
Electronic 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 8.99
Electronic 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

3.55
Electronic 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

19.70
Electronic 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 ChIoro 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

0.00
Electronic 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 C14 Alkanes

772. Unspeciated CIS Alkanes

773. Unspeciated C16 Alkanes

774. Unspeciated C17 Alkanes

775. Unspeciated C18 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 ofAppendix B from the rule, including references in the index to the

Appendix. The USEPA 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 MIRVaIae
Electronic 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) 0.88
Electronic 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

requestfrom the Illinois EPA.

a) If a manufacturer uses a code other than specified in 223.250(b)

indicating the date ofmanufacture for any consumer product

subject to Section 223.205(a), an explanation ofthe date portion of

the code must be filed with the Agency upon request. no later than

12 months prior to the effective date ofthe applicable standard

specified in Section 223.205.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY
Electronic 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

52
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 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 ofits attorneys, and hereby submits its post-hearing comments

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

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 ofthe 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 ofthe Agency's filing ofthe proposed

regulations.

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

In the interest ofproviding 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 ofthe transcript, line 7. It should be noted, as it

was a number oftimes at the public hearing, that the proposed regulation was not in fact
Electronic 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 ofthe 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 oftimes 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 ofthe 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 ofthe new

categories due to several factors: (1) the amount ofreductions from the additional

categories relative to the total amount ofreduction from the regulation was insufficient to

change the overall total percentage; (2) the percent reduction from the additional

categories was comparable to the percentreduction from the existing categories, thus not

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

ofthe amendment phases ofthe 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 ifthe 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 ofthe categories

in question did not significantly impact the overall percentage reduction or economic

impact ofthe 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 ofthe

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 ofRegulations, Section 94509

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

Charles E. Matoesian

Assistant Counsel
Electronic 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

5
Electronic 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 ofLegal 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 ofIllinois 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 ofIllinois

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 ofNatural Resources

Office ofLegal Counsel

One Natural Resources Way

Springfield, IL 62702..:1271