ILLINOIS POLLUTION CONTROL BOARD

May 7, 2009

IN THE MATTER OF:

PROPOSED NEW 35 ILL. ADM. CODE 

PART 223 STANDARDS AND 

LIMITATIONS FOR ORGANIC MATERIAL 

EMISSIONS FOR AREA SOURCES

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 R08-17

 (Rulemaking - Air)

Adopted Rule. Final Order.

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

The Illinois Environmental Protection Agency (Agency or IEPA or Illinois EPA) initiated 

this rulemaking on January 2, 2008, by proposing a new Part 223, Standards and Limitations for 

Organic Material Emissions for Area Sources. The Agency stated that the original proposed 

regulations would reduce emissions of volatile organic material (VOM or VOC1

 1 In the Statement of Reasons (Statement) filed with its proposal, the Agency states that the terms 

“VOM” and “VOC,” or volatile organic compound, “are interchangeable.” Statement at 5. The 

Agency states, however, that it employs the term “VOM” and United States Environmental 

Protection Agency (USEPA) employs the term “VOC.” Id.

) from the three 

categories of consumer and commercial products, architectural and industrial maintenance 

(AIM) products, and aerosol coatings.

On October 16, 2008, the Board adopted its first-notice opinion and order in this 

proceeding. See 32 Ill. Reg. 17301-82 (Nov. 7, 2008). The Board largely adopted the Agency’s 

proposal, including changes contained in three errata sheets submitted by the Agency. The 

Board also substantively amended the Agency’s proposal, as described in the opinion. Proposed 

New 35 Ill. Adm. Code Part 223 Standards and Limitations for Organic Material Emissions for 

Area Sources, R08-17, slip op. at 45-46 (Oct. 16, 2008). Specifically, the first-notice proposal 

intended to reduce VOM emissions from the two categories of consumer and commercial

products and AIM products. The proposal included VOM content standards, exemptions and 

compliance alternatives, and various labeling, recordkeeping and reporting requirements.

On March 19, 2009, the Board issued its second-notice opinion and order, which 

extended the implementation date of the proposed regulations to July 1, 2009, but did not 

otherwise substantively change the rules proposed by the Board’s first-notice opinion and order.

Today, the Board adopts these rules in its final order, finding that they are technically 

feasible and economically reasonable. The Board makes only three specific technical changes 

recommended by the Joint Committee on Administrative Rules (JCAR). JCAR voted on April 

21, 2009 to issue a certificate of no objection to these proposed rules.
2

In this opinion and order, the Board provides the procedural history of this rulemaking

and a brief summary of the rule. The Board then summarizes the technical feasibility and 

economic reasonableness of the regulations. Finally, the order following the opinion sets forth 

the adopted rule.

PROCEDURAL HISTORY

On January 2, 2008, the Agency filed a rulemaking proposal under the general 

rulemaking provisions of Sections 27 and 28 of the Act (415 ILCS 5/27, 28 (2006)). A

Statement of Reasons and Technical Support Document (TSD) accompanied the Agency’s 

proposal. A motion for waiver of various filing requirements also accompanied the proposal.

On January 22, 2008, the Board received a comment on the proposal from David F. 

Darling, P.E., and Alison Keane on behalf of the National Paint and Coatings Association 

(NPCA) (PC 1).

In an order dated January 24, 2008, the Board accepted the Agency’s proposal for hearing 

and granted the Agency’s motion for waiver of filing requirements. In a letter dated January 24, 

2008, the Board requested that the Department of Commerce and Economic Opportunity 

(DCEO) conduct an economic impact study of the Agency’s rulemaking proposal. See 415 ILCS 

5/27(b) (2006). DCEO has not responded to this request.

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

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

the hearing officer noted that the Agency’s TSD included a list of approximately 600 entities 

potentially affected by the proposal. See TSD, Appendix A (Potentially Affected Manufacturers 

in Illinois). The order stated that the Board began the proceeding by including each of those 

entities in its Notice List and mailing each of them a copy of the order. However, the order also 

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

specifically indicated by March 7, 2008, that they wished to remain on the Notice List. The 

order included an Attachment A, which provided an electronic mail address, a facsimile number, 

and a mailing address through which potentially affected entities could indicate their wish to 

remain on the Notice List. The order also included an Attachment B, which contained the names 

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

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

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

behalf of the Consumer Specialty Products Association (CSPA) (Yost Test.). On April 16, 2008, 

the Board received prefiled testimony from Ms. Heidi K. McAuliffe on behalf of the National 

Paint and Coatings Association (NPCA) (McAuliffe Test.). Also on April 16, 2008, the Board 

received prefiled testimony from Mr. Rory Davis on behalf of the Agency (Davis Test.). On the 

same date, the Agency filed its first errata sheet.

The first hearing in this proceeding took place as scheduled on April 30, 2008, in 

Springfield (Tr.1). At the first hearing, the hearing officer admitted into the record two exhibits. 

The first is a final rule adopted by USEPA and entitled “National Volatile Organic Compound 
3

Emission Standards for Aerosol Coatings” (Exh. 1). Tr.1 at 42; see 73 Fed. Reg. 15604-31 (Mar. 

24, 2008). The second, a direct final rule adopted by USEPA, clarifies and amends certain 

regulatory language in the aerosol coatings final rule (Exh. 2). Tr.1 at 42; see 73 Fed. Reg. 

15421-25 (Mar. 24, 2008). The Board received the transcript of the first hearing on May 7, 

2008.

On May 19, 2008, the Board received a second comment filed by Mr. Darling and Ms. 

Kean on behalf of NPCA (PC 2).

The second hearing in this proceeding took place as scheduled on June 4, 2008, in 

Chicago (Tr.2). At the second hearing, the hearing officer admitted into the record two 

additional exhibits. The third exhibit is a final draft version of a “Model Rule for Consumer 

Products” developed by the Ozone Transport Commission (OTC)2

 2 The Agency describes OTC as “an organization in the eastern states created under the Clean 

Air Act.” TSD at 7, Statement at 4-5. Specifically, the OTC consists of the states of 

Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New 

York, Pennsylvania, Rhode Island, Vermont, Virginia, and the District of Columbia.” TSD at 

17.

and dated September 13, 

2006 (Exh. 3). The fourth exhibit is the Agency’s second errata sheet, which was also received 

by the Board’s Clerk on June 4, 2008 (Exh. 4). The Board received the transcript of the second 

hearing on June 11, 2008.

In an order dated June 11, 2008, the hearing officer set a deadline of July 11, 2008, for 

filing post-hearing comments and a deadline of July 25, 2008, for filing a response to a posthearing comment. The order noted that the Board had mailed a copy of the February 13, 2008, 

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

affected by the proposal. The June 11, 2008, order also noted that the earlier order stated it 

would mail copies of subsequent opinions and orders only to those who specifically indicated 

that they wished to remain on the Notice List. The order stated that the Board had received this 

indication from approximately 40 entities. The order also indicated that, after the Board mailed 

the earlier hearing officer order to each of the approximately 600 entities listed by the Agency, 

the United States Postal Service (USPS) had returned approximately 70 of them to the Board as 

undeliverable. The order included as Attachment A the names and addresses of those entities 

from which the February 13, 2008 hearing officer order had been returned to the Board by the 

USPS.

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

2008, the Agency filed its third errata sheet. On July 25, 2008, the Illinois Environmental 

Regulatory Group (IERG) filed its response to the Agency’s post-hearing comments (PC 4).

On July 29, 2008, the hearing officer received through electronic mail a number of 

questions and statements regarding the Agency’s proposal from Mr. Jim Kantola, Regulatory 

Affairs Manager, Product Safety and Compliance, for AkzoNobel Decorative Paints US. That 

communication has been filed with the Board’s Clerk as a public comment in this proceeding 

(PC 5).
4

On October 8, 2008, the Board received a third comment filed by Mr. Darling and Ms. 

Kean on behalf of NPCA (PC 6). NPCA’s comment addressed a single issue, requesting that the 

proposal’s “implementation date be extended to at least July 1, 2009 to allow IL [Illinois] 

adequate time to finalize and adopt the amendments to the AIM rule, and more importantly, 

provide adequate time for industry to make necessary changes in order to comply with the 

amendments.” PC 6 at 1.

On October 16, 2008, the Board issued its first notice opinion and order. See 32 Ill. Reg. 

17301-82 (Nov. 7, 2008). As noted above, the Board largely adopted the Agency’s proposal, 

including changes contained in the three errata sheets submitted by the Agency. The Board also 

substantively amended the Agency’s proposal, as described in the Board’s opinion. In its 

opinion and order, the Board acknowledged receiving on October 8, 2008, NPCA’s third 

comment addressing the implementation date of the proposed rule. See PC 6. Although the 

Board noted that the deadline for filing post-hearing comments had passed on July 11, 2008, the 

Board invited participants during the 45-day comment period to address the issue raised by 

NPCA.

During the first-notice comment period, the Board received comments from the 

following:

Mr. Dave Carey, CHMM, Vice-President Plan Operation, on behalf of W.R. 

Meadows, Inc. (Meadows) on November 14, 2008 (PC 7);

Mr. Jack Wickham, Director, on behalf of Ace Hardware Corporation (Ace

Hardware) on November 17, 2008 (PC 8);

Mr. Michael Murphy, Corporate Counsel, on behalf of Rust-Oleum Corporation 

(Rust-Oleum) on November 20, 2008 (PC 9);

Mr. W. Kip Cleverley, CHMM, Director, Environment, Health & Safety, Product 

Stewardship & Facilities, on behalf of Benjamin Moore Paints (Benjamin Moore) 

on November 24, 2008 (PC 10);

Mr. Robert J. Lueders, President, on behalf of Sunnyside Corporation (Sunnyside) 

on November 24, 2008 (PC 11);

Mr. Jim Boyce, Director of Technical Services, on behalf of Insl-x Products 

Corporation (Insl-x) on November 24, 2008 (PC 12);

Mr. John C. Day, Vice President Environmental Health & Safety, on behalf of the 

Henry Company on November 26, 2008 (PC 13);

Ms. Madelyn K. Hardin, Corporate Manager Regulatory Affairs, on behalf of the 

Sherwin-Williams Company (Sherwin-Williams) on December 1, 2008 (PC 14);
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Mr. Robert S. Gross, Manager, Environmental Stewardship Architectural 

Finishes, on behalf of PPG Architectural Finishes, Inc. (PPG) on December 1, 

2008 (PC 15);

Mr. David DeLarso, Senior Sales Representative – Northeast Market, on behalf of 

Sika Corporation, formerly Valspar Flooring, (Sika) on December 1, 2008 (PC 

16);

Mr. Jeff Trench, Sports Flooring Manager, on behalf of Sika on December 1, 

2008 (PC 17);

Mr. Davdi Orser, Senior Chemist, on behalf of Sika on December 1, 2008 (PC 

18);

Ms. Lisa Beth Szczupaj, Director of Business Development, on behalf of Sika on 

December 2, 2008 (PC 19);

Ms. Marcella Nichols, CHMM, Regulatory Compliance Manager, on behalf of 

True Value Manufacturing Company (True Value) on December 9, 2008 (PC 20);

Mr. Timothy Filas, Senior Production Planner, on behalf of Sika on December 

10,2008 (PC 21);

Ms. Lisa Beth Szczupaj, Director of Business Development, on behalf of Sika on 

December 15, 2008 (PC 22);

Mr. Charles E. Matoesian, Assistant Counsel, on behalf of the Agency (PC 23);

Ms. Lisa Frede, Director of Regulatory Affairs, on behalf of the Chemical 

Industry Council of Illinois (CICI) on December 22, 2008 (PC 24); and

Senator Pamela J. Althoff of the 32nd District of the Illinois State Senate on 

January 9, 209 (PC 25).

On March 19, 2009, the Board issued its second-notice opinion and order. As noted 

above, the Board extended the implementation date of the proposed regulations to July 1, 2009, 

but did not otherwise substantively change the rules proposed in the Board’s first-notice opinion 

and order.

At its meeting on April 21, 2009, JCAR considered the Board’s second-notice proposal 

and issued its “Certificate of No Objection to Proposed Rulemaking.” JCAR proposed three 

second notice changes, each of which the Board considers to be non-substantive in nature.
6

SUMMARY OF RULE

In its first notice opinion and order, the Board noted that the Agency based its proposal 

on OTC rules for consumer products and AIM coatings, which are themselves based on 

California provisions. The Board also noted that OTC had amended its 2001 model rule for 

consumer products with a 2006 version. The 2006 version includes VOM content standards for a 

number of product categories in addition to those regulated by the 2001 version. The 2006 

version also changed the scope of an exemption, potentially subjecting additional products to 

regulation. See In the Matter of: Proposed New 35 Ill. Adm. Code Part 223 Standards and 

Limitations for Organic Material Emissions for Area Sources, R08-17, slip op. at 45-46 (Oct. 16, 

2008).

The Board noted that the Agency had not performed an independent analysis of the VOM 

emission reductions expected from adoption of its proposed consumer products rule. The Board 

also noted the Agency’s acknowledgement that it had relied on data compiled by the New Jersey

Department of Environmental Protection, which did not include all of the product categories 

added by the 2006 version of the model rule. The Board also concluded that the record did not 

plainly demonstrate the effect on costs or emission reductions that would result from changing an 

exemption in the 2006 version. See In the Matter of: Proposed New 35 Ill. Adm. Code Part 223 

Standards and Limitations for Organic Material Emissions for Area Sources, R08-17, slip op. at 

46 (Oct. 16, 2008).

In its first-notice opinion and order, the Board omitted product categories and subcategories for which the 2006 version of the OTC model rule added VOM content standards. 

The Board also did not amend the single exemption modified by the subsequent version. The 

Board specifically invited “the Agency and any other participant to submit first-notice comments 

on the technical feasibility and economic reasonableness of including these product categories 

and that exemption at second notice.” In the Matter of: Proposed New 35 Ill. Adm. Code Part 

223 Standards and Limitations for Organic Material Emissions for Area Sources, R08-17, slip 

op. at 46 (Oct. 16, 2008). In all other respects, the Board found the Agency’s proposal 

technically feasible and economically reasonable and adopted the proposal, amended by the 

Agency’s three errata sheets and as described above. Id.

Also in its first-notice opinion and order, the Board noted a public comment filed by 

NPCA on October 8, 2008. That comment requested that the Board extend the implementation 

date of the proposed regulations to July 1, 2009. PC 6 at 1. NPCA argued that “[i]t is 

impossible for manufacturers to make these necessary changes and properly communicate the 

details of the IL AIM rule without having a final adopted rule in hand, particularly, as additional 

changes may occur between first notice and final adoption.” Id. Although the Board noted that 

the deadline for filing post-hearing comments has passed, the Board invited participants to 

comment on the proposed extension. In the Matter of: Proposed New 35 Ill. Adm. Code Part 

223 Standards and Limitations for Organic Material Emissions for Area Sources, R08-17, slip 

op. at 4 (Oct. 16, 2008).

During the first-notice comment period, the Board received 18 public comments 

addressing the issue of extending the implementation date. E.g., PC 7. Although the Agency 
7

filed a comment during this period, it did not address the requested extension. See PC 23. In its 

second-notice opinion and order on March 19, 2009, the Board extended the implementation date 

to July 1, 2009, but did not otherwise substantively change the rules proposed in the Board’s 

first-notice opinion and order. The second-notice opinion includes a section-by-section summary 

of the proposed rule. In the Matter of: Proposed New 35 Ill. Adm. Code Part 223 Standards and 

Limitations for Organic Material Emissions for Area Sources, R08-17, slip op. at 12-38 (Oct. 16, 

2008).

SUMMARY OF TECHNICAL FEASIBILITY AND ECONOMIC REASONABLENESS

Although the Board requested that DCEO conduct an economic impact study on this 

rulemaking proposal (see 415 ILCS 5/27(b)(1) (2006)), the Board to date has received no 

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

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

In its first-notice opinion and order, the Board addressed the technical feasibility and 

economic reasonableness of the Agency’s proposal by considering a number of issues: the 

federal regulatory background, the sources of the Agency’s original proposal, potentially 

affected sources, technical feasibility, projected reductions in VOM emissions, and the costeffectiveness of the proposed controls. Proposed New 35 Ill. Adm. Code Part 223 Standards and 

Limitations for Organic Material Emissions for Area Sources, R08-17, slip op. at 32-46 (Oct. 16, 

2008).

Since adopting its first-notice opinion and order, the only substantive change adopted by 

the Board is a six-month extension of the implementation date addressed in a number of firstnotice comments. Thus, as it did in its first-notice opinion and order, the Board finds the 

proposed regulations technically feasible and economically reasonable.

CONCLUSION

The Board finds that the record supports proceeding to final notice with the Agency’s 

proposal, as it has been amended by errata sheets and by the Board. The Board finds that the 

record establishes that the rule is both technically feasible and economically reasonable. 

Therefore, the Board proceeds to final adoption of the rule.

ORDER

The Board adopts the proposed amendments to its air pollution regulations set forth 

below for final notice and directs the Clerk to cause the rules to be filed with the Secretary of 

State for publication in the Illinois Register.
8

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 

ContactAdhesives

223.270 Reporting Requirements

223.275 Special Recordkeeping Requirements for Consumer Products that Contain 

Perchloroethylene or Methylene Chloride 

223.280 Calculating Illinois Sales 

223.285 Test Methods

SUBPART C: ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS
9

Section

223.300 Purpose

223.305 Applicability

223.307 Definitions for Subpart C

223.310 Standards

223.320 Container Labeling Requirements

223.330 Reporting Requirements

223.340 Compliance Provisions and Test Methods

223.350 Alternative Test Methods

223.360 Methacrylate Traffic Coating Markings

223.370 Test Methods

AUTHORITY: Implementing Section 10 and authorized by Sections 27 and 28 of the 

Environmental Protection Act [415 ILCS 5/10, 27 and 28].

SOURCE: Adopted in R08-17 at 33 Ill. Reg. ___, effective __________

SUBPART A: GENERAL PROVISIONS

Section 223.100 Severability

If any Section, subsection, or clause of this Part is found invalid, such finding shall not

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

Section 223.105 Abbreviations and Acronyms

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

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

acronyms are used in this Part:

ACP Alternative Control Plan

Act Environmental Protection Act [415 ILCS 5]

Agency Illinois Environmental Protection Agency

ASTM American Society for Testing and Materials

BAAQMD Bay Area Air Quality Management District

CARB California Air Resources Board o

C Degrees Celsius

CFCs Chlorofluorocarbons 

CO2 Carbon Dioxide o

F Degrees Fahrenheit

FDA United States Food and Drug Administration

FIFRA Federal Insecticide, Fungicide, and Rodenticide Act, (7 USC 136 through 

136y)

FRP Fiberglass reinforced plastic

HVOM High Volatility Organic Material

HCFCs Hydrochlorofluorocarbons
10

HFCs Hydrofluorocarbons

LVP-VOM Low Vapor Pressure-Volatile Organic Material

MVOM Medium Volatility Organic Material

N2 Nitrogen

N2O Nitrous Oxide

OER Original Equipment Manufacturer

PCBTF Parachlorobenzotrifluoride 

ROC Reactive Organic Compound

ROG Reactive Organic Gas

SCAQMD South Coast Air Quality Management District

USEPA United States Environmental Protection Agency

VOM Volatile Organic Material

Section 223.120 Incorporations by Reference

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

later amendments or editions. 

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

Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings, 64 

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

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

for Consumer Products, 69 Fed. Reg. 18803 (April 4, 2004).

c) 40 CFR 60, appendix A, Method 24, Determination of Volatile Matter Content, 

Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings, 

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

d) 40 CFR 82, subpart A, appendix A, Class I controlled Substances, 68 Fed. Reg. 

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

Reg. 2859 (January 21, 2003).

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 
11

Formation of Organic Coatings at Room Temperature, approved 

December 1, 2003.

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

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

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

in Light-Water Nuclear Power Plants, approved 2002.

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

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

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

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

Products, approved October 1, 2003.

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

of Building Materials, approved 2007.

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

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

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

Chromatography, reapproved 2006.

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

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

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

Wearing Course, approved 2006.

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

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 
12

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

4) SCAQMD Rule 1174, Ignition Method Compliance Certification Protocol 

(adopted October 5, 1990).

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

CA 94109.

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

Determination of Volatile Methylsiloxanes in Solvent-Based Coatings, 

Inks, and Related Materials, proposed amendment February 4, 2004. 

2) BAAQMD Method 41, Determination of Volatile Organic Compounds in 

Solvent-Based Coatings and Related Materials Containing 

Parachlorobenzotrifluoride, proposed amendment February 4, 2004.

i) California Air Resources Board (CARB) Method 310, Determination of Volatile 

Organic Compounds in Consumer Products and Reactive Organic Compounds in 

Aerosol Coating Products, amended May 5, 2005. California Air Resources 

Board, 1001 I Street, PO Box 2815, Sacramento, CA 95812.

j) California Code of Regulations (CCR) title 17 § 94509(h), Standards for 

Consumer Products (2005).

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

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

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

n) 17 CCR § 94503.5, Innovative Products (1996).

o) 7 USC 136 to 136y, FIFRA, Environmental Pesticide Control, published January

19, 2004, in Supplement III of the 2000 Edition of the United States Code.

p) Federal Specification MMM-A-181D, Adhesives, Phenol, Resorcinol, or 

Melamine Base (1980).

SUBPART B: CONSUMER AND COMMERCIAL PRODUCTS

Section 223.200 Purpose

The purpose of this Subpart is to limit emissions of volatile organic materials (VOMs) by 

requiring reductions in the VOM content of consumer and commercial products. 

Section 223.201 Applicability
13

Except as provided in Section 223.230, this Subpart shall apply to any person who sells, 

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

Illinois.

Section 223.203 Definitions for Subpart B

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

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

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

“Adhesive” means any product that is used to bond one surface to another by attachment. 

This does not include products used on humans and animals, adhesive tape, contact 

paper, wallpaper, shelf liners, or any other product with an adhesive incorporated onto or 

in an inert substrate. For “Contact Adhesive”, adhesive does not include units of product, 

less packaging, that consist of more than one gallon. For “Construction, Panel, and Floor 

Covering Adhesive”, and “General Purpose Adhesive”, “Adhesive” does not include 

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

than 16 fluid ounces. This limitation does not apply to aerosol adhesives.

“Adhesive Remover” means a product designed to remove adhesive from either a specific 

substrate or a variety of substrates. “Adhesive Remover” does not include products that 

remove adhesives intended exclusively for use on humans or animals.

For the purpose of this definition and the “Adhesive Remover” subcategories 

listed in this definition, the term “Adhesive" shall mean a substance used to bond 

one or more materials. Adhesive includes, but is not limited to, caulks, sealants, 

glues, or similar substances used for the purpose of forming a bond.

“Floor and Wall Covering Adhesive Remover” means a product designed or 

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

underlying substrate.

“Gasket or Thread Locking Adhesive Remover” means a product designed or 

labeled to remove gaskets or thread locking adhesives. Products labeled for dual 

use as a paint stripper and gasket remover and/or thread locking adhesive remover 

are considered “Gasket or Thread Locking Adhesive Remover”.

“General Purpose Adhesive Remover” means a product designed or labeled to 

remove cyanoacrylate adhesives as well as non-reactive adhesives or residue from 

a variety of substrates. “General Purpose Adhesive Remover” includes, but is not 

limited to, the following: products 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”.
14

“Specialty Adhesive Remover” means a product designed to remove reactive 

adhesives from a variety of substrates. Reactive adhesives include adhesives that 

require a hardener or catalyst in order for the bond to occur. Examples of reactive 

adhesives include, but are not limited to epoxies, urethanes, and silicones. 

“Specialty Adhesive Remover” does not include “Gasket or Thread Locking 

Adhesive Remover”.

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

permanently housed in a nonrefillable can designed for hand-held application without the 

need for ancillary hoses or spray equipment. This does not include “special purpose 

spray adhesives”, “mist spray adhesives” and “web spray adhesives.” 

“Aerosol Cooking Spray” means any aerosol product designed either to reduce sticking 

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

“Aerosol Product” means a pressurized spray system that dispenses product ingredients 

by means of a propellant contained in a product or a product's container, or by means of a

mechanically induced force. “Aerosol Product” does not include “Pump Spray”.

“Agricultural Use” means the use of any pesticide or method or device for the control of 

pests in connection with the commercial production, storage, or processing of any animal 

or plant crop. This does not include the sale or use of pesticides in properly labeled 

packages or containers that are intended for home use, use in structural pest control, or 

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

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

“Structural Pest Control” means a use requiring a license under the Structural Pest 

Control Act [225 ILCS 235];

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

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

“Institutional Use” means use within the lines of, or on property necessary for the 

operation of, buildings such as hospitals, schools, libraries, auditoriums, and 

office complexes.

“Air Freshener” means any consumer product including, but not limited to, sprays, wicks, 

powders, and crystals, designed for the purpose of masking odors, or freshening, 

cleaning, scenting, or deodorizing the air. “Air Freshener” does not include products that 

are used on the human body, products that function primarily as cleaning products as 

indicated on a product label, “Toilet/Urinal Care Products”, disinfectant products 

claiming to deodorize by killing germs on surfaces, or institutional and industrial 

disinfectants when offered for sale solely through institutional and industrial channels of 

distribution. “Air Freshener” does include spray disinfectants and other products that are 
15

expressly represented for use as air fresheners, except institutional and industrial 

disinfectants when offered for sale through institutional and industrial channels of 

distribution. To determine whether a product is an air freshener, all verbal and visual 

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

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

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

not constitute a claim of air freshening. 

“All Other Carbon-containing Compounds” means all other compounds that contain at 

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

“All Other Forms” means all consumer product forms for that no form-specific VOM 

standard is specified. Unless specified otherwise by the applicable VOM standard, “All 

Other Forms” include, but is not limited to, solids, liquids, wicks, powders, crystals, and 

cloth or paper wipes (towelettes).

“Alternative Control Plan” or “ACP” means any emissions averaging program approved 

by the Agency pursuant to the provisions of this Subpart.

“Antimicrobial Hand or Body Cleaner or Soap” means a cleaner or soap which is 

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

This includes, but is not limited to, antimicrobial hand or body washes/cleaners, 

foodhandler hand washes, healthcare personnel hand washes, pre-operative skin 

preparations and surgical scrubs. “Antimicrobial Hand or Body Cleaner or Soap” does 

not include prescription drug products, antiperspirants, “Astringent/Toner”, deodorant, 

“Facial Cleaner or Soap”, “General-use Hand or Body Cleaner or Soap”, “Hand 

Dishwashing Detergent” (including antimicrobial), “Heavy-duty Hand Cleaner or Soap”, 

“Medicated Astringent/Medicated Toner”, or “Rubbing Alcohol”.

“Antiperspirant” means any product, including, but not limited to, aerosols, roll-ons, 

sticks, pumps, pads, creams, and squeeze-bottles, that is intended by the manufacturer to 

be used to reduce perspiration in the human axilla by at least 20 percent in at least 50 

percent of a target population.

“Anti-Static Product” means a product that is labeled to eliminate, prevent, or inhibit the 

accumulation of static electricity. “Anti-Static Product” does not include “Electronic 

Cleaner”, “Floor Polish or Wax”, “Floor Coating”, and products that meet the definition 

of “Aerosol Coating Product” or “Architectural Coating”.

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

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

kitchen fixtures, cabinets, concrete forms, doors, elevators, fences, hand railings, heating 

equipment, air conditioning equipment, and other fixed mechanical equipment or 

stationary tools, lampposts, partitions, pipes and piping systems, rain gutters and 

downspouts, stairways, fixed ladders, catwalks and fire escapes, and window screens.
16

“Architectural Coating” means a coating to be applied to stationary structures or the 

appurtenances at the site of installation, to portable buildings at the site of installation, to 

pavements, or to curbs. Coatings applied in shop applications or to non-stationary 

structures such as airplanes, ships, boats, railcars, and automobiles, and adhesives are not

considered “Architectural Coatings” for the purposes of this Subpart.

“Astringent/Toner” means any product not regulated as a drug by the United States Food 

and Drug Administration (FDA) that is applied to the skin for the purpose of cleaning or 

tightening pores. This category also includes clarifiers and substrate-impregnated 

products. This category does not include any hand, face, or body cleaner or soap product, 

“Medicated Astringent/Medicated Toner”, cold cream, lotion, or antiperspirant.

“Automotive Brake Cleaner” means a cleaning product designed to remove oil, grease, 

brake fluid, brake pad material or dirt from motor vehicle brake mechanisms.

“Automotive Hard Paste Wax” means an automotive wax or polish that is designed to 

protect and improve the appearance of automotive paint surfaces, and is a solid at room 

temperature, and contains 0% water by formulation.

“Automotive Instant Detailer” means a product designed for use in a pump spray that is 

applied to the painted surface of automobiles and wiped off prior to the product being 

allowed to dry.

“Automotive Rubbing or Polishing Compound” means a product designed primarily to 

remove oxidation, old paint, scratches or swirl marks, and other defects from the painted 

surfaces of motor vehicles without leaving a protective barrier.

“Automotive Wax, Polish, Sealant, or Glaze” means a product designed to seal out 

moisture, increase gloss, or otherwise enhance a motor vehicle’s painted surfaces. This 

includes, but is not limited to, products designed for use in autobody repair shops and 

drive-through car washes, as well as products designed for the general public. The term 

does not include “Automotive Rubbing or Polishing Compounds”, automotive wash and 

wax products, surfactant-containing car wash products, and products designed for use on 

unpainted surfaces such as bare metal, chrome, glass, or plastic.

“Automotive Windshield Washer Fluid” means any liquid designed for use in a motor 

vehicle windshield washer system either as an antifreeze or for the purpose of cleaning, 

washing, or wetting the windshield. This does not include fluids placed by the 

manufacturer in a new vehicle.

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

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

toilet tanks or urinals.

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

following from painted motor vehicle surfaces without causing damage to the finish: 
17

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

roadway paint markings, and asphalt.

“Carburetor or Fuel-Injection Air Intake Cleaners” means a product designed to remove 

fuel deposits, dirt, or other contaminants from a carburetor, choke, throttle body of a fuelinjection system, or associated linkages, excluding products designed exclusively to be 

introduced directly into the fuel lines or fuel storage tank prior to introduction into the 

carburetor or fuel injectors.

“Carpet and Upholstery Cleaner” means a cleaning product designed for the purpose of 

eliminating dirt and stains on rugs, carpeting, and the interior of motor vehicles and/or on 

household furniture or objects upholstered or covered with fabrics such as wool, cotton,

nylon or other synthetic fabrics. This includes, but is not limited to, products that make 

fabric protectant claims. The term does not include “General Purpose Cleaners”, “Spot 

Removers”, vinyl or leather cleaners, dry cleaning fluids, or products designed 

exclusively for use at industrial facilities engaged in furniture or carpet manufacturing.

“Charcoal Lighter Material” means any combustible material designed to be applied on, 

incorporated in, added to, or used with charcoal to enhance ignition. The term does not 

include any of the following: electrical starters and probes, metallic cylinders using paper 

tinder, natural gas, propane, and fat wood.

“Colorant” means any pigment or coloring material used in a consumer product for an 

aesthetic effect or to dramatize an ingredient.

“Construction, Panel, and Floor Covering Adhesive” means any one-component adhesive 

that is designed exclusively for the installation, remodeling, maintenance, or repair of 

structural and building components that include, but are not limited to, beams, trusses, 

studs, paneling (including, but not limited to, drywall or drywall laminates, fiberglass 

reinforced plastic (FRP), plywood, particle board, insulation board, pre-decorated 

hardboard or tileboard), ceiling and acoustical tile, molding, fixtures, countertops or 

countertop laminates, cove or wall bases, flooring or subflooring, or floor or wall 

coverings (including, but not limited to, wood or simulated wood covering, carpet, carpet 

pad or cushion, vinyl-backed carpet, flexible flooring material, nonresilient flooring 

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

include “Floor Seam Sealer”.

“Consumer” means any person who purchases or acquires any consumer product for 

personal, family, household, or institutional use. Persons acquiring a consumer product 

for resale are not “consumers” for that product.

“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 
18

architectural coatings. As used in this Subpart, “Consumer Product” shall also refer to 

“Aerosol Adhesive”, including “Aerosol Adhesive” used for consumer, industrial or 

commercial uses.

“Contact Adhesive” means an adhesive that is designed for application to both surfaces to 

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

with each other, and forms an immediate bond that is impossible, or difficult, to 

reposition after both adhesive-coated surfaces are placed in contact with each other, and 

does not need sustained pressure or clamping of surfaces after the adhesive-coated 

surfaces have been brought together using sufficient momentary pressure to establish full 

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

primarily intended for use on paper substrates. “Contact Adhesive” also does not include 

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

“Contact Adhesive - General Purpose” means any contact adhesive that is not a “Contact 

Adhesive - Special Purpose".

“Contact Adhesive - Special Purpose” means a contact adhesive that is used to bond 

melamine-covered board, unprimed metal, unsupported vinyl, Teflon, ultra-high 

molecular weight polyethylene, rubber, or high pressure laminate or wood veneer 1/16 

inch or less in thickness to any porous or nonporous surface, and is sold in units of 

product, less packaging, that contain more than eight fluid ounces, or is used in 

automotive applications that are either automotive under the hood applications requiring 

heat, oil or gasoline resistance or body-side molding, automotive weatherstrip or 

decorative trim.

“Container/Packaging” means the part or parts of the consumer or institutional product 

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

chemically formulated substance or mixture of substances that is solely responsible for 

accomplishing the purposes for which the product was designed or intended. This 

includes any article onto or into which the principal display panel and other 

accompanying literature or graphics are incorporated, etched, printed or attached.

“Crawling Bug Insecticide” means any insecticide product that is designed for use against

ants, cockroaches, or other household crawling arthropods, including, but not limited to, 

mites, silverfish or spiders, excluding products designed to be used exclusively on 

humans or animals, or any house dust mite product. For the purposes of this definition 

only:

“House dust mite product” means a product whose label, packaging, or 

accompanying literature states that the product is suitable for use against house 

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

cockroaches, or other household crawling arthropods.

“House dust mite” means mites that feed primarily on skin cells shed in the home 

by humans and pets and which belong to the phylum Arthropoda, the subphylum 
19

Chelicerata, the class Arachnida, the subclass Acari, the order Astigmata, and the 

family Pyroglyphidae.

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

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

“Deodorant” means:

For products manufactured before July 1, 2009: any product including, but not 

limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles that 

is intended by the manufacturer to be used to minimize odor in the human axilla 

by retarding the growth of bacteria that cause the decomposition of perspiration.

For products manufactured on or after July 1, 2009: any product including, but 

not limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles 

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

affixed to the container or packaging, that the product can be used on or applied to 

the human axilla to provide a scent and/or minimize odor. A “Deodorant Body 

Spray” product that indicates or depicts on the container or packaging, or on any 

sticker or label affixed to the container or packaging 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 July 1, 2009: a “Personal Fragrance Product” 

with 20 percent or less fragrance.

For products manufactured on or after July 1, 2009: a “Personal Fragrance 

Product” with 20 percent or less fragrance that is designed for application all over 

the human body to provide a scent. A “Deodorant Body Spray” product that 

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

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

human axilla, is a “Deodorant” 

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

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

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

or in living man or other living animals), but not including equipment used for the 

application of pesticides when sold separately from the device.

“Disinfectant” means any product intended to destroy or irreversibly inactivate infectious 

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

objects and whose label is registered under the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA, 7 USC 136 et seq.). “Disinfectant” does not include any of the 

following products designed solely for use on humans or animals, products designed for 

agricultural use, products designed solely for use in swimming pools, therapeutic tubs, or 
20

hot tubs, products that, as indicated on the principal display panel or label, are designed 

primarily for use as bathroom and tile cleaners, glass cleaners, general purpose cleaners, 

toilet bowl cleaners, or metal polishes.

“Double Phase Aerosol Air Freshener” means an aerosol air freshener with the liquid 

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

before use to mix the phases, producing an emulsion.

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

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

drapery or “S-coded” fabrics. This includes, but is not limited to, those products used by 

commercial dry cleaners and commercial businesses that clean fabrics such as draperies 

at the customer’s residence or work place. The term does not include “Spot Remover” or

“Carpet and Upholstery Cleaner”. For the purposes of this definition, “S-coded fabric” 

means an upholstery fabric designed to be cleaned only with water-free spot cleaning 

products as specified by the Joint Industry Fabric Standards Committee. 

“Dusting Aid” means a product designed to assist in removing dust and other soils from 

floors and other surfaces without leaving a wax or silicone based coating. The term does 

not include “Pressurized Gas Duster”.

“Electrical Cleaner” means a product labeled to remove heavy soils such as grease, 

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

armatures, relays, electric panels, or generators. The term does not include “General 

Purpose Cleaner”, “General Purpose Degreaser”, “Dusting Aid”, “Electronic Cleaner”, 

“Energized Electrical Cleaner”, “Pressurized Gas Duster”, “Engine Degreaser”, “AntiStatic Product”, or products designed to clean the casings or housings of electrical 

equipment.

“Electronic Cleaner” means a product labeled for the removal of dirt, moisture, dust, flux 

or oxides from the internal components of electronic or precision equipment such as 

circuit boards, and the internal components of electronic devices, including, but not 

limited to, radios, compact disc (CD) players, digital video disc (DVD) players, and 

computers. “Electronic Cleaner” does not include “General Purpose Cleaner”, “General 

Purpose Degreaser”, “Dusting Aid”, “Pressurized Gas Duster”, “Engine Degreaser”, 

“Electrical Cleaner”, “Energized Electrical Cleaner”, “Anti-Static Product”, or products 

designed to clean the casings or housings of electronic equipment.

“Energized Electrical Cleaner” means a product that meets both of the following criteria:

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

cleaning and/or degreasing is accomplished when electrical current exists, or 

when there is a residual electrical potential from a component, such as a capacitor.

The product label clearly displays the statements: “Energized equipment use only. 

Not to be used for motorized vehicle maintenance, or their parts.”
21

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 July 1, 2009, or any 

subsequently introduced identical formulation.

“Fabric Protectant” means a product designed to be applied to fabric substrates to protect 

the surface from soiling from dirt and other impurities or to reduce absorption of liquid 

into the fabric's fibers. The term does not include waterproofers, products designed for 

use solely on leather, or products designed for use solely on fabrics labeled “dry clean 

only” and sold in containers of 10 fluid ounces or less.

“Fabric Refresher” means a product labeled to neutralize or eliminate odors on nonlaundered fabric including, but not limited to, soft household surfaces, rugs, carpeting, 

draperies, bedding, automotive interiors, footwear, athletic equipment, or clothing or on 

household furniture or objects upholstered or covered with fabrics such as, but not limited 

to, wool, cotton, or nylon. “Fabric Refresher” does not include “Anti-static Product”, 

“Carpet and Upholstery Cleaner”, “Soft Household Surface Sanitizers”, “Footwear or 

Leather Care Product”, “Spot Remover”, or “Disinfectant”, or products labeled for 

application to both fabric and human skin. 

For the purposes of this definition only, “Soft Household Surface Sanitizer” 

means a product labeled to neutralize or eliminate odors on the listed surfaces 

above whose label is registered as a sanitizer under the Federal Insecticide, 

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

“Facial Cleaner or Soap” means a cleaner or soap designed primarily to clean the face 

including, but not limited to, facial cleansing creams, semisolids, liquids, lotions, and 

substrate-impregnated forms. The term does not include prescription drug products, 

“Antimicrobial Hand or Body Cleaner or Soap”, “Astringent/Toner”, “General-use Hand 

or Body Cleaner or Soap”, “Medicated Astringent/Medicated Toner”, or “Rubbing 

Alcohol.”

“Fat Wood” means pieces of wood kindling with high naturally-occurring levels of sap or 

resin that enhance ignition of the kindling, excluding any kindling with substances added 

to enhance flammability, such as wax-covered or wax-impregnated wood-based products.

“Faux Finishing Coating” means a coating labeled and formulated as a stain or a glaze to 

create artistic effects including, but not limited to, dirt, old age, smoke damage, and 

simulated marble and wood grain.

“Flea and Tick Insecticide” means any insecticide product that is designed for use against 
22

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

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

“Flexible Flooring Material” means asphalt, cork, linoleum, no-wax, rubber, seamless 

vinyl and vinyl composite flooring.

“Floor Coating” means an opaque coating that is labeled and formulated for application 

to flooring, including, but not limited to, decks, porches, steps, and other horizontal 

surfaces that may be subjected to foot traffic.

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

protect, or enhance floor surfaces by leaving a protective coating that is designed to be 

periodically replenished. The term does not include “Spray Buff Products”, products 

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

designed for unfinished wood floors, and coatings subject to architectural coatings 

regulations.

“Floor Seam Sealer” means any product designed and labeled exclusively for bonding, 

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

flooring.

“Floor Wax Stripper” means a product designed to remove natural or synthetic floor 

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

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

products designed to remove floor wax solely through abrasion.

“Flying Bug Insecticide” means any insecticide product that is designed for use against 

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

moths, or gnats. The term does not include “Wasp and Hornet Insecticide”, products that

are designed to be used exclusively on humans or animals, or any moth-proofing product. 

For purposes of this definition only, “Moth-Proofing Product” means a product 

whose label, packaging, or accompanying literature indicates that the product is 

designed to protect fabrics from damage by moths, but does not indicate that the 

product is suitable for use against flying insects or other flying arthropods.

“Footwear or Leather Care Product” means any product designed or labeled to be applied 

to footwear or to other leather articles/components to maintain, enhance, clean, protect, or 

modify the appearance, durability, fit, or flexibility of the footwear or leather 

article/component. Footwear includes both leather and non-leather foot apparel. 

“Footwear or Leather Care Product” does not include “Fabric Protectant”, “General 

Purpose Adhesive”, “Contact Adhesive”, “Vinyl/Fabric/Leather/Polycarbonate Coating”, 

“Rubber and Vinyl Protectant”, “Fabric Refresher”, products solely for deodorizing, or 

sealant products with adhesive properties used to create external protective layers greater 

than two millimeters thick.
23

“Fragrance” means a substance or complex mixture of aroma chemicals, natural essential 

oils, and other functional components with a combined vapor pressure not in excess of 

two mm of Hg at 20o

C, the sole purpose of which is to impart an odor or scent, or to 

counteract a malodor.

“Furniture Maintenance Product” means a wax, polish, conditioner, or any other product 

designed for the purpose of polishing, protecting or enhancing finished wood surfaces 

other than floors. The term does not include “Dusting Aids”, “Wood Cleaners”, products 

designed solely for the purpose of cleaning, and products designed to leave a permanent 

finish such as stains, sanding sealers and lacquers.

“Furniture Coating” means any paint designed for application to room furnishings 

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

sofas.

“Gel” means a colloid in which the disperse phase has combined with the continuous 

phase to produce a semisolid material, such as jelly.

“General Purpose Adhesive” means any non-aerosol adhesive designed for use on a 

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

and floor covering adhesives, adhesives designed exclusively for application on one 

specific category of substrates (i.e., substrates that are composed of similar materials, 

such as different types of metals, paper products, ceramics, plastics, rubbers, or vinyls), 

or adhesives designed exclusively for use on one specific category of articles (i.e., articles 

that may be composed of different materials but perform a specific function, such as 

gaskets, automotive trim, weather-stripping, or carpets).

“General Purpose Cleaner” means a product designed for general all-purpose cleaning, in 

contrast to cleaning products designed to clean specific substrates in certain situations. 

This includes products designed for general floor cleaning, kitchen or countertop 

cleaning, and cleaners designed to be used on a variety of hard surfaces, and does not 

include “General Purpose Degreasers” and “Electronic Cleaners”.

“General Purpose Degreaser” means any product labeled to remove or dissolve grease, 

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

automotive or miscellaneous metallic parts. This does not include “Engine Degreaser”,

“General Purpose Cleaner”, “Adhesive Remover”, “Electronic Cleaner”, “Electrical 

Cleaner”, “Energized Electrical Cleaner”, “Metal Polish/Cleanser”, products used 

exclusively in “Solvent Cleaning Tanks or Related Equipment”, or products that are sold 

exclusively to establishments that manufacture or construct goods or commodities, and 

labeled “not for retail sale”.

“Solvent Cleaning Tanks or Related Equipment” includes, but is not limited to, 

cold cleaners, vapor degreasers, conveyorized degreasers, film cleaning machines, 

or products designed to clean miscellaneous metallic parts by immersion in a 

container. 
24

“General-Use Hand or Body Cleaner or Soap” means a cleaner or soap designed to be 

used routinely on the skin to clean or remove typical or common dirt and soils, including, 

but not limited to, hand or body washes, dual-purpose shampoo-body cleaners, shower or 

bath gels, and moisturizing cleaners or soaps. The term does not include prescription 

drug products, “Antimicrobial Hand or Body Cleaner or Soap”, “Astringent/Toner”, 

“Facial Cleaner or Soap”, “Hand Dishwashing Detergent” (including antimicrobial),

“Heavy-duty Hand Cleaner or Soap”, “Medicated Astringent/Medicated Toner”, or 

“Rubbing Alcohol.”

“Glass Cleaner” means a cleaning product designed primarily for cleaning surfaces made 

of glass. The term does not include products designed solely for the purpose of cleaning 

optical materials used in eyeglasses, photographic equipment, scientific equipment and 

photocopying machines.

“Graffiti Remover” means a product labeled to remove spray paint, ink, marker, crayon, 

lipstick, nail polish, or shoe polish from a variety of non-cloth or nonfabric substrates. 

The term does not include “Paint Remover or Stripper”, “Nail Polish Remover”, or “Spot 

Remover”. Products labeled for dual use as both a paint stripper and graffiti remover are 

considered “Graffiti Removers.”

“Hair Mousse” means a hairstyling foam designed to facilitate styling of a coiffure and 

provide limited holding power.

“Hair Shine” means any product designed for the primary purpose of creating a shine 

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

primarily to impart a sheen to the hair. The term does not include “Hair Spray”, “Hair 

Mousse”, “Hair Styling Product”, "Hair Styling Gel”, or products whose primary purpose 

is to condition or hold the hair.

“Hair Spray” means:

For products manufactured before July 1, 2009: a consumer product designed 

primarily for the purpose of dispensing droplets of a resin on and into a hair 

coiffure that will impart sufficient rigidity to the coiffure to establish or retain the 

style for a period of time.

For products manufactured on or after July 1, 2009: a consumer product that is 

applied to styled hair and is designed or labeled to provide sufficient rigidity to 

hold, retain and/or finish the style of the hair for a period of time. This includes 

aerosol hair sprays, pump hair sprays, spray waxes; color, glitter, or sparkle 

hairsprays that make finishing claims; and products that are both a styling and 

finishing product. This does not include spray products that are intended to aid in 

styling but do not provide finishing of a hairstyle. For the purposes of this 

Subpart, “finish” or “finishing” means the maintaining and/or holding of 

previously styled hair for a period of time. For the purposes of this Subpart, 
25

“styling” means forming, sculpting, or manipulating the hair to temporarily alter 

the hair's shape.

“Hair Styling Gel” means a consumer product manufactured before July 1, 2009 that is a 

high viscosity, often gelatinous, product that contains a resin and is designed for 

application to hair to aid in styling and sculpting of the hair coiffure.

“Hair Styling Product” means a consumer product manufactured on or after July 1, 2009 

that is designed or labeled for application to wet, damp or dry hair to aid in defining, 

shaping, lifting, styling and/or sculpting of the hair. This includes, but is not limited to, 

hair balm, clay, cream, creme, curl straightener, gel, liquid, lotion, paste, pomade, putty, 

root lifter, serum, spray gel, stick, temporary hair straightener, wax, spray products that 

aid in styling but do not provide finishing of a hairstyle, and leave-in volumizers, 

detanglers and/or conditioners that make styling claims. This does not include “Hair 

Mousse”, “Hair Shine”, “Hair Spray”, or shampoos and/or conditioners that are rinsed 

from the hair prior to styling. For the purposes of this Subpart, “finish” or “finishing” 

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

the purposes of this Subpart, “styling” means forming, sculpting, or manipulating the hair 

to temporarily alter the hair's shape.

“Heavy-Duty Hand Cleaner or Soap” means a product designed to clean or remove 

difficult dirt and soils such as oil, grease, grime, tar, shellac, putty, printer’s ink, paint, 

graphite, cement, carbon, asphalt, or adhesives from the hand with or without the use of 

water. The term does not include prescription drug products, “Antimicrobial Hand or 

Body Cleaner or Soap”, “Astringent/Toner”, “Facial Cleaner or Soap”, “General-use 

Hand or Body Cleaner or Soap”, “Medicated Astringent/Medicated Toner” or “Rubbing 

Alcohol.”

“Herbicide” means a pesticide product designed to kill or retard a plant’s growth, but 

excludes products that are for agricultural use, or restricted materials that require a permit 

for use and possession.

“High Volatility Organic Material” or “HVOM” or “High Volatility Organic Compound” 

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.
26

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

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

“Insecticide” means a pesticide product that is designed for use against insects or other 

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

structural pest control license under the Structural Pest Control Act [225 ILCS 235], or 

restricted materials that require a permit for use and possession.

“Insecticide Fogger” means any insecticide product designed to release all or most of its 

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

“Institutional Product” or “Industrial and Institutional (I&I) Product” means a consumer 

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

manufactures, transports, or sells goods or commodities, or provides services for profit, 

or is engaged in the nonprofit promotion of a particular public, educational, or charitable 

cause. “Establishments” include, but are not limited to, government agencies, factories, 

schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile service and 

parts centers, health clubs, theaters, or transportation companies. This does not include 

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

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

“Label” means any written, printed, or graphic matter affixed to, applied to, attached to, 

blown into, formed into, molded into, embossed on, or appearing upon any consumer 

product or consumer product package, for purposes of branding, identifying, or giving 

information with respect to the product or to the contents of the package.

“Lacquer” means a clear or opaque wood coating, including clear lacquer sanding sealers, 

formulated with cellulosic or synthetic resins to dry by evaporation without chemical 

reaction and to provide a solid, protective film.

“Laundry Prewash” means a product that is designed for application to a fabric prior to 

laundering and that supplements and contributes to the effectiveness of laundry 

detergents and/or provides specialized performance.

“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.
27

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

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

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

Board. This does not include powders or other materials that are composed entirely of 

solid particles.

“Lubricant” means a product designed to reduce friction, heat, noise, or wear between 

moving parts, or to loosen rusted or immovable parts or mechanisms. This does not 

include automotive power steering fluids; products for use inside power generating 

motors, engines, and turbines, and their associated power-transfer gearboxes; two cycle 

oils or other products designed to be added to fuels; products for use on the human body 

or animals; or products that are sold exclusively to establishments that manufacture or 

construct goods or commodities, and labeled “not for retail sale.” 

“LVP Content” means the total weight, in pounds, of LVP compounds in an ACP product 

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

container and packaging), expressed to the nearest 0.1. 

“LVP-VOM” or “LVP-VOC” means a chemical material or mixture or compound that 

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

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

C, as determined by CARB 

Method 310, incorporated by reference in Section 223.120; or

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

chemical mixture comprised solely of material or a compound with more than 12 

carbon atoms as verified by formulation data, and the vapor pressure and boiling 

point are unknown; or

Is a chemical material or compound with a boiling point greater than 216oC, as 

determined by CARB Method 310, incorporated by reference in Section 223.120; 

or

Is the weight percent of a chemical mixture that boils above 216o C, as determined 

by CARB Method 310, incorporated by reference in Section 223.120.

For the purposes of the definition of LVP-VOM, chemical material or compound 

means a molecule of definite chemical formula and isomeric structure, and 

chemical mixture means a substrate comprised of two or more chemical materials 

or compounds.

“Medicated Astringent /Medicated Toner” means any product regulated as a drug by the 

FDA that is applied to the skin for the purpose of cleaning or tightening pores. This 

includes, but is not limited to, clarifiers and substrate-impregnated products. The term 

does not include hand, face, or body cleaner or soap products, “Astringent/Toner”, cold 

cream, lotion, antiperspirants, or products that must be purchased with a doctor’s 
28

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 20oC.

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

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

action. To “improve the appearance” means to remove or reduce stains, impurities, or 

oxidation from surfaces or to make surfaces smooth and shiny. This includes, but is not 

limited to, metal polishes used on brass, silver, chrome, copper, stainless steel and other 

ornamental metals. The term does not include “Automotive Wax, Polish, Sealant or 

Glaze”, wheel cleaner, “Paint Remover or Stripper”, products designed and labeled 

exclusively for automotive and marine detailing, or products designed for use in 

degreasing tanks.

“Mist Spray Adhesive” means any aerosol which is not a special purpose spray adhesive 

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

particles that yield a generally uniform and smooth application of adhesive to the 

substrate.

“Multi-Purpose Dry Lubricant” means any lubricant designed and labeled to provide 

lubricity by depositing a thin film of graphite, molybdenum disulfide (moly), or 

polytetrafluoroethylene or closely related fluoropolymer (Teflon) on surfaces, and 

designed for general purpose lubrication or for use in a wide variety of applications.

“Multi-Purpose Lubricant” means any lubricant designed for general purpose lubrication, 

or for use in a wide variety of applications. The term does not include “Multi-purpose 

Dry Lubricants”, “Penetrants”, or “Silicone-based Multi-purpose Lubricants.”

“Multi-Purpose Solvent” means any organic liquid designed to be used for a variety of 

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

dispersing or dissolving other organic materials. This includes solvents used in 

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

research, scientific or other laboratories. This does not include solvents used in cold 

cleaners, vapor degreasers, conveyorized degreasers or film cleaning machines, or 

solvents that are incorporated into, or used exclusively in the manufacture or construction 

of the goods or commodities at the site of the establishment.

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

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

and top coats.

“Nail Polish Remover” means a product designed to remove nail polish and coatings 

from fingernails or toenails.
29

“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”, paintbrush cleaners, 

products designed and labeled exclusively as “Graffiti Removers”, and hand cleaner 

products that claim to remove paints and other related coatings from skin.

“Penetrant” means a lubricant designed and labeled primarily to loosen metal parts that 

have bonded together due to rusting, oxidation, or other causes. The term does not 

include “Multi-purpose Lubricants” that claim to have penetrating qualities, but are not 

labeled primarily to loosen bonded parts.

“Personal Fragrance Product” means any product that is applied to the human body or 

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

cologne, perfume, aftershave, and toilet water. This does not include “Deodorant”,;

medicated products designed primarily to alleviate fungal or bacterial growth on feet or 

other areas of the body; mouthwashes and breath fresheners and deodorizers; lotions, 

moisturizers, powders or other skin care products used primarily to alleviate skin 

conditions such as dryness and irritations; products designed exclusively for use on 

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

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

“Pesticide” means and includes any substance or mixture of substances labeled, designed, 

or intended for use in preventing, destroying, repelling or mitigating any pest, or any 

substance or mixture of substances labeled, designed, or intended for use as a defoliant, 
30

desiccant, or plant regulator, provided that the term “Pesticide” will not include any 

substance, mixture of substances, or device the United States Environmental Protection 

Agency does not consider to be a pesticide.

“Photograph Coating” means a coating designed and labeled exclusively to be applied to 

finished photographs to allow corrective retouching, protection of the image or changes 

in gloss level, or to cover fingerprints.

“Pressurized Gas Duster” means a pressurized product labeled to remove dust from a 

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

photographic film negatives, computer keyboards, and other types of surfaces that cannot 

be cleaned with solvents. This does not include “Dusting Aid”.

“Principal Display Panel or Panels” means that part, or those parts, of a label that are so 

designed as to most likely be displayed, presented, shown or examined under normal and 

customary conditions of display or purchase. Whenever a principal display panel appears 

more than once, all requirements pertaining to the “Principal Display Panel” shall pertain 

to all such “Principal Display Panels.”

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

principal display panel of the product.

“Product Category” means the applicable category, defined in this Section and limited in 

Section 223.205(a), which best describes the product. 

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

applicable form that most accurately describes the product's dispensing form as follows:

A = Aerosol Product

S = Solid

P = Pump Spray

L = Liquid

SS = Semisolid

O = Other

“Product Line” means a group of products of identical form and function belonging to the 

same product category or categories.

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

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

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

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

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

“Responsible ACP Party” is the party the ACP product was “manufactured for” or 

“distributed by”, as noted on the label. 
31

“Restricted Materials” means pesticides established as restricted materials under 

applicable Illinois statutes or regulations.

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

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

“Rubber and Vinyl Protectant” means any product designed to protect, preserve or renew 

vinyl, rubber, and plastic on vehicles, tires, luggage, furniture, and household products 

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

designed to clean the wheel rim, such as aluminum or magnesium wheel cleaners, and 

tire cleaners that do not leave an appearance-enhancing or protective substance on the 

tire.

“Rubbing Alcohol” means any product containing isopropyl alcohol (also called 

isopropanol) or denatured ethanol and labeled for topical use, usually to decrease germs 

in minor cuts and scrapes, to relieve minor muscle aches, as a rubefacient, and for 

massage.

“Rust Preventive Coating” means a coating formulated exclusively for nonindustrial use 

to prevent the corrosion of metal surfaces and labeled as specified in Section 223.320(f).

“Sanding Sealer” means a clear or semi-transparent wood coating labeled and formulated 

for application to bare wood to seal the wood and to provide a coat that can be abraded to 

create a smooth surface for subsequent applications of coatings. A “Sanding Sealer” that 

also meets the definition of a “Lacquer” is not included in this category, but it is included 

in the “Lacquer” category.

“Sealant and Caulking Compound” means any product with adhesive properties that is 

designed to fill, seal, waterproof, or weatherproof gaps or joints between two surfaces. 

This does not include roof cements and roof sealants, insulating foams, removable 

caulking compounds, Clear/paintable/water resistant caulking compounds, floor seam 

sealers, products designed exclusively for automotive uses, or sealers that are applied as 

continuous coatings. The term also does not include units of product, less packaging, that 

weigh more than one pound and consist of more than 16 fluid ounces. 

For the purposes of this definition only, “removable caulking compounds” means 

a compound that temporarily seals windows or doors for three to six month time 

intervals. “Clear/paintable/water resistant caulking compound” means a 

compound that contains no appreciable level of opaque fillers or pigments; 

transmits most or all visible light through the caulk when cured; is paintable; and 

is immediately resistant to precipitation upon application.

“Semisolid” means a product that, at room temperature, will not pour, but will spread or 

deform easily, including but not limited to gels, pastes, and greases.
32

“Shaving Cream” means an aerosol product that dispenses a foam lather intended to be 

used with a blade or cartridge razor, or other wet-shaving system, in the removal of facial 

or other body hair. The term does not include “Shaving Gel”.

“Shaving Gel” means an aerosol product which dispenses a post-foaming semisolid 

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

of facial or other body hair. This does not include “Shaving Cream”.

“Silicone-Based Multi-Purpose Lubricant” means any lubricant designed and labeled to 

provide lubricity primarily through the use of silicone compounds including, but not 

limited to, polydimethylsiloxane, and designed and labeled for general purpose 

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

products designed and labeled exclusively to release manufactured products from molds.

“Single Phase Aerosol Air Freshener” means an aerosol air freshener with the liquid 

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

container be shaken before use.

“Solid” means a substance or mixture of substances that, either whole or subdivided 

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

determined under ASTM D4359-90, incorporated by reference in Section 223.120, or an 

equivalent method approved by the California Air Resources Board.

“Special Purpose Spray Adhesive” means an aerosol adhesive that meets any of the 

following definitions:

“Mounting Adhesive” means an aerosol adhesive designed to permanently mount 

photographs, artwork, and any other drawn or printed media to a backing (paper, 

board, cloth, etc.) without causing discoloration to the artwork. 

“Flexible Vinyl Adhesive” means an aerosol adhesive designed to bond flexible 

vinyl to substrates. Flexible vinyl means a nonrigid polyvinyl chloride plastic 

with at least five percent, by weight, of plasticizer content. A plasticizer is a 

material, such as a high boiling point organic solvent, that is incorporated into a 

plastic to increase its flexibility, workability, or distensibility, and may be 

determined using ASTM E260-96, incorporated by reference in Section 223.120, 

or from product formulation data or an equivalent method approved by the 

CARB.

“Polystyrene Foam Adhesive” means an aerosol adhesive designed to bond 

polystyrene foam to substrates.

“Automobile Headliner Adhesive” means an aerosol adhesive designed to bond 

together layers in motor vehicle headliners.
33

“Polyolefin Adhesive” means an aerosol adhesive designed to bond polyolefins to 

substrates.

“Laminate Repair/Edgebanding Adhesive” means an aerosol adhesive designed 

for: 

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

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

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

but not limited to other laminates, synthetic marble, veneers, wood

molding, and decorative metals.

For the purposes of this definition “high pressure laminate” means sheet 

materials that consist of paper, fabric, or other core material that have been 

laminated at temperatures exceeding 265° F, and at pressures between 

1,000 and 1,400 psi.

“Automotive Engine Compartment Adhesive” means an aerosol adhesive 

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

and plasticizer resistance, as well as high shear strength, at temperatures of 200 to 

275° F.

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

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

does not require subsequent laundering to achieve stain removal. This does not include 

“Dry Cleaning Fluid”, “Laundry Prewash”, or “Multi-Purpose Solvent.”

“Spray Buff Product” means a product designed to restore a worn floor finish in 

conjunction with a floor buffing machine and special pad.

“Stick Product” means any antiperspirant or deodorant that contains active ingredients in 

a solid matrix form, and that dispenses the active ingredients by frictional action on the 

affected area.

“Structural Waterproof Adhesive” means an adhesive whose bond lines are resistant to 

conditions of continuous immersion in fresh or salt water and that conforms with Federal 

Specification MMM-A-181D (Type 1, Grade A), incorporated by reference in Section 

223.120, and MIL-A-4605 (Type A, Grade A and Grade C), per the Federal Consumer 

Products Regulation (40 CFR 59, subpart C), incorporated by reference in Section 

223.120.

“Terrestrial” means to live on or grow from land.

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

temporarily inflate and seal a leaking tire.
34

“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 propellant including 

chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and 

hydrofluorocarbons (HFCs).

“Type C Propellant” means any propellant that is not a Type A or Type B propellant, 

including propane, isobutane, n-butane, and dimethyl ether (also known as dimethyl 

oxide).

“Undercoating” means any aerosol product designed to impart a protective, non-paint 

layer to the undercarriage, trunk interior, and/or firewall of motor vehicles to prevent the 

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

mastic, or asphaltic products.

“Usage Directions” means the text or graphics on the product's principal display panel, 

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

the product is to be used.

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

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

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

223.285(a) and (b).

For charcoal lighter material products only,

Certified Use Rate

(Certified Emissions x 100) VOC Content=

Certified 

Emissions = The emissions level for products approved by the 

Agency under Section 223.220, as determined pursuant to 

South Coast Air Quality Management District Rule 1174, 

Ignition Method Compliance Certification Protocol 

(February 27, 1991), incorporated by reference in Section 
35

223.120, expressed to the nearest 0.001 pound CH2 per 

start.

Certified 

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

Section 223.220, as determined pursuant to South Coast Air 

Quality Management District Rule 1174, Ignition Method 

Compliance Certification Protocol (February 27, 1991), 

incorporated by reference in Section 223.120, expressed to 

the nearest 0.001 pound certified product used per start.

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

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

Section 223.340(a).

“Wasp and Hornet Insecticide” means any insecticide product that is designed for use 

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

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

“Waterproofer” means a product designed and labeled exclusively to repel water from 

fabric or leather substrates, excluding “Fabric Protectants”.

“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 July 1, 2009 that contains VOMs in excess of 

the limits specified in this subsection: 
36

Affected Product % VOM by Weight

1) Adhesives – Spray

A) Mist Spray 65

B) Web Spray 55

C) Special Purpose Spray Adhesives

i) Mounting, Automotive Engine Compartment, and 

Flexible Vinyl 70

ii) Polystyrene Foam and Automotive Headliner 65

iii) Polyolefin and Laminate Repair /Edgebanding 60

2) Adhesives – Construction, Panel and Floor Contact 15

3) Adhesives – General Purpose 10

4) Adhesives – Structural Waterproof 15

5) Air Fresheners

A) Single-Phase Aerosol 30

B) Double Phase Aerosol 25

C) Liquids / Pump Sprays 18

D) Solids / Gel 3

6) Antiperspirants

A) Aerosol 40 HVOM 

 10 MVOM

B) Non-Aerosol 0 HVOM

 0 MVOM

7) Automotive Brake Cleaners 45

8) Automotive Rubbing or Polishing Compound 17
37

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

17) Deodorants

A) Aerosol 0 HVOM

 10 MVOM

B) Non-Aerosol 0 HVOM

 0 MVOM

18) Dusting Aids

A) Aerosol 25

B) All Other Forms 7
38

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

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
39

30) Hair Styling Gels 6

31) Heavy Duty Hand Cleaner or Soap 8

32) Insecticides

A) Crawling Bug (Aerosol) 15

B) Crawling Bug (All Other Forms) 20

C) Flea and Tick 25

D) Flying Bug (Aerosol) 25

E) Flying Bug (All Other Forms) 35

F) Foggers 45

G) Lawn and Garden (Aerosol) 20

H) Lawn and Garden (All Other Forms) 3

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
40

B) Liquids 5

40) Paint Removers or Strippers 50

41) Penetrants 50

42) Rubber and Vinyl Protectants

A) Aerosol 10

B) Non-Aerosol 3

43) Sealants and Caulking Compounds 4

44) Shaving Creams 5

45) Silicone-Based Multi-Purpose Lubricants 

(Excluding Solid or Semi-Solid Products) 60

46) Spot Removers

A) Aerosol 25

B) Non-Aerosol 8

47) Tire Sealants and Inflators 20

48) Undercoatings – Aerosols 40

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

or after July 1, 2009, any antiperspirant or deodorant that contains any compound 

listed below: 

Benzene

Ethylene Dibromide

Ethylene Dichloride

Hexavalent Chromium

Asbestos

Cadmium (metallic cadmium and cadmium compounds)

Carbon Tetrachloride
41

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

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

maximum recommended dilution has taken place. 

Section 223.207 Products Registered under FIFRA 

For those consumer products that are registered under the Federal Insecticide, Fungicide, and 

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

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

Section 223.208 Requirements for Aerosol Adhesives
42

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 July 1, 2009, no person shall sell, supply, offer for sale, or manufacture 

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

compounds: methylene chloride, perchloroethylene, or trichloroethylene. 

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

Section 223.265.

Section 223.209 Requirements for Floor Wax Strippers

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

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

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

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

of three percent by weight or less; 

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

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

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

concentration of 12% by weight or less; and 
43

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); 

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 July 1, 2009 that complies with Section 223.205(a) or is 

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

content of the reformulated product does not increase. 
44

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 July 1, 2009, any charcoal 

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

can demonstrate that it has been issued an effective certification by the CARB 

under the Consumer Products provisions under 17 California Code of Regulations 

§ 94509(h), incorporated by reference in Section 223.120. This certification 

remains in effect for Illinois for as long as the CARB certification remains in 

effect.

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.
45

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

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

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

7 USC 136 through 136y).

g) The VOM limits specified in Section 223.205(a) shall not apply to air fresheners 

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

under Section 211.7150 or exempted under subsection (f). 

h) The VOM limits specified in Section 223.205(a) shall not apply to air fresheners 

and insecticides containing at least 98% para-dichlorobenzene.

i) The VOM limits specified in Section 223.205(a) shall not apply to adhesives sold 

in containers of one fluid ounce or less. 

j) The VOM limits specified in Section 223.205(a) shall not apply to bait station 

insecticides. For the purpose of this section, bait station insecticides are 

containers enclosing an insecticidal bait that is not more than 0.5 ounce by 

weight, when the bait is designed to be ingested by insects and is composed of 

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

Section 223.240 Innovative Product Exemption

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

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

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

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

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

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

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

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

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

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

the exemption.

b) Recordkeeping and Availability of Requested Information.

1) All information specified in the Innovative Product exemption approving 

an Innovative Product application shall be maintained by the responsible 

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

The records shall be clearly legible and maintained in good condition 

during this period.
46

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 

represented separately from other codes on the product container so that it is 

easily recognizable:

YY DDD = year year day day day

Where:
47

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.

Section 223.260 Most Restrictive Limit

a) Products manufactured before July 1, 2009, and FIFRA-registered Insecticides 

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

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

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

in Section 223.205(a), then the lowest VOC limit shall apply. This requirement 

does not apply to general purpose cleaners, antiperspirant/deodorant products and 

insecticide foggers.
48

b) Products manufactured on or after July 1, 2009, and FIFRA-registered 

insecticides manufactured on or after July 1, 2010.

Notwithstanding the definition of product category in Section 223.203, if 

anywhere on the container or packaging of any consumer product manufactured 

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

after July 1, 2010, or on any sticker or label affixed to the container or packaging, 

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

as, a consumer product for which a lower VOC limit is specified in Section 

223.205(a), then the lowest VOM limit shall apply. This requirement does not 

apply to general purpose cleaners, antiperspirant/deodorant products and 

insecticide foggers.

Section 223.265 Additional Labeling Requirements for Aerosol Adhesives, Adhesive 

Removers, Electronic Cleaners, Electrical Cleaners, Energized Electrical 

Cleaners, and Contact Adhesives

a) In addition to the requirements specified in Sections 223.250, 223.260, and 

223.270, both the manufacturer and responsible party for each aerosol adhesive, 

adhesive remover, electronic cleaner, electrical cleaner, energized electrical 

cleaner, and contact adhesive product subject to this Subpart shall ensure that all 

products clearly display the following information on each product container 

manufactured on or after July 1, 2009.

1) The product category as specified in Section 223.205(a) or an abbreviation 

of the category shall be displayed.

2) The applicable VOM standard for the product that is specified in Section 

223.205(a) except for energized electrical cleaner, expressed as a 

percentage by weight, shall be displayed unless the product is included in 

an alternative control plan approved by the Agency, as provided in

Sections 223.240 and 223.245, and the product exceeds the applicable 

VOM standard.

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.
49

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 within 90 days of a request 

by the Agency: 

1) The name, address, and telephone number of the responsible party and the 

name and telephone number of the party's designated contact person; 

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

A) The product brand name; 

B) The product label; 

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

D) The applicable product form(s) listed separately; and 

E) An identification of the product as a household product, 

institutional product, or both;

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%:
50

A) Total Section 223.205(a) compounds; 

B) Total LVP-VOMs that are not fragrances; 

C) Total all other carbon-containing compounds that are not 

fragrances; 

D) Total all non-carbon-containing compounds; 

E) Total fragrance; 

F) For products containing greater than 2% by weight fragrance: 

i) The percent of fragrance that is LVP-VOMs; and 

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

compounds; and

G) Total paradichlorobenzene; 

6) For each product brand name and form, the identity, including the specific 

chemical name and associated Chemical Abstract Services (CAS) number, 

of the following: 

A) Each Section 223.205(a) compound; and 

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

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

A) The weight percent comprised of propellant for each product; and 

B) An identification of the type of propellant, such as Type A, Type 

B, Type C, or a blend of the different types. 

b) In addition to the requirements of subsection (a)(6), the responsible party shall 

report or shall arrange to have reported to the Agency, upon request, the net 

percent by weight of each ozone-depleting compound that is:

1) Listed in Section 223.210(a); and 

2) Contained in a product subject to reporting under subsection (a) any 

amount greater than 0.1% by weight. 
51

c) In addition, all manufacturers must submit to the Agency, upon request, the 

information requested in subsections (a) and (b) above upon commencement of 

the selling of each such product in Illinois.

Section 223.275 Special Recordkeeping Requirements for Consumer Products that 

Contain Perchloroethylene or Methylene Chloride 

a) The requirements of this Section shall apply to all responsible parties for 

consumer products that are subject to Section 223.205(a) and contain 

perchloroethylene or methylene chloride and energized electrical cleaners as 

defined in Section 223.203 that contain perchloroethylene or methylene chloride. 

For the purposes of this Section, a product “contains perchloroethylene or 

methylene chloride” if the product contains 1.0% or more by weight (exclusive of 

the container or packaging) of either perchloroethylene or methylene chloride. 

b) For each consumer product that contains perchloroethylene or methylene chloride, 

within 90 days after a written request by the 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 0.10%, of perchloroethylene and 

methylene chloride in the consumer product.

Section 223.280 Calculating Illinois Sales 

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

regional sales data by population. 

Section 223.285 Test Methods

a) Testing to determine compliance with the requirements of this Subpart shall be 

performed using CARB Method 310, Determination of Volatile Organic Materials 

(VOM) in Consumer Products, which is incorporated by reference in Section 

223.120.
52

b) Compliance with the requirements of this Subpart may also be demonstrated 

through calculation of the VOM content from records of the amounts of 

constituents used to make the product pursuant to the following criteria: 

1) Accurate manufacturing records shall be kept for each day of production 

of the amount and chemical composition of the individual product 

constituents; 

2) Records required by subsection (b)(1) shall be kept for at least three years; 

3) For subsection (b)(4), the following shall apply: 

A) “A” means the total net weight of unit excluding container and 

packaging; 

B) “B” means the total weight of all VOMs per unit; and 

C) “C” means the total weight of all exempted VOMs per unit; 

4) For the purposes of this section, the VOM content shall be calculated by 

subtracting the total weight of VOMs exempted under Section 223.230 per 

unit from the total weight of all VOMs per unit, divided by the total net 

weight of unit excluding container and packaging and the product, 

multiplied by 100 as in the formula below: 

VOM Content = B - C x 100 

 A 

5) If product records appear to demonstrate compliance with the VOM limits, 

but these records are contradicted by product testing performed using 

CARB Method 310, the results of CARB Method 310 shall take 

precedence over the product records and may be used to establish a 

violation of the requirements of this Subpart.

c) Testing to determine whether a product is a liquid or solid shall be performed 

using ASTM D4359-90, which is incorporated by reference in Section 223.120, or 

an equivalent method approved by the CARB.

d) Testing to determine compliance with the certification requirements for charcoal 

lighter material shall be performed using the procedures specified in the 

SCAQMD Test Protocol Rule 1174, Ignition Method Compliance Certification 

Protocol, which is incorporated by reference in Section 223.120. 

e) Testing to determine distillation points of petroleum distillate-based charcoal 

lighter materials shall be performed using ASTM D86-07b, which is incorporated 

by reference in Section 223.120, or an equivalent method
53

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

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.
54

“Antenna Coating” means a coating labeled and formulated exclusively for application to 

equipment and associated structural appurtenances that are used to receive or transmit 

electromagnetic signals.

“Antifouling Coating” means a coating labeled and formulated for application to 

submerged stationary structures and their appurtenances to prevent or reduce the 

attachment of marine or freshwater biological organisms. To qualify as an “Antifouling 

Coating”, the coating must be registered with USEPA under the Federal Insecticide, 

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

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

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

kitchen fixtures, cabinets, concrete forms, doors, elevators, fences, hand railings, heating 

equipment, air conditioning equipment, and other fixed mechanical equipment or 

stationary tools, lampposts, partitions, pipes and piping systems, rain gutters and 

downspouts, stairways, fixed ladders, catwalks and fire escapes, and window screens.

“Architectural Coating” means a coating to be applied to stationary structures or the 

appurtenances at the site of installation, to portable buildings at the site of installation, to 

pavements, or to curbs. Coatings applied in shop applications or to non-stationary 

structures, such as airplanes, ships, boats, railcars, and automobiles, and adhesives are not 

considered architectural coatings for the purposes of this Subpart.

“Bitumens” means black or brown materials including, but not limited to, asphalt, tar, 

pitch, and asphaltite that are soluble in carbon disulfide, consist mainly of hydrocarbons, 

and are obtained from natural deposits or as residues from the distillation of crude 

petroleum or coal.

“Bituminous Roof Coating” means a coating that incorporates “Bitumens” that is labeled 

and formulated exclusively for roofing.

“Bituminous Roof Primer” means a primer that incorporates “Bitumens” that is labeled 

and formulated exclusively for roofing.

“Bond Breaker” means a coating labeled and formulated for application between layers 

of concrete to prevent a freshly poured top layer of concrete from bonding to the layer 

over which it is poured.

“Calcamine Recoaters” means a flat solvent born coatings formulated and recommended 

specifically for recoating calcamine-painted ceilings and other calcamine-painted 

substrates.

“Clear Brushing Lacquers” means clear wood finishes, excluding clear lacquer sanding 

sealers, formulated with nitrocellulose or synthetic resins to dry by solvent evaporation 

without chemical reaction and to provide a solid, protective film, which are intended 

exclusively for application by brush and which are labeled as specified in Section 
55

223.320(e).

“Clear Wood Coatings” means clear and semi-transparent coatings, including lacquers 

and varnishes, applied to wood substrates to provide a transparent or translucent solid 

film.

“Coating” means a material applied onto or impregnated into a substrate for protective, 

decorative, or functional purposes. Such materials include, but are not limited to, paints, 

varnishes, sealers, and stains.

“Colorant” means 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 a coating labeled and formulated for application to 

freshly poured concrete to retard the evaporation of water.

“Concrete Surface Retarder” means a mixture of retarding ingredients such as extender 

pigments, primary pigments, resin, and solvent that interact chemically with the cement 

to prevent hardening on the surface where the retarder is applied, allowing the retarded 

mix of cement and sand at the surface to be washed away to create an exposed aggregate 

finish.”

“Conversion Varnish” means a clear acid-curing coating with an alkyd or other resin 

blended with amino resins and supplied as a single component or two-component 

product. Conversion varnishes produce a hard, durable, clear finish designed for 

professional application to wood flooring. Film formation is the result of an acidcatalyzed condensation reaction, affecting a transetherification at the reactive ethers of 

the amino resins.

“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 
56

structural materials that has been fire tested and rated by a testing agency and approved 

by building code officials for use in bringing assemblies of structural materials into 

compliance with federal, State, and local building code requirements. The fire-resistive 

coating and the testing agency must be approved by building code officials. The fireresistive coating shall be tested in accordance with ASTM E119-98, incorporated by 

reference in Section 223.120.

“Fire-Retardant Coating” means a coating labeled and formulated to retard ignition and 

flame spread, that has been fire tested and rated by a testing agency approved by building 

code officials for use in bringing building and construction materials into compliance 

with federal State, and local building code requirements. The fire-retardant coating and 

the testing agency must be approved by building code officials. The fire-retardant 

coating shall be tested in accordance with ASTM E84-07, incorporated by reference in 

Section 223.120.

“Flat Coating” means a coating that is not defined under any other definition in this 

Section and that registers gloss less than 15 on an 85-degree meter or less than five on a 

60-degree meter according to ASTM Designation D 523-89 (1999), incorporated by 

reference in Section 223.120.

“Floor Coating” means an opaque coating that is labeled and formulated for application 

to flooring, including, but not limited to, decks, porches, steps, and other horizontal 

surfaces, that may be subjected to foot traffic.

“Flow Coating” means a coating labeled and formulated exclusively for use by electric 

power companies or their subcontractors to maintain the protective coating systems 

present on utility transformer units.

“Form-Release Compound” means a coating labeled and formulated for application to a 

concrete form to prevent the freshly poured concrete from bonding to the form. The form 

may consist of wood, metal, or some material other than concrete.

“Graphic Arts Coating or Sign Paint” means a coating labeled and formulated for handapplication by artists using brush or roller techniques to indoor and outdoor signs 

(excluding structural components) and murals, including letter enamels, poster colors, 

copy blockers, and bulletin enamels.

“High-Temperature Coating” means a high performance coating, excluding engine paint, 

labeled and formulated for application to substrates exposed continuously or 

intermittently to temperatures above 204°C (400°F).

“Impacted Immersion Coating” means a high performance maintenance coating 

formulated and recommended for application to steel structures subject to immersion in 

turbulent, debris-laden water. These coatings are specifically resistant to high-energy 

impact damage by floating ice or debris.
57

“Industrial Maintenance Coating” means a high performance architectural coating, 

including primers, sealers, undercoaters, intermediate coats, and topcoats, formulated for 

application to substrates exposed to one or more of the following extreme environmental 

conditions, and labeled as specified in Section 223.320(d):

Immersion in water, wastewater, or chemical solutions (aqueous and non-aqueous 

solutions), or chronic exposures of interior surfaces to moisture condensation;

Acute or chronic exposure to corrosive, caustic, or acidic agents, or to chemicals, 

chemical fumes, or chemical mixtures or solutions;

Repeated exposure to temperatures above 121°C (250°F);

Repeated (frequent) heavy abrasion, including mechanical wear and repeated 

(frequent) scrubbing with industrial solvents, cleansers, or scouring agents; or

Exterior exposure of metal structures and structural components.

“Lacquer” means a clear or opaque wood coating, including clear lacquer sanding sealers, 

formulated with cellulosic or synthetic resins to dry by evaporation without chemical 

reaction and to provide a solid, protective film. 

“Low-Solids Coating” means a coating containing 0.12 kilogram or less of solids per liter 

(1 pound or less of solids per gallon) of coating material.

“Magnesite Cement Coating” means a coating labeled and formulated for application to 

magnesite cement decking to protect the magnesite cement substrate from erosion by 

water.

“Mastic Texture Coating” means a coating labeled and formulated to cover holes and 

minor cracks and to conceal surface irregularities, and is applied in a single coat of at 

least 10 mils (0.010 inch) dry film thickness.

“Metallic Pigmented Coating” means a coating containing at least 48 grams of elemental 

metallic pigment per liter of coating as applied (0.4 pounds per gallon), when tested in 

accordance with SCAQMD Method 318-95, incorporated by reference in Section 

223.120.

“Multi-Color Coating” means a coating that is packaged in a single container and that 

exhibits more than one color when applied in a single coat.

“Non-flat Coating” means a coating that is not defined under any other definition in this 

Section and that registers a gloss of 15 or greater on an 85-degree meter and five or 

greater on a 60-degree meter according to ASTM D523-89, incorporated by reference in 

Section 223.120 or an equivalent method approved by the California Air Resources 

Board.
58

“Non-Flat High-Gloss Coating” means a non-flat coating that registers a gloss of 70 or 

above on a 60-degree meter according to ASTM D523-89 (1999), incorporated by 

reference into Section 223.120, or an equivalent method approved by the CARB.

“Nonindustrial Use” means any use of architectural coatings except in the construction or 

maintenance of any of the following: facilities used in the manufacturing of goods and 

commodities; transportation infrastructure, including highways, bridges, airports and 

railroads; facilities used in mining activities, including petroleum extraction; utilities 

infrastructure, including power generation and distribution; and water treatment and 

distribution systems.

“Nuclear Coating” means a protective coating formulated and recommended to seal 

porous surfaces such as steel (or concrete) that otherwise would be subject to intrusions 

by radioactive materials. These coatings must be resistant to long-term (service life) 

cumulative radiation exposure (ASTM D4082-02), incorporated by reference in Section 

223.120), relatively easy to decontaminate, and resistant to various chemicals to which 

the coatings are likely to be exposed (ASTM Method D 3912-95, incorporated by 

reference in Section 223.120).

“Post-Consumer Coating” means a finished coating that would have been disposed of in a 

landfill, having completed its usefulness to a consumer, and does not include 

manufacturing wastes.

“Pre-Treatment Wash Primer” means a primer that contains a minimum of 0.5 acid, by 

weight, when tested in accordance with ASTM D1613-03, incorporated by reference into 

Section 223.120, or an equivalent method approved by the CARB that is labeled and 

formulated for application directly to bare metal surfaces to provide corrosion resistance 

and to promote adhesion of subsequent topcoats.

“Primer” means 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.
59

“Quick-Dry Primer Sealer and Undercoater” means a “Primer”, “Sealer”, or 

“Undercoater” that is dry to the touch in 30 minutes and can be recoated in two hours 

when tested in accordance with ASTM D1640-03, incorporated by reference in Section 

223.120, or an equivalent method approved by the CARB.

“Recycled Coating” means an architectural coating formulated such that not less than 50 

percent of the total weight consists of secondary and post-consumer coating, with not less 

than 10 percent of the total weight consisting of post-consumer coating.

“Residence” means areas where people reside or lodge, including, but not limited to, 

single and multiple family dwellings, condominiums, mobile homes, apartment 

complexes, motels, and hotels.

“Roof Coating” means a nonbituminous coating labeled and formulated exclusively for 

application to roofs for the primary purpose of preventing penetration of the substrate by 

water or reflecting heat and ultraviolet radiation. Metallic pigmented roof coatings that 

qualify as metallic pigmented coatings, shall not be considered in this category, but shall 

be considered to be in the metallic pigmented coatings category.

“Rust Preventive Coating” means a coating formulated exclusively for nonindustrial use 

to prevent the corrosion of metal surfaces and labeled as specified in Section 223.320(f).

“Sanding Sealer” means a clear or semi-transparent wood coating labeled and formulated 

for application to bare wood to seal the wood and to provide a coat that can be abraded to 

create a smooth surface for subsequent applications of coatings. A “Sanding Sealer” that 

also meets the definition of a “Lacquer” is not included in this category, but it is included 

in the “Lacquer” category.

“Sealer” means a coating labeled and formulated for application to a substrate for one or 

more of the following purposes: to prevent subsequent coatings from being absorbed by 

the substrate, or to prevent harm to subsequent coatings by materials in the substrate.

“Secondary Coating (Rework)” means a fragment of a finished coating or a finished 

coating from a manufacturing process that has converted resources into a commodity of 

real economic value, but does not include excess virgin resources of the manufacturing 

process.

“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).
60

“Solicit” means to require for use or to specify by written or oral contract.

“Specialty Primer, Sealer, and Undercoater” means a coating labeled as specified in 

Section 223.320(g) and that is formulated for application to a substrate to seal fire, 

smoke, or water damage; to condition excessively chalky surfaces; to seal in 

efflorescence, or to block stains. An excessively chalky surface is one that is defined as 

having a chalk rating of four or less as determined by ASTM D4214-98, incorporated by 

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

“Stain” means a clear, semitransparent, or opaque coating labeled and formulated to 

change the color of a surface, but not conceal the grain pattern or texture.

“Stone Consolidant” means a coating that is labeled and formulated for application to 

stone substrates to repair historical structures that have been damaged by weathering or 

other decay mechanisms “Stone Consolidants” must penetrate into stone substrates to 

create bonds between particles and consolidate deteriorated material. “Stone 

Consolidants” must be specified and used in accordance with ASTM E2167-01, 

incorporated by reference in Section 223.120. “Stone Consolidants” are for professional 

use only and must be labeled as such, in accordance with the labeling requirements in 

Section 223.320.

“Swimming Pool Coating” means a coating labeled and formulated to coat the interior of 

swimming pools and to resist swimming pool chemicals.

“Swimming Pool Repair and Maintenance Coating” means a rubber-based coating 

labeled and formulated to be used over existing rubber-based coatings for the repair and 

maintenance of swimming pools.

“Temperature-Indicator Safety Coating” means a coating labeled and formulated as a 

color-changing indicator coating for the purpose of monitoring the temperature and safety 

of the substrate, underlying piping, or underlying equipment, and for application to 

substrates exposed continuously or intermittently to temperatures above 204°C (400°F).

“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.
61

“Undercoater” means a coating labeled and formulated to provide a smooth surface for 

subsequent coatings.

“Varnish” means a clear or semitransparent wood coating, excluding lacquers and 

shellacs, formulated to dry by chemical reaction on exposure to air. Varnishes may 

contain small amounts of pigment to color a surface, or to control the final sheen or gloss 

of the finish.

“VOC Content” shall have the same meaning as “VOM Content.”

“VOM Content” means the weight of VOM per volume of coating, calculated according 

to the procedures specified in Section 223.340(a).

“Waterproofing Concrete/Masonry Sealers” means clear or pigmented sealers that are 

formulated for sealing concrete and masonry to provide resistance against water, alkalis, 

acids, ultraviolet light, or staining.

“Waterproofing Sealer” means a coating labeled and formulated for application to a 

porous substrate for the primary purpose of preventing the penetration of water.

“Wood Preservative” means a coating labeled and formulated to protect exposed wood 

from decay or insect attack that is registered with both the USEPA under the Federal 

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

Section 223.310 Standards

a) VOM Content Limits: Except as provided in subsection (c), no person shall 

manufacture, blend, or repackage for sale within Illinois, supply, sell, or offer for 

sale within Illinois, or solicit for application or apply within Illinois, any 

architectural coating manufactured on or after July 1, 2009 that contains a VOM 

content in excess of the corresponding limit specified below:

VOM Content Limit

Grams/Liter (Pounds/Gallon)

Coating Category

1) Flat Coatings 100 (0.8)

2) Non-Flat Coatings 150 (1.3)

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

Specialty Coatings

4) Antenna Coatings 530 (4.4)
62

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 780g/l (6.5)

12) Conversion Varnish 725 (6.0)

13) Dry Fog Coatings 400 (3.3)

14) Faux Finishing Coatings 350 (2.9)

15) Fire-Resistive Coatings 350 (2.9)

16) Fire-Retardant Coatings

A) Clear 650 (5.4)

B) Opaque 350 (2.9)

17) Floor Coatings 250 (2.1)

18) Flow Coatings 420 (3.5)

19) Form-Release Compounds 250 (2.1)
63

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)

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)
64

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 

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;
65

6) Industrial maintenance coatings;

7) Low-solids coatings;

8) Wood preservatives;

9) High-temperature coatings;

10) Temperature-indicator safety coatings;

11) Antenna coatings;

12) Antifouling coatings;

13) Flow coatings;

14) Bituminous roof primers;

15) Specialty primers, sealers, and undercoaters;

16) Conversion varnish;

17) Calcimine recoaters;

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 
66

complies with the industrial maintenance coating VOM limit specified in 

subsection (a). If the coating is also regulated under another Part, the more 

restrictive limit shall apply.

g) Coatings Not Listed in Subsection (a). For any coating that does not meet any of 

the definitions for the specialty coatings categories listed in subsection (a), the 

VOM content limit shall be determined by classifying the coating as a flat 

coating, a non-flat coating, or a non-flat high-gloss coating, based on its gloss, as 

defined in Section 223.307, and the corresponding flat or non-flat coating limit 

shall apply.

Section 223.320 Container Labeling Requirements

Each manufacturer of any architectural coatings subject to this Subpart shall display the 

information listed in subsections (a) through (j) on the coating container in which the coating is 

sold or distributed (or on its label).

a) Date-Code. The date the coating was manufactured, or a date-code representing 

the date, shall be indicated on the label, lid or bottom of the container. If the 

manufacturer uses a date-code for any coating, the manufacturer shall file an 

explanation of each code with the Agency upon request.

b) Thinning Recommendations. A statement of the 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”,
67

2) "For professional use only”,

3) "Not for residential use" or "Not intended for residential use”.

e) Clear Brushing Lacquers. The labels of all clear brushing lacquers shall 

prominently display the statements “For brush application only” and “This 

product must not be thinned or sprayed”.

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

g) Specialty Primers, Sealers, and Undercoaters. The labels of all specialty primers, 

sealers, and undercoaters shall prominently display one or more of the following 

descriptions.

1) “For blocking stains;”

2) “For fire-damaged substrates;”

3) “For smoke-damaged substrates;”

4) “For water-damaged substrates;”

5) “For excessively chalky substrates.”

h) Quick-Dry Enamels. The labels of all quick dry enamels shall prominently 

display the words “Quick Dry” and the dry hard time.

i) Non-Flat High-Gloss Coatings. The labels of all non-flat high-gloss 

coatings shall prominently display the words “High Gloss.”

j) Stone Consolidants. Effective July 1, 2010, the labels of all stone consolidants 

shall prominently display the statement “Stone Consolidant - For Professional Use 

Only”.

Section 223.330 Reporting Requirements

a) Clear Brushing Lacquers. Within 90 days after written request by the Agency, 

each manufacturer of clear brushing lacquers shall report the following 

information for products sold in Illinois:

1) The number of gallons of clear brushing lacquers sold in the State during 

the preceding calendar year; and

2) The method used by the manufacturer to calculate State sales.
68

b) Rust Preventive Coatings. Within 90 days after written request by the Agency, 

each manufacturer of rust preventive coatings shall report the following 

information for products sold in Illinois.

1) The number of gallons of rust preventive coatings sold in the State during 

the preceding calendar year; and

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

c) Specialty Primers, Sealers, and Undercoaters. Within 90 days after written 

request by the Agency, each manufacturer of specialty primers, sealers, and 

undercoaters shall report the following information for products sold in Illinois:

1) The number of gallons of specialty primers, sealers, and undercoaters sold 

in the State during the preceding calendar year; and

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

d) Toxic Exempt Compounds. For each architectural coating that contains 

perchloroethylene or methylene chloride, within 90 days after written request by 

the Agency, the manufacturer shall report the following information for products 

sold in Illinois:

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

instructions;

2) The product category listed in Section 223.310(a) to which the coating 

belongs;

3) The total sales in Illinois, during the calendar year, to the nearest gallon; 

and

4) The volume percent, to the nearest 0.10 percent, of perchloroethylene and 

methylene chloride in the coating.

e) Recycled Coatings.

1) Within 90 days after written request by the Agency, manufacturers of 

recycled coatings must submit a letter to the Agency self-certifying their 

status as a Recycled Paint Manufacturer.

2) Within 90 days after written request by the Agency, each recycled 

coatings manufacturer shall report the following information for products 

sold in Illinois:
69

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:

VOM Content = (Ws - Ww - Wem) 

(Vm - Vw - Vem)

Where:

VOM content = grams of VOM per liter of coating

Ws = weight of volatiles, in grams

Ww = weight of water, in grams

Wem = weight of exempt materials, in grams

Vm = volume of coating, in liters

Vw = volume of water, in liters

Vem = volume of exempt materials, in liters

2) For low solids coatings, determine the VOM content in units of grams of 

VOM per liter of coating thinned to the manufacturer's maximum

recommendation, including the volume of any water and exempt 

compounds. Determine the VOM content as follows:

VOM Content (ls) = (Ws - Ww – Wem
70

(Vm)

Where:

VOM content (ls) = the VOM content of a low solids coating in grams per liter 

of coating

Ws = weight of volatile, in grams

Ww = weight of water, in grams

Wem = weight of exempt materials, in grams

Vm = volume of coating, in liters

b) VOM Content of Coatings. To determine the physical properties of a coating in 

order to perform the calculations in subsection (a), the reference method for VOM 

content is USEPA Method 24, incorporated by reference in Section 223.120, 

except as provided in sections 223.350 and 223.360. An alternative method to 

determine the VOM content of coatings is SCAQMD Method 304-91, 

incorporated by reference in Section 223.120. The exempt compounds content 

shall be determined by SCAQMD Method 303-91, incorporated by reference in 

Section 223.120. To determine the VOM content of a coating, the manufacturer 

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

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

that the coating has been formulated as intended (e.g., quality assurance checks, 

recordkeeping). However, if there are any inconsistencies between the results of a 

Method 24 test and any other means for determining VOM content, the Method 

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

as specified in Section 223.350. The Agency may require the manufacturer to 

conduct a Method 24 analysis.

Section 223.350 Alternative Test Methods

Other test methods demonstrated to provide results that are acceptable for purposes of determining compliance with Section 223.340(b), after review, and approval in writing by the Agency 

and USEPA, may also be used.

Section 223.360 Methacrylate Traffic Coating Markings

Analysis of methacrylate multi-component coatings used as traffic marking coatings shall be 

conducted according to a modification of USEPA Method 24, incorporated by reference in 

Section 223.120, or an equivalent method approved by the CARB. This method has not been 

approved for methacrylate multi-component coatings used for purposes other than as traffic 

marking coatings or for other classes of multi-component coatings.

Section 223.370 Test Methods

The following test methods are incorporated by reference in Section 223.120, and shall be used 

to test coatings subject to the provisions of this Subpart:
71

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 E119-05a, Standard Test Methods for Fire Tests of 

Building Construction Materials (see Section 223.307, Fire-Resistive Coating), or 

an equivalent method approved by the CARB.

c) Gloss Determination. The gloss of a coating shall be determined by ASTM 

D523-89, Standard Test Method for Specular Gloss (see Section 223.307, Flat 

Coating, Non-Flat Coating, Non-Flat High-Gloss Coating, and Quick-Dry 

Enamel), or an equivalent method approved by the CARB.

d) Metal Content of Coatings. The metallic content of a coating shall be determined 

by SCAQMD Method 318-95, Determination of Weight Percent Elemental Metal 

in Coatings by X-Ray Diffraction, SCAQMD Laboratory Methods of Analysis for 

Enforcement Samples (see Section 223.307, Metallic Pigmented Coating).

e) Acid Content of Coatings. The acid content of a coating shall be determined by 

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

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

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

approved by the CARB.

f) Drying Times. The set-to-touch, dry-hard, dry-to-touch and dry-to-recoat times 

of a coating shall be determined by ASTM Designation D 1640-03, Standard 

Methods for Drying, Curing, or Film Formation of Organic Coatings at Room 

Temperature (see Section 223.307, Quick-Dry Enamel and Quick-Dry Primer, 

Sealer, and Undercoater). The tack free time of a quick-dry enamel coating shall 

be determined by the Mechanical Test Method of ASTM D1640-03, or an 

equivalent method approved by the CARB.

g) Surface Chalkiness. The chalkiness of a surface shall be determined using ASTM 

D4214-98 Standard Test Methods for Evaluating the Degree of Chalking of 

Exterior Paint Films (see Section 223.307, Specialty Primer, Sealer, and 

Undercoater), or an equivalent method approved by the CARB.

h) Exempt Compounds – Siloxanes. Exempt compounds that are cyclic, branched, 

or linear, completely methylated siloxanes shall be analyzed as exempt 

compounds for compliance with Section 223.340 by BAAQMD Method 43, 

Determination of Volatile Methylsiloxanes in Solvent-Based Coatings, Inks, and 

Related Materials, BAAQMD Manual of Procedures, Volume III, (see Section 

223.307, VOM content, and Section 223.340(b)).
72

i) Exempt Compounds - Parachlorobenzotrifluoride (PCBTF). The exempt 

compound parachlorobenzotrifluoride shall be analyzed as an exempt compound 

for compliance with Section 223.340 by BAAQMD Method 41, Determination of 

Volatile Organic Compounds in Solvent-Based Coatings and Related Materials 

Containing Parachlorobenzotrifluoride, BAAQMD Manual of Procedures, 

Volume III (see Section 223.307, VOM Vontent, and Section 223.340(b)).

j) Exempt Compounds. The content of compounds exempt under USEPA Method 

24 shall be analyzed by SCAQMD Method 303-91, Determination of Exempt 

Compounds, SCAQMD Laboratory Methods of Analysis for Enforcement 

Samples (see Section 223.307, VOM Content, and Section 223.340(b)).

k) VOM Content of Coatings. The VOM content of a coating shall be determined 

by USEPA Method 24 as it exists in Appendix A of 40 CFR 60, Determination of 

Volatile Matter Content, Water Content, Density, Volume Solids, and Weight 

Solids of Surface Coatings (see Section 223.340(b)), or an equivalent method 

approved by the CARB.

l) Alternative VOM Content of Coatings. The VOM content of coatings may be 

analyzed by either USEPA Method 24 or SCAQMD Method 304-91, 

Determination of Volatile Organic Compounds (VOC) in Various Materials, 

SCAQMD Laboratory Methods of Analysis for Enforcement Samples (see

Section 223.340(b)

m) Methacrylate Traffic Marking Coatings. The VOM content of methacrylate 

muticomponent coatings used as traffic marking coatings shall be analyzed by the 

procedures in 40 CFR 59, subpart D, appendix A, Determination of Volatile 

Matter Content of Methacrylate Multicomponent Coatings Used as Traffic 

Marking Coatings (see Section 223.360), or an equivalent method approved by 

the CARB.

IT IS SO ORDERED.

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that 

the Board adopted the above opinion and order on May 7, 2009, by a vote of 5-0.

___________________________________

John T. Therriault, Assistant Clerk

Illinois Pollution Control Board
June 12, 2009POLLUTION CONTROL BOARD

JOHN THERRIAULT ASSISTANT CLERK

100 W RANDOLPH ST, STE 11-500

CHICAGO, IL 60601

Dear JOHN THERRIAULT ASSISTANT CLERKYour rules Listed below met our codification standards and have been published in Volume 33,

Issue 25 of the Illinois Register, dated 6/19/2009.ADOPTED RULES

Standards and Limitations for Organic Material Emissions for Area Sources

35 Ill. Adm. Code 223 8224

Point of Contact: Nancy Miller

If you have any questions, you may contact the Administrative Code Division at

(217) 782 - 7017.

Index Department -Administrative Code Division - 111 East Monroe Springfield, IL 62756
Sources

2) Code Citation: 35 Iii. Adm. Code 223

3) Section Numbers: Adopted Action:

223.100 New Section223.105 New Section

223.120 New Section223.200 New Section223.201 New Section223.203 New Section

223.205 New Section223.206 New Section223.207 New Section223.208 New Section

223.209 New Section223.2 10 New Section223.220 New Section223.230 New Section223.240 New Section223.245 New Section

223.250 New Section223.255 New Section223.260 New Section223.265 New Section

223.270 New Section223.275 New Section223.280 New Section223.285 New Section

223.300 New Section

223.305 New Section

223.307 New Section

223.3 10 New Section

223.320 New Section223.330 New Section

223.340 New Section223.350 New Section ECiVo

223.360 New Section JUN

—

SOS-OCii PIV
4) Statutory Authority: 415 ILCS 5/27 and 28

5) Effective Date of Amendments: JUN -8 2009

6) Does this rulemaking contain an automatic repeal date? No

7) Do these amendments contain incorporations by reference? No

8) The adopted amendments, including any material incorporated by reference, are on file in

the Board’s Chicago office at the James R. Thompson Center, 100 W. Randolph, Suite

11-500 and are available for public inspection.

9) Notice of Proposal Published in Illinois Register:

November 7, 2008, 32 Ill. Reg17301

10) Has JCAR issued a Statement of Objections to these amendments? No11) Differences between proposal and final version:

Since First Notice publication in the Illinois Register, the proposal has been amended

only to reflect changes made in response to comments and testimony received by the

Board at hearing

12) Have all the changes agreed upon by the agency and JCAR been made as indicated in the

agreements letter issued by JCAR? Yes

13) Will these amendments replace emergency amendments currently in effect? No14) Are there any amendments pending on this Part? No

15) Summary and Purpose of Amendments:

These regulations were adopted in order to attain the new USEPA ozone NAAQS by 2010

and to protect the health of Illinois citizens. The regulations seek to reduce volatileorganic material emissions (“VOM”) from various consumer products, architectural andindustrial maintenance products. If adopted, the rule will take effect on July 1, 2009.

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

comprised of the various forms of consumer products used by individual households andsmall businesses. Together, these items emit about 10% of the total anthropogenic VOM

emissions from sources in Illinois.
Tim Fox

Illinois Pollution Control Board

100 W. Randolph 11-500

Chicago, IL 60601312-814-6085

Copies of the Board’s opinions and orders may be requested from the Clerk of the Board

at the address listed in #8 above or by calling 312/814-3620. Please refer to the Docket

number R08-17 in your request. The Board order is also available from the Board’s Web

site (www.ipcb.state.il.us)

The full text of the Adopted Rule begins on the next page:
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 Severability223.105 Abbreviations and Acronyms223.120 Incorporations by Reference

SUBPART B: CONSUMER AND COMMERCIAL PRODUCTS

Section

223.200 Purpose223.201 Applicability223.203 Definitions for Subpart B223.205 Standards

223.206 Diluted Products223.207 Products Registered under FIFRA223.208 Requirements for Aerosol Adhesives223.209 Requirements for Floor Wax Strippers

223.210 Products Containing Ozone-Depleting Compounds223.220 Requirements for Charcoal Lighter Material223.230 Exemptions223.240 Innovative Product Exemption

223.245 Alternative Compliance Plans223.250 Product Dating223.255 Additional Product Dating Requirements223.260 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
Perchioroethylene or Methylene Chloride

223.280 Calculating Illinois Sales

223.285 Test Methods

SUBPART C: ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS

Section

223.300 Purpose223.305 Applicability223.307 Definitions for Subpart C

223.3 10 Standards

223.320 Container Labeling Requirements223.330 Reporting Requirements

223.340 Compliance Provisions and Test Methods223.350 Alternative Test Methods223.360 Methacrylate Traffic Coating Markings

223.370 Test Methods

AUTHORITY: Implementing Section 10 and authorized by Sections 27 and 28 of theEnvironmental 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 SeverabilityIf any Section, subsection, or clause of this Part is found invalid, such finding shall not affect the

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

Section 223.105 Abbreviations and Acronyms

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

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

acronyms are used in this Part:

ACP Alternative Control Plan

Act Environmental Protection Act [415 ILCS 5]Agency Illinois Environmental Protection Agency
BAAQMD Bay Area Air Quality Management DistrictCARB California Air Resources Board

Degrees Celsius

CFCs ChiorofluorocarbonsCO2 Carbon Dioxide

Degrees Fahrenheit

FDA United States Food and Drug AdministrationFIFRA Federal Insecticide, Fungicide, and Rodenticide Act (7 USC

136 through l36y)

FRP Fiberglass reinforced plastic

HVOM High Volatility Organic MaterialHCFCs Hydrochlorofluorocarbons

HFCs HydrofluorocarbonsLVP-VOM Low Vapor Pressure-Volatile Organic MaterialMVOM Medium Volatility Organic Material

N2 Nitrogen

N20 Nitrous Oxide

OER Original Equipment Manufacturer

PCBTF ParachlorobenzotrifluorideROC Reactive Organic CompoundROG 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).
Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings,

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

d) 40 CFR 82, subpart A, appendix A, Class I Controlled Substances, 68 Fed. Reg.

42892 (July 18, 2003) and appendix B, Class II Controlled Substances, 68 Fed.Reg. 2859 (January 21, 2003).

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

1996).

f) ASTM International, 100 Barr Harbor Drive, P0 Box C700, West Conshohocken

PA 19428-2959.

1) ASTM El 19-05a, Standard Test Methods for Fire Tests of Building

Construction and Materials, approved November 1, 2005.

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

approved May 10, 1999.

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

Formation of Organic Coatings at Room Temperature, approvedDecember 1, 2003.

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

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

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

in Light-Water Nuclear Power Plants, approved 2002.

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

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

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

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

Products, approved October 1, 2003.

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

of Building Materials, approved 2007.
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 303-9 1, Determination of Exempt Compounds, revised

February 1993.

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

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

4) SCAQMD Rule 1174, Ignition Method Compliance Certification Protocol

(adopted October 5, 1990).

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

CA 94109.

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

Determination of Volatile Methylsiloxanes in Solvent-Based Coatings,

Inks, and Related Materials, proposed amendment February 4, 2004.
Solvent-Based Coatings and Related Materials Containing

Parachlorobenzotrifluoride, proposed amendment February 4, 2004.

i) California Air Resources Board (CARB) Method 310, Determination of Volatile

Organic Compounds in Consumer Products and Reactive Organic Compounds in

Aerosol Coating Products, amended May 5, 2005. California Air Resources

Board, 1001 I Street, P0 Box 2815, Sacramento CA 95812.

j) California Code of Regulations (CCR), title 17 § 94509(h), Standards for

Consumer Products (2005).

k) California Code, Health and Safety Code, § 417 12(h)(2) (2005).

1) 17 CCR Article 4, Alternate Control Plan § 94540-94555 (1996).

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

n) 17 CCR § 94503.5, Innovative Products (1996).

o) 7 USC 136 to 136y, FIFRA, Environmental Pesticide Control, published January

19, 2004, in Supplement III of the 2000 Edition of the United States Code.

p) Federal Specification MMM-A-181D, Adhesives, Phenol, Resorcinol, or

Melamine Base (1980).

SUBPART B: CONSUMER AND COMMERCIAL PRODUCTS

Section 223.200 Purpose

The purpose of this Subpart is to limit emissions of volatile organic materials (VOMs) by

requiring reductions in the VOM content of consumer and commercial products.Section 223.201 Applicability

Except as provided in Section 223.230, this Subpart shall apply to any person who sells,

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

Illinois.

Section 223.203 Definitions for Subpart B
The definitions contained in this Section apply only to the provisions of this Subpart. Unlessotherwise defined in this Section, the definitions of terms used in this Subpart shall have themeanings specified for those terms in 35 Ill. Adm. Code 211.

“Adhesive” means any product that is used to bond one surface to another by

attachment. This does not include products used on humans and animals,adhesive tape, contact paper, wallpaper, shelf liners, or any other product with an

adhesive incorporated onto or in an inert substrate. For “Contact Adhesive”,adhesive does not include units of product, less packaging, that consist of more

than one gallon. For “Construction, Panel, and Floor Covering Adhesive”, and

“General Purpose Adhesive”, “Adhesive” does not include units of product, less

packaging, that weigh more than one pound and consist of more than 16 fluid

ounces. This limitation does not apply to aerosol adhesives.

“Adhesive Remover” means a product designed to remove adhesive from either a

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

include products that remove adhesives intended exclusively for use on humans oranimals.

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 thepurpose 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. Productslabeled for dual use as a paint stripper and gasket remover and/or thread

locking adhesive remover are considered “Gasket or Thread LockingAdhesive Remover”.

“General Purpose Adhesive Remover” means a product designed or

labeled to remove cyanoacrylate adhesives as well as non-reactiveadhesives or residue from a variety of substrates. “General Purpose

Adhesive Remover” includes, but is not limited to, the following: products
dextrine or starchbased adhesives, casein glues, rubber or latex-basedadhesives, 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 notinclude “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 applicationwithout 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 homeuse, use in structural pest control, or industrial or institutional use. For thepurposes 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];
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 notinclude 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 offeredfor sale through institutional and industrial channels of distribution. To determinewhether 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 area “LVP-VOM”.

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

VOM standard is specified. Unless specified otherwise by the applicable VOM

standard, “All Other Forms” include, but is not limited to, solids, liquids, wicks,

powders, crystals, and cloth or paper wipes (towelettes).

“Alternative Control Plan” or “ACP” means any emissions averaging program

approved by the Agency pursuant to the provisions of this Subpart.

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

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

activity. This includes, but is not limited to, antimicrobial hand or body
pre-operative skin preparations and surgical scrubs. “Antimicrobial Hand orBody Cleaner or Soap” does not include prescription drug products,

antiperspirants, “AstringentlToner”, deodorant, “Facial Cleaner or Soap”,

“General-use Hand or Body Cleaner or Soap”, “Hand Dishwashing Detergent”

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

Astringent/Medicated Toner”, or “Rubbing Alcohol”.

“Antiperspirant” means any product, including, but not limited to, aerosols, roll

ons, sticks, pumps, pads, creams, and squeeze-bottles, that is intended by the

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

percent in at least 50 percent of a target population.

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

inhibit the accumulation of static electricity. “Anti-Static Product” does notinclude “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 fixedmechanical equipment or stationary tools, lampposts, partitions, pipes and piping

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

escapes, and window screens.

“Architectural Coating” means a coating to be applied to stationary structures or

the appurtenances at the site of installation, to portable buildings at the site of

installation, to pavements, or to curbs. Coatings applied in shop applications or to

non-stationary structures such as airplanes, ships, boats, railcars, and automobiles,

and adhesives are not considered “Architectural Coatings” for the purposes of this

Subpart.

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

States Food and Drug Administration (FDA) that is applied to the skin for thepurpose 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, andis a solid at room temperature, and contains 0% water by formulation.

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

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

product being allowed to dry.

“Automotive Rubbing or Polishing Compound” means a product designed

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

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

barrier.

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

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

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

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

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

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

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

bare metal, chrome, glass, or plastic.

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

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

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

placed by the manufacturer in a new vehicle.

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

bathrooms. The term does not include products designed primarily to clean toiletbowls, 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 thefinish: 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 motorvehicles and/or on household furniture or objects upholstered or covered withfabrics 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 facilitiesengaged in furniture or carpet manufacturing.

“Charcoal Lighter Material” means any combustible material designed to be

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

The term does not include any of the following: electrical starters and probes,metallic cylinders using paper tinder, natural gas, propane, and fat wood.

“Colorant” means any pigment or coloring material used in a consumer product

for an aesthetic effect or to dramatize an ingredient.

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

adhesive that is designed exclusively for the installation, remodeling,

maintenance, or repair of structural and building components that include, but arenot limited to, beams, trusses, studs, paneling (including, but not limited to,drywall or drywall laminates, fiberglass reinforced plastic (FRP), plywood,

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

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

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

limited to, wood or simulated wood covering, carpet, carpet pad or cushion, vinyl

backed carpet, flexible flooring material, nonresilient flooring material, mirrortiles 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 aconsumer 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, homelawn and garden products, disinfectants, sanitizers, aerosol paints, and automotivespecialty 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 woodveneer 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 paneland other accompanying literature or graphics are incorporated, etched, printed orattached.
“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 usedexclusively on humans or animals, or any house dust mite product. For the

purposes of this definition only:

“House dust mite product” means a product whose label, packaging, or

accompanying literature states that the product is suitable for use against

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

against ants, cockroaches, or other household crawling arthropods.

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

the home by humans and pets and that belong to the phylum Arthropoda,the subphylum Chelicerata, the class Arachnida, the subclass Acari, the

order Astigmata, and the family Pyroglyphidae.

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

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

“Deodorant” means:

For products manufactured before July 1, 2009: any product including, butnot limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and

squeeze-bottles that is intended by the manufacturer to be used to

minimize odor in the human axilla by retarding the growth of bacteria that

cause the decomposition of perspiration.

For products manufactured on or after July 1, 2009: any product including,

but not limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and

squeeze-bottles that indicates or depicts on the container or packaging, or

on any sticker or label affixed to the container or packaging, that theproduct can be used on or applied to the human axilla to provide a scentand/or minimize odor. A “Deodorant Body Spray” product that indicatesor depicts on the container or packaging, or on any sticker or label affixedto the container or packaging, that it can be used on or applied to the

human axilla is a “Deodorant”.

“Deodorant Body Spray” means:
Product” with 20 percent or less fragrance.

For products manufactured on or after July 1, 2009, a “Personal FragranceProduct” 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” doesnot include any of the following products designed solely for use on humans or

animals, products designed for agricultural use, products designed solely for usein swimming pools, therapeutic tubs, or hot tubs, products that, as indicated on the

principal display panel or label, are designed primarily for use as bathroom andtile 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 notinclude “Spot Remover” or “Carpet and Upholstery Cleaner”. For the purposes of

this definition, “S-coded fabric” means an upholstery fabric designed to be
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 cleanthe 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 precisionequipment such as circuit boards, and the internal components of electronicdevices, including, but not limited to, radios, compact disc (CD) players, digital

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

“General Purpose Cleaner”, “General Purpose Degreaser”, “Dusting Aid”,

“Pressurized Gas Duster”, “Engine Degreaser”, “Electrical Cleaner”, “Energized

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

casings or housings of electronic equipment.

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

criteria:

The product is labeled to clean and/or degrease electrical equipment,where cleaning and/or degreasing is accomplished when electrical currentexists, 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”.
oil and other contaminants from the external surfaces of engines and othermechanical parts.

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

sold, supplied, manufactured, or offered for sale in Illinois prior to July 1, 2009 or

any subsequently introduced identical formulation.

“Fabric Protectant” means a product designed to be applied to fabric substrates to

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

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

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

for use solely on fabrics labeled “dry clean only” and sold in containers of 10fluid 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” doesnot include “Anti-static Product”, “Carpet and Upholstery Cleaner”, “Soft

Household Surface Sanitizers”, “Footwear or Leather Care Product”, “Spot

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

human skin.

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

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

listed surfaces above whose label is registered as a sanitizer under theFederal 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 prescriptiondrug 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
impregnated wood-based products.

“Faux Finishing Coating” means a coating labeled and formulated as a stain or a

glaze to create artistic effects including, but not limited to, dirt, old age, smokedamage, and simulated marble and wood grain.

“Flea and Tick Insecticide” means any insecticide product that is designed for use

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

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

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

seamless vinyl and vinyl composite flooring.

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

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

other horizontal surfaces that may be subjected to foot traffic.

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

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

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

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

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

architectural coatings regulations.

“Floor Seam Sealer” means any product designed and labeled exclusively for

bonding, fusing, or sealing (coating) seams between adjoining rolls of installedflexible 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 bydissolving 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 oranimals, or any moth-proofing product.
product whose label, packaging, or accompanying literature indicates thatthe product is designed to protect fabrics from damage by moths, but doesnot 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 20°C, the sole purpose of which is to impart an

odor or scent, or to counteract a malodor.

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

product designed for the purpose of polishing, protecting or enhancing finishedwood 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
ceramics, plastics, rubbers, or vinyls), or adhesives designed exclusively for use

on one specific category of articles (i.e., articles that may be composed ofdifferent 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 incertain 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 orRelated Equipment”, or products that are sold exclusively to establishments that

manufacture or construct goods or commodities, and labeled “not for retail sale”.

“Solvent Cleaning Tanks or Related Equipment” includes, but is not

limited to, cold cleaners, vapor degreasers, conveyorized degreasers, filmcleaning 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 BodyCleaner or Soap”, “AstringentlToner”, “Facial Cleaner or Soap”, “Hand

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

Soap”, “Medicated AstringentJMedicated Toner”, or “Rubbing Alcohol”.

“Glass Cleaner” means a cleaning product designed primarily for cleaning

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

the purpose of cleaning optical materials used in eyeglasses, photographicequipment, 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 July 1, 2009, a consumer product

designed primarily for the purpose of dispensing droplets of a resin on and

into a hair coiffure that will impart sufficient rigidity to the coiffure to

establish or retain the style for a period of time.

For products manufactured on or after July 1, 2009, a consumer productthat 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” meansforming, sculpting, or manipulating the hair to temporarily alter the hair’s

shape.

“Hair Styling Gel” means a consumer product manufactured before July 1, 2009

that is a high viscosity, often gelatinous, product that contains a resin and is

designed for application to hair to aid in styling and sculpting of the hair coiffure.
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 ofa 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/orholding of previously styled hair for a period of time. For the purposes of this

Subpart, “styling” means forming, sculpting, or manipulating the hair to

temporarily alter the hair’s shape.

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

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

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

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

products, “Antimicrobial Hand or Body Cleaner or Soap”, “Astringent/Toner”,

“Facial Cleaner or Soap”, “General-use Hand or Body Cleaner or Soap”,

“Medicated Astringent/Medicated Toner” or “Rubbing Alcohol”.“Herbicide” means a pesticide product designed to kill or retard a plant’s growth,

but excludes products that are for agricultural use, or restricted materials thatrequire a permit for use and possession.

“High Volatility Organic Material” or “HVOM” or “High Volatility Organic

Compound” or “HVOC” means any volatile organic material or volatile organiccompound that exerts a vapor pressure greater than 80 millimeters of Mercury

(mm Hg) when measured at 20°C.

“Household Product” means any consumer product that is primarily designed to

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

intended for occupation by individuals, including the immediate surroundings.

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

container, per year) in Illinois for either the calendar year immediately prior to theyear that the registration is due or, if that data is not available, any consecutive 12month period commencing no earlier than two years prior to the due date of the
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’ tor “Industrial and Institutional (I&I) Product” means a

consumer product that is designed for use in the maintenance or operation of anestablishment that manufactures, transports, or sells goods or commodities, or

provides services for profit, or is engaged in the nonprofit promotion of aparticular 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 themanufacture or construction of the goods or commodities at the site of the

establishment.

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

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

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

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

contents of the package.

“Lacquer” means a clear or opaque wood coating, including clear lacquer sanding

sealers, formulated with cellulosic or synthetic resins to dry by evaporation

without chemical reaction and to provide a solid, protective film.

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

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

laundry detergents and/or provides specialized performance.
‘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 lookand may also act to help ease ironing of the fabric. This includes, but is notlimited 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 “Lawnand Garden Insecticides” may claim to kill insects or other arthropods.

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

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

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

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

composed entirely of solid particles.

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

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

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

power generating motors, engines, and turbines, and their associated 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 orcommodities, 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 (inpounds, excluding container and packaging), expressed to the nearest 0.1.

“LVP-VOM” or “LVP-VOC” means a chemical material or mixture or compound

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

Has a vapor pressure less than 0.1 mm Hg at 20°C, as determined by

CARB Method 310, incorporated by reference in Section 223.120; or

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

chemical mixture comprised solely of material or a compound with more

than 12 carbon atoms as verified by formulation data, and the vaporpressure and boiling point are unknown; or
Is a chemical material or compound with a boiling point greater than

2 16°C, as determined by CARB Method 310, incorporated by reference inSection 223.120; or

Is the weight percent of a chemical mixture that boils above 2 16°C, asdetermined by CARB Method 310, incorporated by reference in Section

223. 120.For the purposes of this definition, chemical material or compound meansa molecule of definite chemical formula and isomeric structure, and

chemical mixture means a substrate comprised of two or more chemicalmaterials 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 tighteningpores. This includes, but is not limited to, clarifiers and substrate-impregnated

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

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

purchased with a doctor’s prescription.

“Medium Volatility Organic Material” or “MVOM” or “Medium Volatility

Organic Compound’ or “MVOC” means any volatile organic material or volatile

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

than or equal to 80 mm Hg when measured at 20°C.

“Metal PolishlCleanser” means any product designed primarily to improve the

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

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

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

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

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

“Automotive Wax, Polish, Sealant or Glaze”, wheel cleaner, “Paint Remover or

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

detailing, or products designed for use in degreasing tanks.

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

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

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

adhesive to the substrate.
“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) onsurfaces, 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, orthinning, 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 includesolvents 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 andconcrete.
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 solidfilm after application and is used for protection, decoration or identification, or to

serve some functional purpose such as the filling or concealing of surfaceirregularities or the modification of light and heat radiation characteristics.

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

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

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

brush cleaners, products designed and labeled exclusively as “Graffiti Removers”,

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

from skin.

“Penetrant” means a lubricant designed and labeled primarily to loosen metal

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

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

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

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

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

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

“Deodorant”; medicated products designed primarily to alleviate fungal or

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

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

products used primarily to alleviate skin conditions such as dryness and

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

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

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

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

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

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

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

“Pesticide” will not include any substance, mixture of substances, or device the
pesticide.

“Photograph Coating” means a coating designed and labeled exclusively to be

applied to finished photographs to allow corrective retouching, protection of theimage or changes in gloss level, or to cover fingerprints.

“Pressurized Gas Duster” means a pressurized product labeled to remove dust

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

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

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

Aid”.

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

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

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

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

“Principal Display Panel” shall pertain to all such “Principal Display Panels”.

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

principal display panel of the product.

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

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

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

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

as follows:

A = Aerosol Product

S = Solid

P Pump SprayL = 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.
the container are not under pressure and in which the product is expelled only

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

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

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

establishments, the “Responsible ACP Party” is the party the ACP product was

“manufactured for” or “distributed by”, as noted on the label.“Restricted Materials” means pesticides established as restricted materials under

applicable Illinois statutes or regulations.

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

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

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

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

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

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

magnesium wheel cleaners, and tire cleaners that do not leave an 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 a clear or semi-transparent wood coating labeled and

formulated for application to bare wood to seal the wood and to provide a coatthat 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 betweentwo surfaces. This does not include roof cements and roof sealants, insulating
compounds, floor seam sealers, products designed exclusively for automotive

uses, or sealers that are applied as continuous coatings. The term also does notinclude units of product, less packaging, that weigh more than one pound andconsist 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 tosix month time intervals. “Clear/paintable/water resistant caulking

compound” means a compound that contains no appreciable level ofopaque fillers or pigments; transmits most or all visible light through thecaulk when cured; is paintable; and is immediately resistant to

precipitation upon application.

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

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

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

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

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

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

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

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

“Silicone-Based Multi-Purpose Lubricant” means any lubricant designed and

labeled to provide lubricity primarily through the use of silicone compounds

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

general purpose lubrication, or for use in a wide variety of applications. The termdoes 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
Resources Board.

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

the following definitions:

“Mounting Adhesive” means an aerosol adhesive designed to permanently

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

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

artwork.

“Flexible Vinyl Adhesive” means an aerosol adhesive designed to bond

flexible vinyl to substrates. Flexible vinyl means a nonrigid polyvinyl

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

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

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

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

by reference in Section 223.120, or from product formulation data or anequivalent 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.
sheet materials that consist of paper, fabric, or other core material

that have been laminated at temperatures exceeding 265°F, and atpressures 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 requireoil 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, andclothing, that does not require subsequent laundering to achieve stain removal.

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 thatconforms with Federal Specification MMM-A-181D (Type 1, Grade A),

incorporated by reference in Section 223.120, and MIL-A-4605 (Type A, Grade Aand Grade C), per the Federal Consumer Products Regulation (40 CFR 59,

subpart C), incorporated by reference in Section 223.120.

“Terrestrial” means to live on or grow from land.

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

temporarily inflate and seal a leaking tire.

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

and/or to deodorize toilet bowls, toilet tanks, or urinals. Toilet bowls, toilet tanks,or urinals include, but are not limited to, toilets or urinals connected to permanent

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

temporary or remote locations, and toilets or urinals in vehicles such as buses,
“Bathroom and Tile Cleaner” or “General Purpose Cleaner”.“Type A Propellant” means a compressed gas, such as C0 2,N2,N20, or

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

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

“Type B Propellant” means any halocarbon that is used as a propellant, including

chlorofluorocarbons (CFCs), hydrochiorofluorocarbons (HCFCs), and

hydrofluorocarbons (HFCs).

“Type C Propellant” means any propellant that is not a Type A or Type B

propellant, including propane, isobutane, n-butane, and dimethyl ether (also

known as dimethyl oxide).

“Undercoating” means any aerosol product designed to impart a protective, 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 pursuantto Section 223.285(a) and (b).

For charcoal lighter material products only,

VOC Content

= (Certified Emissions x 100)

Certified Use Rate

Certified

Emissions = The emissions level for products approved by the Agency

under Section 223.220, as determined pursuant to South

Coast Air Quality Management District Rule 1174, IgnitionMethod Compliance Certification Protocol (February 27,

1991), incorporated by reference at Section 223.120,
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 MethodCompliance Certification Protocol (February 27, 1991),

incorporated by reference at Section 223.120, expressed to

the nearest 0.00 1 pound certified product used per start.

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

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

specified in Section 223.340(a).

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

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

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

place.

“Waterproofer” means a product designed and labeled exclusively to repel water

from fabric or leather substrates, excluding “Fabric Protectants”.

“Wax” means a material or synthetic thermoplastic substance generally of high

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

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

limited to, substances derived from the secretions of plants and animals such ascarnuba 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. Theterm does not include “Dusting Aid”, “General Purpose Cleaner”, “Furniture

Maintenance Product”, “Floor Wax Stripper”, “Floor Polish or Wax”, or productsdesigned and labeled exclusively to preserve or color wood.

“Wood Floor Wax” means wax-based products for use solely on wood floors.
a) Except as provided in Section 223.207, 223.230, 223.240, or 223.245, no person

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

product manufactured on or after July 1, 2009 that contains VOMs in excess of

the limits specified in this subsection:

Affected Product % VOM by Weight

1) Adhesives — Spray

A) Mist Spray 65

B) Web Spray 55

C) Special Purpose Spray Adhesives

i) Mounting, Automotive Engine 70

Compartment, and Flexible Vinyl

ii) Polystyrene Foam and Automotive 65

Headliner

iii) Polyolefin and Laminate 60

Repair/Edgebanding

2) Adhesives — Construction, Panel, and Floor Contact 15

3) Adhesives — General Purpose 10

4) Adhesives — Structural Waterproof 15

5) Air Fresheners

A) Single Phase Aerosol 30

B) Double Phase Aerosol 25
D) Solids/Gel 3

6) Antiperspirants

A) Aerosol 40 HVOM

10 HVOM

B) Non-Aerosol 0 MVOM

0 MVOM

7) Automotive Brake Cleaners 45

8) Automotive Rubbing or Polishing Compound 17

9) Automotive Wax, Polish, Sealant, or Glaze

A) Hard Paste Waxes 45

B) Instant Detailers 3

C’) All OtherForms 15

10) Automotive Windshield Washer Fluids 35

11) Bathroom and Tile Cleaners

A) Aerosol 7

B) All Other Forms 5

12) Bug and Tar Remover 40

13) Carburetor or Fuel-Injection Air Intake Cleaners 45

14) Carpet and Upholstery Cleaners

A) Aerosol 7
C) Non-Aerosol (Ready-to-Use) 3.0

15) Charcoal Lighter Material see Section 223.220

16) Cooking Spray — Aerosol 18

17) Deodorants

A) Aerosol 0 HVOM

10 HVOM

B) Non-Aerosol 0 MVOM

0 MVOM

18) Dusting Aids

A) Aerosol 25

B) All Other Forms 7

19) Engine Degreasers

A) Aerosol 35B) Non-Aerosol 5

20) Fabric Protectants 60

21) Floor Polishes/Waxes

A) Products for Flexible Flooring Materials 7B) Products for Nonresilient Flooring 10C) Wood Floor Wax 90

22) Floor Wax Strippers see Section 223.209
A) Aerosol 17B) All Other Forms Except Solid or Paste 7

24) General Purpose Cleaners

A) Aerosol 10

B) Non-Aerosol 4

25) General Purpose Degreasers

A) Aerosol 50

B) Non-Aerosol 4

26) Glass Cleaners

A) Aerosol 12B) 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
C) Flea and Tick 25

D) Flying Bug (Aerosol) 25

E) Flying Bug (All Other Forms) 35

F) Foggers 45

G) Lawn and Garden (Aerosol) 20

H) Lawn and Garden (All Other Forms) 3

I) Wasp and Hornet 40

33) Laundry Prewash

A) Aerosols/Solids 22B) All Other Forms 5

34) Laundry Starch Products 5

35) Metal Polishes/Cleansers 3036) Multi-Purpose Lubricant

(Excluding Solid or Semi-Solid Products) 50

37) Nail Polish Removers 7538) Non-Selective Terrestrial Herbicide — Non-Aerosol 3

39) Oven Cleaners

A) Aerosols/Pump Sprays 8
40) Paint Removers or Strippers 50

41) Penetrants 50

42) Rubber and Vinyl Protectants

A) Aerosol 10B) 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 23B) Non-Aerosol 8

47) Tire Sealants and Inflators 20

48) Undercoatings — Aerosols 40

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

or after July 1, 2009, any antiperspirant or deodorant that contains any compoundlisted below:

B enzeneEthylene Dibromide

Ethylene Dichloride
Asbestos

Cadmium (metallic cadmium and cadmium compounds)

Carbon Tetrachioride

TrichioroethyleneChloroformVinyl ChlorideInorganic Arsenic

Nickel (metallic nickel and inorganic nickel compounds)

PerchioroethyleneFormaldehyde

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

product only after the minimum recommended dilution has taken place.

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

dilution shall not include recommendations for incidental use of a concentrated

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

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

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

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

maximum recommended dilution has taken place.

Section 223.207 Products Registered under FIFRA

For those consumer products that are registered under the Federal Insecticide, Fungicide, andRodenticide Act (FIFRA, 7 USC 136 through 136y), incorporated by reference in Section

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

Section 223.208 Requirements for Aerosol Adhesives

a) As specified in California Code § 417 12(h)(2), incorporated by reference in

Section 223.120, the standards for aerosol adhesives apply to all uses of aerosoladhesives, 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 inexcess 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 productshall 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).
for use in Illinois any aerosol adhesive that contains any of the followingcompounds: methylene chloride, perchloroethylene, or trichloroethylene.

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

Section 223.265.

Section 223.209 Requirements for Floor Wax Strippers

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

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

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

light or medium build-up of polish that results in an as-used VOM concentrationof 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 VOMconcentration of 12% by weight or less; and

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

specifically required, as long as comparable terminology is used.

Section 223.210 Products Containing Ozone-Depleting Compounds

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

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

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

compounds:

1) Trichiorofluoromethane (CFC-1 1);

2) Dichlorodifluoromethane (CFC- 12);3) 1,1,1 -trichloro-2,2,2-trifluoroethane (CFC- 113);

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

5) Chloropentafluoroethane (CFC-1 15);
6) Bromochiorodifluoromethane (Halon 1211);

7) Bromotrifluoromethane (Halon 1301);

8) Dibromotetrafluoroethane (Halon 2402);

9) Chiorodifluoromethane (HCFC-22);

10) 2,2-dichioro- 1,1,1 -trifluoroethane (HCFC- 123);11) 2-chloro- 1,1,1 ,2-tetrafluoroethane (HCFC- 124);

12) 1,1 -dichioro- 1 -fluoroethane (HCFC- 14 lb);13) 1 -chioro- 1,1 -difluoroethane (HCFC- 1 42b);

14) 1,1,1 -trichioroethane; and15) Carbon tetrachioride.

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

formulation existing as of July 1, 2009 that complies with Section 223.205(a) or isreformulated to meet Section 223.205(a), provided the ozone-depleting compound

content of the reformulated product does not increase.

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

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

an amount equal to or less than 0.0 1% by weight of the product.

Section 223.220 Requirements for Charcoal Lighter Material

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

lighter material product unless, at the time of the transaction, the manufacturercan 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.
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 useoutside 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 vaporpressure of two mm Hg or less at 20°C.

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

VOM.

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

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

7 USC 136 through 136y).
that are comprised entirely of fragrance, less compounds not defined as VOMsunder 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 Section223.205(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 theAgency a copy of the CARB Innovative Product exemption decision (i.e., the

Executive Order), including all conditions established by the CARB applicable tothe exemption.

b) Recordkeeping and Availability of Requested Information.

1) All information specified in the Innovative Product exemption approving

an Innovative Product application shall be maintained by the responsible

party for a minimum of three years after the expiration of the exemption.The records shall be clearly legible and maintained in good condition

during this period.

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

Agency, or its authorized representative, upon request.
Section 223.245 Alternative Compliance Plans

a) The purpose of this Section is to provide an alternative method to comply with the

limits in Section 223.205(a). This alternative is provided by allowing responsible

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

products, as specified in this Subpart. Only responsible ACP parties for consumerproducts 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 inSection 223.205(a) for the period of time that the CARB ACP Agreement remainsin effect, provided that all ACP products used for emissions credits within the

CARB ACP Agreement are contained in Section 223.205(a). Any manufacturerclaiming such an ACP Agreement on this basis must submit to the Agency a copy

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

established by the CARB applicable to the exemption.

c) Recordkeeping and Availability of Requested Information.

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

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

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

maintained in good condition during this period.

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

Agency or its authorized representative upon request.

Section 223.250 Product Dating

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

clearly display on each consumer product container or package the day, month,and year on which the product was manufactured, or a code indicating such date.

b) A manufacturer who uses the following code to indicate the date of manufacture

shall not be subject to the requirements of Section 223.255(a), if the code is

represented separately from other codes on the product container so that it is

easily recognizable:
Where:

YY = Two digits representing the year in which the product was

manufactured

DDD = Three digits representing the day of the year on which the

product was manufactured, with “001’ representing the first

day of the year, “002” representing the second day of the year,and so forth (i.e., the “Julian date”)

c) This date or code shall be displayed on each consumer product container or

package no later than the effective date of the applicable standard specified in

Section 223.205(a).

d) The date or date-code information shall be located on the container or inside the

cover/cap so that it is readily observable or obtainable by simply removing the

cap/cover without ineversibly disassembling any part of the container orpackaging. For the purposes of this subsection, information may be displayed onthe bottom of a container as long as it is clearly legible without removing anyproduct packaging.

e) The requirements of this Section shall not apply to products containing no VOMs

(as defined in Section 223.203), or containing VOMs at 0.10% by weight or less.

Section 223.255 Additional Product Dating Requirements

a) No person shall erase, alter, deface, or otherwise remove or make illegible any

date or code indicating the date of manufacture from any regulated product

container without the express authorization of the manufacturer. No manufacturer

shall affix a date-code that is not true for the date the item was manufactured.

b) Date-code explanations for codes indicating the date of manufacture are public

information and may not be claimed as confidential.

Section 223.260 Most Restrictive Limit

a) Products manufactured before July 1, 2009, and FIFRA-registered insecticides

manufactured before July 1, 2010.
anywhere on the principal display panel of any consumer product manufactured

before July 1, 2009 or any FIFRA-registered insecticide manufactured beforeJuly 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 specifiedin Section 223.205(a), then the lowest VOC limit shall apply. This requirement

does not apply to general purpose cleaners, antiperspirant/deodorant products andinsecticide foggers.

b) Products manufactured on or after July 1, 2009 and FIFRA-registered insecticides

manufactured on or after July 1, 2010. Notwithstanding the definition of product

category in Section 223.203, if, anywhere on the container or packaging of any

consumer product manufactured on or after July 1, 2009 or any FIFRA-registered

insecticide manufactured on or after July 1, 2010 or on any sticker or label affixed

to the container or packaging, any representation is made that the product may beused 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/deodorantproducts and insecticide foggers.

Section 223.265 Additional Labeling Requirements for Aerosol Adhesives, Adhesive

Removers, Electronic Cleaners, Electrical Cleaners, Energized Electrical Cleaners, and

Contact Adhesives

a) In addition to the requirements specified in Sections 223.250, 223.260, and

223.270, both the manufacturer and responsible party for each aerosol adhesive,

adhesive remover, electronic cleaner, electrical cleaner, energized electrical

cleaner, and contact adhesive product subject to this Subpart shall ensure that all

products clearly display the following information on each product container

manufactured on or after July 1, 2009.

1) The product category as specified in Section 223.205(a) or an abbreviation

of the category shall be displayed.

2) The applicable VOM standard for the product that is specified in Section

223 .205(a) except for energized electrical cleaner, expressed as apercentage by weight, shall be displayed unless the product is included in

an alternative control plan approved by the Agency, as provided inSections 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 substrateand/or application that qualifies the product as special purpose shall be

displayed.

5) If the manufacturer or responsible party uses an abbreviation as allowed

by this Section, an explanation of the abbreviation must be filed with the

Agency before the abbreviation is used.

b) The information required in Section 223.250(a) shall be displayed on the product

container such that it is readily observable without removing or disassembling any

portion of the product container or packaging. For the purposes of this

subsection, information may be displayed on the bottom of a container as long as

it is clearly legible without removing any product packaging.

c) No person shall remove, alter, conceal, or deface the information required in

subsection (a) prior to final sale of the product.

Section 223.270 Reporting Requirements

a) Within 90 days after written request by the Agency, a responsible party must

submit to the Agency any of the following information:

1) The name, address, and telephone number of the responsible party and the

name and telephone number of the party’s designated contact person;

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

A) The product brand name;

B) The product label;C) The product category to which the consumer product belongs;
E) An identification of the product as a household product,

institutional product, or both;

3) Separate Illinois sales in pounds per year, to the nearest pound, and the

method used to calculate Illinois sales for each product form;

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

each company that is submitting relevant data separate from that submitted

by the responsible party. All information from each company shall be

submitted by the date requested by the Agency;

5) For each product brand name and form, the net percent by weight of the

total product, less container and packaging, comprised of the following,

rounded to the nearest 0.1%:A) Total Section 223.205(a) compounds;

B) Total LVP-VOMs that are not fragrances;

C) Total all other carbon-containing compounds that are not

fragrances;

D) Total all non-carbon-containing compounds;E) Total fragrance;

F) For products containing greater than 2% by weight fragrance:

i) The percent of fragrance that is LVP-VOMs; and

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

compounds; and

G) Total paradichlorobenzene;

6) For each product brand name and form, the identity, including the specific

chemical name and associated Chemical Abstract Services (CAS) number,

of the following:
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; andB) 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 netpercent 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 theselling of each such product in Illinois.

Section 223.275 Special Recordkeeping Requirements for Consumer Products that

Contain Perchioroethylene or Methylene Chloride

a) The requirements of this Section shall apply to all responsible parties for

consumer products that are subject to Section 223.205(a) and contain

perchloroethylene or methylene chloride and energized electrical cleaners asdefined in Section 223.203 that contain perchioroethylene or methylene chloride.

For the purposes of this Section, a product “contains perchloroethylene or

methylene chloride” if the product contains 1.0% or more by weight (exclusive of

the container or packaging) of either perchloroethylene or methylene chloride.

b) For each consumer product that contains perchioroethylene or methylene chloride,

within 90 days after written request by the Agency, the responsible party shall

report the following information for products sold in Illinois:
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 orpackaging), and the method used for calculating the Illinois sales; and

5) The weight percent, to the nearest 0.1%, of perchioroethylene and

methylene chloride in the consumer product.

Section 223.280 Calculating Illinois Sales

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

regional sales data by population.Section 223.285 Test Methods

a) Testing to determine compliance with the requirements of this Subpart shall be

performed using CARB Method 310, Determination of Volatile Organic Materials

(VOM) in Consumer Products, which is incorporated by reference in Section

223. 120.

b) Compliance with the requirements of this Subpart may also be demonstrated

through calculation of the VOM content from records of the amounts of

constituents used to make the product pursuant to the following criteria:

1) Accurate manufacturing records shall be kept for each day of production

of the amount and chemical composition of the individual productconstituents;

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; andC) “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 netweight of unit excluding container and packaging and the product,multiplied by 100 as in the formula below:

VOM Content

= B C

X 100

A

5) If product records appear to demonstrate compliance with the VOM limits,

but these records are contradicted by product testing performed using

CARB Method 310, the results of CARB Method 310 shall take

precedence over the product records and may be used to establish aviolation of the requirements of this Subpart.

c) Testing to determine whether a product is a liquid or solid shall be performed

using ASTM D4359-90, which is incorporated by reference in Section 223.120, or

an equivalent method approved by the CARB.

d) Testing to determine compliance with the certification requirements for charcoal

lighter material shall be performed using the procedures specified in the

SCAQMD Test Protocol Rule 1174, Ignition Method Compliance Certification

Protocol, which is incorporated by reference in Section 223.120.

e) Testing to determine distillation points of petroleum distillate-based charcoal

lighter materials shall be performed using ASTM D86-07b, which is incorporated

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

f) No person shall create, alter, falsify, or otherwise modify records in such a way

that the records do not accurately reflect the constituents used to manufacture aproduct, 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 ApplicabilityThis Subpart is applicable to any person who supplies, sells, offers for sale, or manufactures any

architectural coating for use within the State of Illinois, as well as any person who applies or

solicits the application of any architectural coating within Illinois. This Subpart does not apply

to:

a) Any architectural coating that is sold or manufactured for use outside of the State

of Illinois or for shipment to other manufacturers for reformulation or

repackaging.

b) Any aerosol coating product.

c) Any architectural coating that is sold in a container with a volume of one liter

(1.057 quart) or less.

Section 223.307 Definitions for Subpart C

The definitions contained in this Section apply only to the provisions of this Subpart. Unlessotherwise 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 inspecialized equipment for ground traffic/marking applications.
application to equipment and associated structural appurtenances that are used to

receive or transmit electromagnetic signals.

“Antifouling Coating” means a coating labeled and formulated for application to

submerged stationary structures and their appurtenances to prevent or reduce the

attachment of marine or freshwater biological organisms. To qualify as an

“Antifouling Coating”, the coating must be registered with USEPA under the

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

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

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

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

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

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

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

escapes, and window screens.

“Architectural Coating” means a coating to be applied to stationary structures or

the appurtenances at the site of installation, to portable buildings at the site of

installation, to pavements, or to curbs. Coatings applied in shop applications or to

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

automobiles, and adhesives are not considered architectural coatings for the

purposes of this Subpart.

“Bitumens” means black or brown materials including, but not limited to, asphalt,

tar, pitch, and asphaltite that are soluble in carbon disulfide, consist mainly of

hydrocarbons, and are obtained from natural deposits or as residues from the

distillation of crude petroleum or coal.

“Bituminous Roof Coating” means a coating that incorporates “Bitumens” that is

labeled and formulated exclusively for roofing.

“Bituminous Roof Primer” means a primer that incorporates “Bitumens” that is

labeled and formulated exclusively for roofing.

“Bond Breaker” means a coating labeled and formulated for application between

layers of concrete to prevent a freshly poured top layer of concrete from bonding

to the layer over which it is poured.
recommended specifically for recoating calcamine-painted ceilings and other

calcamine-painted substrates.

“Clear Brushing Lacquers’ means clear wood finishes, excluding clear lacquer

sanding sealers, formulated with nitrocellulose or synthetic resins to dry by

solvent evaporation without chemical reaction and to provide a solid, protective

film, which are intended exclusively for application by brush and which are

labeled as specified in Section 223.320(e).

“Clear Wood Coatings” means clear and semi-transparent coatings, including

lacquers and varnishes, applied to wood substrates to provide a transparent or

translucent solid film.

“Coating” means a material applied onto or impregnated into a substrate for

protective, decorative, or functional purposes. Such materials include, but are not

limited to, paints, varnishes, seaTers, and stains.

“Colorant” means a concentrated pigment dispersion in water, solvent, andlor

binder that is added to an architectural coating after packaging in sale units to

produce the desired color.

“Concrete Curing Compound” means a coating labeled and formulated for

application to freshly poured concrete to retard the evaporation of water.

“Concrete Surface Retarder” means a mixture of retarding ingredients such as

extender pigments, primary pigments, resin, and solvent that interact chemicallywith 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 tocreate an exposed aggregate finish.

“Conversion Varnish” means a clear acid-curing coating with an alkyd or other

resin blended with amino resins and supplied as a single component or two

component product. Conversion varnishes produce a hard, durable, clear finish

designed for professional application to wood flooring. Film formation is theresult of an acid-catalyzed condensation reaction, affecting a transetherification at

the reactive ethers of the amino resins.
application such that overspray droplets dry before subsequent contact with

incidental surfaces in the vicinity of the surface coating activity.

“Exempt Compound” means a compound identified as exempt under the

definition of Volatile Organic Material (VOM) in Part 211.7150. The exempt

compound content of a coating shall be determined by USEPA Method 24 or

South Coast Air Quality Management District (SCAQMD) Method 303-9 1(Revised February 1993), incorporated by reference in Section 223.120.

“Faux Finishing Coating” means a coating labeled and formulated as a stain or a

glaze to create artistic effects including, but not limited to, dirt, old age, smoke

damage, and simulated marble and wood grain.

“Fire-Resistive Coating” means an opaque coating labeled and formulated to

protect the structural integrity by increasing the fire endurance of interior or

exterior steel and other structural materials that has been fire tested and rated by atesting agency and approved by building code officials for use in bringingassemblies of structural materials into compliance with federal, State, and local

building code requirements. The fire-resistive coating and the testing agency

must be approved by building code officials. The fire-resistive coating shall be

tested in accordance with ASTM El 19-98, incorporated by reference in Section

223. 120.

“Fire-Retardant Coating” means a coating labeled and formulated to retard

ignition and flame spread that has been fire tested and rated by a testing agencyapproved by building code officials for use in bringing building and construction

materials into compliance with federal, State, and local building coderequirements. 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 lessthan five on a 60-degree meter according to ASTM D523-89 (1999), incorporatedby 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.

“Industrial Maintenance Coating” means a high performance architectural coating,

including primers, sealers, undercoaters, intermediate coats, and topcoats,

formulated for application to substrates exposed to one or more of the following

extreme environmental conditions and labeled as specified in Section 223.320(d):

Immersion in water, wastewater, or chemical solutions (aqueous and non

aqueous solutions), or chronic exposures of interior surfaces to moisture

condensation;

Acute or chronic exposure to corrosive, caustic, or acidic agents, or to

chemicals, chemical fumes, or chemical mixtures or solutions;

Repeated exposure to temperatures above 121°C (250°F);
repeated (frequent) scrubbing with industrial solvents, cleansers, or

scouring agents; or

Exterior exposure of metal structures and structural components.

‘Lacquer’ means a clear or opaque wood coating, including clear lacquer sanding

sealers, formulated with cellulosic or synthetic resins to dry by evaporation

without chemical reaction and to provide a solid, protective film.

“Low-Solids Coating” means a coating containing 0.12 kilogram or less of solids

per liter (1 pound or less of solids per gallon) of coating material.

“Magnesite Cement Coating’ means a coating labeled and formulated for

application to magnesite cement decking to protect the magnesite cementsubstrate from erosion by water.

“Mastic Texture Coating” means a coating labeled and formulated to cover holes

and minor cracks and to conceal surface irregularities, and is applied in a single

coat of at least 10 mils (0.0 10 inch) dry film thickness.

“Metallic Pigmented Coating” means a coating containing at least 48 grams of

elemental metallic pigment per liter of coating as applied (0.4 pounds per gallon),

when tested in accordance with SCAQMD Method 3 18-95, incorporated by

reference in Section 223.120.

“Multi-Color Coating” means a coating that is packaged in a single container and

that exhibits more than one color when applied in a single coat.

“Non-Flat Coating” means a coating that is not defined under any other definition

in this Section and that registers a gloss of 15 or greater on an 85-degree meter

and five or greater on a 60-degree meter according to ASTM D523-89,incorporated by reference in Section 223.120, or an equivalent method approved

by the CARB.

“Non-Flat High-Gloss Coating” means a non-flat coating that registers a gloss of

70 or above on a 60-degree meter according to ASTM D523-89, incorporated by

reference into Section 223.120, or an equivalent method approved by the CARB.
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 tointrusions by radioactive materials. These coatings must be resistant to long-term(service life) cumulative radiation exposure (ASTM D4082-02, incorporated by

reference in Section 223.120), relatively easy to decontaminate, and resistant to

various chemicals to which the coatings are likely to be exposed (ASTM D3912-95, incorporated by reference in Section 223.120).

“Post-Consumer Coating” means a finished coating that would have been

disposed of in a landfill, having completed its usefulness to a consumer, and does

not include manufacturing wastes.

“Pre-Treatment Wash Primer” means a primer that contains a minimum of 0.5

acid, by weight, when tested in accordance with ASTM D1613-03, incorporated

by reference into Section 223.120, or an equivalent method approved by the

CARB that is labeled and formulated for application directly to bare metal

surfaces to provide conosion resistance and to promote adhesion of subsequent

topcoats.

“Primer” means a coating labeled and formulated for application to a substrate to

provide a firm bind between the substrate and subsequent coats.

“Quick-Dry Enamel” means a non-flat coating that is labeled as specified in

Section 223.320(h) and that is formulated to have the following characteristics:

Is capable of being applied directly from the container under normalconditions 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 theCARB, 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 lessthan 10 percent of the total weight consisting of post-consumer coating.

“Residence” means areas where people reside or lodge, including, but not limited to,

single and multiple family dwellings, condominiums, mobile homes, apartment

complexes, motels, and hotels.

“Roof Coating” means a nonbituminous coating labeled and formulated exclusively for

application to roofs for the primary purpose of preventing penetration of the substrate by

water or reflecting heat and ultraviolet radiation. Metallic pigmented roof coatings that

qualify as metallic pigmented coatings shall not be considered in this category, but shall

be considered to be in the metallic pigmented coatings category.

“Rust Preventive Coating” means a coating formulated exclusively for nonindustrial use

to prevent the corrosion of metal surfaces and labeled as specified in Section 223.320(f).

“Sanding Sealer” means a clear or semi-transparent wood coating labeled and formulated

for application to bare wood to seal the wood and to provide a coat that can be abraded to

create a smooth surface for subsequent applications of coatings. A “Sanding Sealer” that

also meets the definition of a “Lacquer” is not included in this category, but it is includedin the “Lacquer” category.

“Sealer” means a coating labeled and formulated for application to a substrate for one or

more of the following purposes: to prevent subsequent coatings from being absorbed by

the substrate, or to prevent harm to subsequent coatings by materials in the substrate.

“Secondary Coating (Rework)” means a fragment of a finished coating or a finished

coating from a manufacturing process that has converted resources into a commodity of

real economic value, but does not include excess virgin resources of the manufacturingprocess.
of the lac beetle (Laciffer lacca), thinned with alcohol, and formulated to dry byevaporation 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 byreference in Section 223.120, or an equivalent method approved by the CARB.

“Stain” means a clear, semitransparent, or opaque coating labeled and formulated to

change the color of a surface, but not conceal the grain pattern or texture.

“Stone Consolidant” means a coating that is labeled and formulated for application to

stone substrates to repair historical structures that have been damaged by weathering or

other decay mechanisms. “Stone Consolidants” must penetrate into stone substrates tocreate bonds between particles and consolidate deteriorated material. “StoneConsolidants” 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 safetyof the substrate, underlying piping, or underlying equipment, and for application tosubstrates 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 incorporatesno less than 40 percent by weight of thermoplastic rubbers in the total resin solids andmay also contain other ingredients, including, but not limited to, fillers, pigments andmodifying resins.

“Tint Base” means an architectural coating to which colorant is added after packaging in

sale units to produce a desired color.

“Traffic Marking Coating” means a coating labeled and formulated for marking and

striping streets, highways, or other traffic surfaces, including, but not limited to, curbs,

berets, driveways, parking lots, sidewalks, and airport runways.

“Undercoater” means a coating labeled and formulated to provide a smooth surface for

subsequent coatings.

“Varnish” means a clear or semitransparent wood coating, excluding lacquers and

shellacs, formulated to dry by chemical reaction on exposure to air. Varnishes may

contain small amounts of pigment to color a surface, or to control the final sheen or glossof 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
p

manufacture, blend, or repackage for sale within Illinois, supply, sell, or offer for

sale within Illinois, or solicit for application or apply within Illinois, anyarchitectural coating manufactured on or after July 1, 2009 that contains a VOM

content in excess of the conesponding limit specified below:

VOM Content Limit

Grams/Liter

Coating Category (Pounds/Gallon)

1) Flat Coatings 100 (0.8)

2) Non-Flat Coatings 150 (1.3)3) Non-Flat High-Gloss Coatings 250 (2.1)

Specialty Coatings

4) Antenna Coatings 530 (4.4)

5) Antifouling Coatings 400 (3.3)

6) Bituminous Roof Coatings 300 (2.5)

7) Bituminous Roof Primers 350 (2.9)

8) Bond Breakers 350 (2.9)

9) Calcamine Recoaters 475 (4.0)

10) Clear Wood Coatings

A) Clear Brushing Lacquers 680 (5.7)B) Lacquers

(including lacquer sanding sealers) 550 (4.6)

C) Sanding Sealers

(other than lacquer sanding sealers) 350 (2.9)

D) Varnishes 350 (2.9)
11) Concrete Curing Compounds 350 (2.9)

Concrete Surface Retarder 780 (6.5)

12) Conversion Varnish 725 (6.0)

13) Dry Fog Coatings 400 (3.3)

14) Faux Finishing Coatings 350 (2.9)

15) Fire-Resistive Coatings 350 (2.9)

16) Fire-Retardant Coatings

A) Clear 650 (5.4)B) Opaque 350 (2.9)

17) Floor Coatings 250 (2.1)18) Flow Coatings 420 (3.5)

19) Form-Release Compounds 250 (2.1)

20) Graphic Arts Coatings (Sign Paints) 500 (4.2)

21) High-Temperature Coatings 420 (3.5)

22) Impacted Immersion Coating 780 (6.5)

23) Industrial Maintenance Coatings 340 (2.8)

24) Low-Solids Coatings 120 (1.0)

25) Magnesite Cement Coatings 450 (3.8)

26) Mastic Texture Coatings 300 (2.5)

27) Metallic Pigmented Coatings 500 (4.2)
28) Multi-Color Coatings 250 (2.1)

29) Nuclear Coating 450 (3.8)

30) Pre-Treatment Wash Primers 420 (3.5)31) Primers, Sealers, and Undercoaters 200 (1.7)

32) Quick-Dry Enamels 250 (2.1)

33) Quick-Dry Primers, Sealers and Undercoaters 200 (1.7)34) Recycled Coatings 250 (2.1)

35) Roof Coatings 250 (2.1)36) Rust Preventive Coatings 400 (3.3)37) Shellacs

A) Clear 730 (6.1)B) Opaque 550 (4.6)

38) Specialty Primers, Sealers, and Undercoaters 350 (2.9)39) Stains 250 (2.1)

40) Stone Consolidants 450 (3.8)

41) Swimming Pool Coatings 340 (2.8)

42) Swimming Pool Repair and Maintenance Coatings 340 (2.8)

43) Temperature-Indicator Safety Coatings 550 (4.6)

44) Thermoplastic Rubber Coatings and Mastics 550 (4.6)45) Traffic Marking Coatings 150 (1.3)
46) Waterproofing Concrete/Masonry Sealers 400 (3.3)

47) Waterproofing Sealers 250 (2.1)

48) Wood Preservatives 350 (2.9)

BOARD NOTE: Conversion factor: one pound VOM per gallon (U.S.) = 119.95

grams per liter.

b) Limits are expressed in grams of VOM per liter of coating thinned to the

manufacturer’s maximum recommendation, excluding the volume of any water,

exempt compounds, or colorant added to tint bases. “Manufacturers maximum

recommendation” means the maximum recommendation for thinning that is

indicated on the label or lid of the coating container.

c) Most Restrictive VOM Limit. If anywhere on the container of any architectural

coating, or any label or sticker affixed to the container, or in any sales,

advertising, or technical literature supplied by a manufacturer or anyone acting on

the manufacturer’s behalf, any representation is made that indicates that the

coating meets the definition of or is recommended for use for more than one of

the coating categories listed in subsection (a), then the most restrictive VOMcontent 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;

15) Specialty primers, sealers, and undercoaters;

16) Conversion varnish;17) Calcimine recoaters;

18) Impacted immersion coatings;19) Nuclear coatings;

20) Thermoplastic rubber coating and mastics;21) Concrete surface retarder.

d) Painting Practices. All architectural coating containers used to apply their

contents to a surface directly from the container by pouring, siphoning, brushing,rolling, padding, ragging, or other means shall be closed when not in use. These

architectural coatings containers include, but are not limited to, drums, buckets,

cans, pails, trays, or other application containers. Containers of any VOM

containing materials used for thinning and cleanup shall also be closed when not

in use.

e) Thinning. No person who applies or solicits the application of any architectural

coating shall apply a coating that is thinned to exceed the applicable VOM limit

specified in subsection (a).
rust preventive coating for industrial use unless the rust preventive coating

complies with the industrial maintenance coating VOM limit specified insubsection (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 flatcoating, a non-flat coating, or a non-flat high-gloss coating, based on its gloss, asdefined in Section 223.307, and the corresponding flat or non-flat coating limit

shall apply.

Section 223.320 Container Labeling Requirements

Each manufacturer of any architectural coatings subject to this Subpart shall display the

information listed in subsections (a) through (j) on the coating container in which the coating issold 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 anexplanation of each code with the Agency upon request.

b) Thinning Recommendations. A statement of the manufacturers recommendation

regarding thinning of the coating shall be indicated on the label or lid of thecontainer. 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, assupplied, 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 usingproduct formulation data, or shall be determined using the test methods in Section223.340(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”.
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 containerin which the coating is sold or distributed one or more of the following

descriptions:

1) “For industrial use only”;

2) “For professional use only”;

3) “Not for residential use” or “Not intended for residential use”.

e) Clear Brushing Lacquers. The labels of all clear brushing lacquers shall

prominently display the statements “For brush application only” and “This

product must not be thinned or sprayed”.

f) Rust Preventive Coatings. The labels of all rust preventive coatings shall

prominently display the statement “For Metal Substrates Only”.

g) Specialty Primers, Sealers, and Undercoaters. The labels of all specialty primers,

sealers, and undercoaters shall prominently display one or more of the following

descriptions:

1) “For blocking stains”;

2) “For fire-damaged substrates”;

3) “For smoke-damaged substrates”;

4) “For water-damaged substrates”;

5) “For excessively chalky substrates”.

h) Quick-Dry Enamels. The labels of all quick dry enamels shall prominently

display the words “Quick Dry” and the dry hard time.

i) Non-Flat High-Gloss Coatings. The labels of all non-flat high-gloss coatings

shall prominently display the words “High Gloss.”
shall prominently display the statement ‘Stone Consolidant — For Professional

Use Only”.

Section 223.330 Reporting Requirements

a) Clear Brushing Lacquers. Within 90 days after written request by the Agency,

each manufacturer of clear brushing lacquers shall report the following

information for products sold in Illinois:

1) The number of gallons of clear brushing lacquers sold in the State during

the preceding calendar year; and

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

b) Rust Preventive Coatings. Within 90 days after written request by the agency,

each manufacturer of rust preventive coatings shall report the followinginformation for products sold in Illinois:

1) The number of gallons of rust preventive coatings sold in the State during

the preceding calendar year; and

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

c) Specialty Primers, Sealers, and Undercoaters. Within 90 days after written

request by the Agency, each manufacturer of specialty primers, sealers, and

undercoaters shall report the following information for products sold in Illinois:

1) The number of gallons of specialty primers, sealers, and undercoaters sold

in the State during the preceding calendar year; and

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

d) Toxic Exempt Compounds. For each architectural coating that contains

perchloroethylene or methylene chloride, within 90 days after written request by

the Agency, the manufacturer shall report the following information for products

sold in Illinois:

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

instructions;
2) The product category listed in Section 223.310(a) to which the coating

belongs;

3) The total sales in Illinois, during the calendar year, to the nearest gallon;

and

4) The volume percent, to the nearest 0.10 percent, of perchloroethylene and

methylene chloride in the coating.

e) Recycled Coatings.

1) Within 90 days after written request by the Agency, manufacturers of

recycled coatings must submit a letter to the Agency self-certifying their

status as a Recycled Paint Manufacturer.

2) Within 90 days after written request by the Agency, each recycled

coatings manufacturer shall report the following information for productssold 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 reportthe 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
without colorant that is added after the tint base is manufactured.

1) With the exception of low solids coatings, determine the VOM content in

grams of VOM per liter of coating thinned to the manufacturer’s maximum

recommendation, excluding the volume of any water and exempt

compounds. Determine the VOM content as follows:

(Ws -Ww-Wem) VOMcontents =

(Vm -Vw-Vem)

Where:

VOM content = grams of VOM per liter of coating

Ws = weight of volatiles, in grams

Ww = weight of water, in grams

Wem = weight of exempt materials, in grams

Vm = volume of coating, in liters

Vw = volume of water, in liters

Vem = volume of exempt materials, in liters

2) For low solids coatings, determine the VOM content in units of grams of

VOM per liter of coating thinned to the manufacturer’s maximum

recommendation, including the volume of any water and exempt

compounds. Determine the VOM content as follows:

/ (Ws-Ww-Wem) VOMcontent1s) = (Vm)

Where:

VOM content = the VOM content of a low solids coating

in grams per liter of coating

Ws = weight of volatiles, in gramsWw = 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 VOMcontent is USEPA Method 24, incorporated by reference in Section 223.120,
determine the VOM content of coatings is SCAQMD Method 304-9 1,incorporated by reference in Section 223.120. The exempt compounds contentshall be determined by SCAQMD Method 303-9 1, incorporated by reference in

Section 223.120. To determine the VOM content of a coating, the manufacturer

may use USEPA Method 24, or an equivalent alternative method as provided inSection 223.350, formulation data, or any other reasonable means for predicting

that the coating has been formulated as intended (e.g., quality assurance checks,

recordkeeping). However, if there are any inconsistencies between the results of aMethod 24 test and any other means for determining VOM content, the Method24 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 ofdetermining 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 inSection 223.120, or an equivalent method approved by the CARB. This method has not beenapproved 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 BurningCharacteristics of Building Materials (see Section 223.307, Fire-Retardant

Coating), or an equivalent method approved by the CARB.

b) Fire-Resistance Rating. The fire-resistance rating of a fire-resistive coating shall

be determined by ASTM El 19-05 a, Standard Test Methods for Fire Tests of
an equivalent method approved by the CARB.

c) Gloss Determination. The gloss of a coating shall be determined by ASTM

D523-89, Standard Test Method for Specular Gloss (see Section 223.307, Flat

Coating, Non-Flat Coating, Non-Flat High-Gloss Coating, and Quick-Dry

Enamel), or an equivalent method approved by the CARB.

d) Metal Content of Coatings. The metallic content of a coating shall be determined

by SCAQMD Method 318-95, Determination of Weight Percent Elemental Metal

in Coatings by X-Ray Diffraction, SCAQMD Laboratory Methods of Analysis for

Enforcement Samples (see Section 223.307, Metallic Pigmented Coating).

e) Acid Content of Coatings. The acid content of a coating shall be determined by

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

Chemical Intermediates Used in Paint, Varnish, Lacquer and Related Products(see Section 223.307, Pre-Treatment Wash Primer), or an equivalent methodapproved 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 ofExterior Paint Films (see Section 223.307, Specialty Primer, Sealer, andUndercoater), 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 exemptcompounds for compliance with Section 223.340 by BAAQMD Method 43,

Determination of Volatile Methylsiloxanes in Solvent-Based Coatings, Inks, andRelated Materials, BAAQMD Manual of Procedures, Volume III (see Section

223.307, VOM Content, and Section 223.340(b)).
compound parachlorobenzotrifluoride shall be analyzed as an exempt compound

for compliance with Section 223.340 by BAAQMD Method 41, Determination ofVolatile Organic Compounds in Solvent-Based Coatings and Related MaterialsContaining 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 ExemptCompounds, SCAQMD Laboratory Methods of Analysis for EnforcementSamples (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 methodapproved by the CARB.

1) Alternative VOM Content of Coatings. The VOM content of coatings may be

analyzed by either USEPA Method 24 or SCAQMD Method 304-91,

Determination of Volatile Organic Compounds (VOC) in Various Materials,

SCAQMD Laboratory Methods of Analysis for Enforcement Samples (see

Section 223.340(b)).

m) Methacrylate Traffic Marking Coatings. The VOM content of methacrylate

muticomponent coatings used as traffic marking coatings shall be analyzed by the

procedures in 40 CFR 59, subpart D, appendix A, Determination of Volatile

Matter Content of Methacrylate Multicomponent Coatings Used as Traffic

Marking Coatings (see Section 223.360), or an equivalent method approved bythe CARB.