ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

Charles E. Ma iesian

Assistant Counsel

Division of Legal Counsel

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:	)

)

PROPOSED NEW 35 ILL. ADM. CODE )

PART 223 STANDARDS AND )

LIMITATIONS FOR ORGANIC )

MATERIAL EMISSIONS FOR AREA )

SOURCES )

g-11

(Rule =kin g – Air)

RECEIVED

CLERKS OFFICE

JAN 6 2 2098

STATE OF ILLINOIS

Pollution Control Board

NOTICE

TO: Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph, Suite 11-500

Chicago, Illinois 60601-3218

Matthew Dunn, Chief

Division of Environmental Enforcement

Office of the Attorney General

188 West Randolph St., 20th Floor

Chicago, IL 60601

Virginia Yang

Deputy Legal Counsel

Illinois Department of Natural Resources

One Natural Resources Way

Springfield, IL 62702

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

Board the REGULATORY PROPOSAL entitled "PROPOSED NEW 35 ILL. ADM. CODE

PART 223 STANDARDS AND LIMITATIONS FOR ORGANIC MATERIAL EMISSIONS

FOR AREA SOURCES," MOTION FOR WAIVER OF REQUIREMENTS and

APPEARANCE of the Illinois Environmental Protection Agency a copy of which is herewith

served upon you.

DATED: December 31, 2007

1021 North Grand Avenue East

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782.5544

217.782.9143 (TDD)

THIS FILING IS SUBMITTED

ON RECYCLED PAPER
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

RECEIVED

CLERK'S OFFICE

JAN 0 2 2008

STATE OF ILLINOIS

(16 Pollution Control Board

Al

Rcre

(Rulemaking – Air)

IN THE MATTER OF:	)

)

PROPOSED NEW 35 ILL. ADM. CODE )

PART 223 STANDARDS AND	)

LIMITATIONS FOR ORGANIC	)

MATERIAL EMISSIONS FOR AREA )

SOURCES	 )

APPEARANCE

The undersigned, as one of its attorneys, hereby enters an Appearance on behalf

of the Illinois Environmental Protection Agency.

Respectively Submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By:	

Charles E. Matoesian

Assistant Counsel

Division of Legal Counsel

DATED: December 28, 2007

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-5544
CLERK'S V

OFFICE

STATE OF ILLINOI

RECSIcD

t r2:1 Boat s

BEFORE THE ILLINOIS POLLUTION CONTROL BOARDPollu:Ao nN

IN THE MATTER OF:	)

PROPOSED NEW 35 ILL. ADM. CODE)	

,ft2 0(1

PART 223 STANDARDS AND	)	R07 -

LIMITATIONS FOR ORGANIC	)	(Rulemaking — Air)

MATERIAL EMISSIONS FOR AREA )

SOURCES	 )

MOTION FOR WAIVER OF REQUIREMENTS

NOW COMES Proponent, the ILLINOIS ENVIRONMENTAL PROTECTION

AGENCY ("Illinois EPA"), by its attorney, Charles E. Matoesian, and pursuant to 35 III. Adm.

Code and 101.500, 102.110, 102.402, moves that the Illinois Pollution Control Board ("Board")

waive certain requirements, namely that Illinois EPA submit the original and nine copies of the

regulatory proposal including the incorporations by reference and all documents relied upon. In

support of its Motion, Illinois EPA states as follows:

1. Section 102.200 of the Board's procedural rules requires that the original and nine

copies of each regulatory proposal be filed with the Clerk. This entire regulatory proposal will

likely consist of over 1,000 pages. Given the length of the proposal and the resources required to

provide nine copies, Illinois EPA requests that it be allowed to file the original and four complete

copies of the proposal plus five partial copies, the partial copies consisting of Table of Contents,

Statement of Reasons, Technical Support Document, pleadings, and the proposed rule absent

documents relied upon and incorporations by reference.

2. Section 27 (a) of the Environmental Protection Act ("Act") requires Illinois EPA

to provide information supporting the proposal. 415 ILCS 5/27 (a). In doing so, the Illinois EPA
has provided documents which were directly relied upon while drafting the regulatory proposal.

The list of documents relied upon is found in Attachment A. The documents listed in

Attachment A are quite large in number and length. For that reason, Illinois EPA requests that

the Board waive the normal copy requirements and allow Illinois EPA to file an original and four

copies of the documents listed in Attachment A.

3.	Section 5-75(a) of the Illinois Administrative Procedure Act ("IAPA") provides

in relevant part that an agency may incorporate by reference the regulations, standards and

guidelines of an agency of the United States or a nationally recognized organization or

association without publishing the incorporated material in full. 5 ILCS 100/5-75(a). Further,

Section 5-75(b) of the IAPA provides in relevant part that the agency adopting a rule or

regulation under the IAPA shall maintain a copy of the referenced rule, regulation, standard or

guideline in at least one of its principal offices and shall make it available to the public upon

request. 5 ILCS 100/5-75(b). In developing this proposed rulemaking, Illinois EPA has

incorporated by reference certain documents. The documents incorporated by reference are

readily accessible to, or are already within the possession of, the Board. Given this ease of

accessibility, and the lengthy nature of the documents, Illinois EPA requests that the Board

waive the normal copy requirements of Section 102.200 of the Board's procedural rues and

allow Illinois EPA to not file any copies of the documents listed in Attachment B which are

denoted with an asterisk. Due to the number of documents, Illinois EPA requests that the Board

waive the normal copy requirements and allow Illinois EPA to file an original and four copies of

the remainder of the documents listed in Attachment B.

WHEREFORE, for the reasons set forth above, Illinois EPA requests that the Board

2
waive the copy requirement and allow Illinois EPA to provide the Board with an original and

four complete copies of the proposal, along with five partial copies as described supra. Further,

Illinois EPA requests that the Board allow Illinois EPA to file an original and four copies of the

documents relied upon as listed in Attachment A. Finally, the Illinois EPA requests that the

Board allow the Illinois EPA to file either no copies or an original and four copies of the

incorporations by reference as listed in Attachment B.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

By: 

Charles E. Matoesian

Assistant Counsel

Division of Legal Counsel

DATED:

1021 N. Grand Ave., East

P.O. Box 19276

Springfield, Illinois 62794-9276

217.782.5544

217.782.9143 (TDD)

3
Attachment A

Documents Relied Upon

1. Emission Inventory Improvement Program Volume III: Chapter 5 – Consumer

and Commercial Solvent Use, Eastern Research Group, NC, August 1996.

Illinois 2002 Periodic Emissions Inventory and Milestone Demonstration, Illinois

Environmental Protection Agency, Springfield, IL, November 2004.

3. Interim White Paper – Midwest RPO Candidate Control Measures, Source

Category: Consumer and Commercial Products, MACTEC, December 1, 2005.

Example Complying Formulas, 2004 Consumer Products Amendments, State of

California Air Resources Board, March 18, 2004.

5. Initial Statement of Reasons for the Proposed Amendments to the California

Aerosol Coating Products Antiperspirants and Deodorants and Consumer

Products Regulations Test Method 310, and Airborne Toxic Control Measure for

Para-Dichlorobenzene Solid Air Fresheners and Toilet/Urinal Care Products,

State of California Air Resources Board, May 7, 2004.

Initial Statement of Reasons for Amendments to the California Consumer

Products Regulation, State of California Air Resources Board, September 10,

1999.

7. National Volatile Organic Compound Emission Standards for Aerosol Coatings,

Proposed Rule, 72 FR 38952-38991, July 16, 2007.

8. National Volatile Organic Compound Emission Standards for Aerosol Coatings,

Cost Impacts Analysis, U.S. Environmental Protection Agency Office of Air

Quality Planning and Standards, Sector Policies and Programs Division, Research

Triangle Park, North Carolina 27711, June 2007.

9. Interim White Paper - Midwest RPO Candidate Control Measures, Source

Category, MACTEC, December 1, 2005.

10. Estimated VOC Emission Reductions and Economic Impact Analysis for

Proposed Amendments to Chemically Formulated Consumer Products, The State

of New Jersey Department of Environmental Protection, July 3, 2003.

11. Regulation for Reducing the Ozone Formed from Aerosol Coating Product

Emissions, Title 17, California Code of Regulations, Article 3, Aerosol Coating

Products, Sections 94521-94524 and 94526, approved June 18, 2001.
12. Regulation for Reducing Volatile Organic Compound Emissions from Consumer

Products, Title 17 California Code of Regulations Sections 94507, 94508, 94509,

94513, 94514, and 94515, November 19, 2000.

13. Staff Report for the Proposed Suggested Control Measure for Architectural

Coatings, California Air Resources Board, June 2000.

14. Estimated VOC Emission Reductions and Economic Impact Analysis for

Proposed Amendments to Architectural Coatings Rule, The State of New Jersey

Department of Environmental Protection, June 12, 2003.

15. Illinois Base Year Ozone Inventory for 2002, Illinois Environmental Protection

Agency, Springfield, IL, June 2006.

16. Model Rule for Consumer Products, Ozone Transport Commission, November

29, 2001.

17. AIM OTC Model Rule, Ozone Transport Commission, March 6, 2001.

18. Control Measure Development Support Analysis of Ozone Transport Commission

Model Rules, E.H. Pechan and Associates, March 31, 2001.
Attachment B

Incorporations by Reference

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, (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 (July 1, 2006). *

d) 40 CFR 82, Subpart A, Production and Consumption Controls,

Appendices A and B July 1, 2006. *

e) 29 CFR 1910.1200(d)(4), Hazard Communication July 1, 2006. *

0	American Society for Testing and Materials (ASTM), 1916 Race Street,

Philadelphia, PA, 19103.

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

Building Construction and Materials, approved November 1, 2005.

2) ASTM Designation D523-89, Standard Test Method for Specular

Gloss, approved May 10, 1999.

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

Film Formation of Organic Coatings at Room Temperature,

approved December 1, 2003.

4) ASTM Method D 3912-95, Test Method for Chemical Resistance

of Coating Used in Light-Water Nuclear Power Plants, approved

2001.

5) ASTM Method D 4082-02, Test Method for Effects of Radiation

on Coatings Used in Light-Water Nuclear Power Plants, approved

2002.

6) ASTM Designation D4214-98, Standard Test Methods for

Evaluating the Degree of Chalking of Exterior Paint Films,

approved August 10, 1998.
7) ASTM D1613-03, Standard Test Method for Acidity in Volatile

Solvents and Chemical Intermediates Used in Paint, Varnish,

Lacquer, and Related Products, approved October 1, 2003.

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

Characteristics of Building Materials, approved 2007.

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

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

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

Chromatography, reapproved 2006.

11) ASTM D5043-04, Standard Test Methods for Field Identification

of Coatings, approved 2004.

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

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

13) ASTM C836-06, Specification for High Solids Content, Cold

Liquid-Applied Elastomeric Waterproofing Membrane for Use

with Separate Wearing Course, approved 2006.

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

91, Determination of Volatile Organic Compounds in Various Materials,

revised February 1996.

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

February 1993.

SCAQMD Method 318-95, Determination of Weight Percent Elemental

Metal in Coatings by X-Ray Diffraction, approved August 10, 1998.

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

Determination of Volatile Methylsiloxanes in Solvent-Based Coatings,

Inks, and Related Materials, amended May 18, 2005.

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

Solvent-Based Coatings and Related Materials Containing

Parachlorobenzotri fluoride, amended May 18, 2005.

1)	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.
m) SCAQMD Rule 1174, Ignition Method Compliance Certification Protocol

(February 27, 1991).

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

(2005).

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

p) Cal. Admin. Code title 17, Article 4, Alternate Control Plan §§ 94540-

94555, (1996).

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

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

s) 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.

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

Melamine Base (1980).
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:	)

PROPOSED NEW 35 ILL. ADM. CODE )

PART 223 STANDARDS AND	)

LIMITATIONS FOR ORGANIC	)

MATERIAL EMISSIONS FOR AREA )

SOURCES	 )

a Al

Rain

(Rulemaking – Air)

RECEIVED

CLERKS OFFICE

JAN 0 2 2088

STATE OF ILLINOIS

Pollution Control Board

TABLE OF CONTENTS OF REGULATORY SUBMITTAL

1. Notice of Filing

2. Appearance of Charles E. Matoesian, Assistant Counsel, for the Illinois

Environmental Protection Agency

3. Proposal of Regulations by Director Douglas P. Scott

4. Agency Analysis of Economic and Budgetary Effects

5. Motion for Waiver of Requirements

6. Synopsis of Testimony

7. Statement of Reasons

8. First Notice Form for New 35 Ill. Adm. Code 223

9. Proposed New 35 Ill. Adm. Code 223

10. Technical Support Document for Control of Volatile Organic Material Emissions

from Consumer and Commercial Products, Architectural and Industrial

Maintenance Coatings, and Aerosol Coatings, AQPSTR 07-02, Illinois

Environmental Protection Agency, November, 2007.

11. Documents Relied Upon (See Attachment A)

12. Incorporations by Reference (See Attachment B)

13. Certificate of Service
Attachment A

Documents Relied Upon

1. Emission Inventory Improvement Program Volume III: Chapter 5 – Consumer

and Commercial Solvent Use, Eastern Research Group, NC, August 1996.

2. Illinois 2002 Periodic Emissions Inventory and Milestone Demonstration, Illinois

Environmental Protection Agency, Springfield, IL, November 2004.

3. Interim White Paper – Midwest RPO Candidate Control Measures, Source

Category: Consumer and Commercial Products, MACTEC, December 1, 2005.

4. Example Complying Formulas, 2004 Consumer Products Amendments, State of

California Air Resources Board, March 18, 2004.

5. Initial Statement of Reasons for the Proposed Amendments to the California

Aerosol Coating Products, Antiperspirants and Deodorants, and Consumer

Products Regulations, Test Method 310, and Airborne Toxic Control Measure for

Para-Dichlorobenzene Solid Air Fresheners and Toilet/Urinal Care Products,

State of California Air Resources Board, May 7, 2004.

6. Initial Statement of Reasons for Amendments to the California Consumer

Products Regulation, State of California Air Resources Board, September 10,

1999.

7. National Volatile Organic Compound Emission Standards for Aerosol Coatings,

Proposed Rule, 72 FR 38952-38991, July 16, 2007.

8. National Volatile Organic Compound Emission Standards for Aerosol Coatings,

Cost Impacts Analysis, U.S. Environmental Protection Agency Office of Air

Quality Planning and Standards, Sector Policies and Programs Division, Research

Triangle Park, North Carolina 27711, June 2007.

9. Interim White Paper - Midwest RPO Candidate Control Measures, Source

Category : Architectural and Industrial Coatings, MACTEC, December 1, 2005.

10. Estimated VOC Emission Reductions and Economic Impact Analysis for

Proposed Amendments to Chemically Formulated Consumer Products, The State

of New Jersey Department of Environmental Protection, July 3, 2003.

11. Regulation for Reducing the Ozone Formed from Aerosol Coating Product

Emissions, Title 17, California Code of Regulations, Article 3, Aerosol Coating

Products, Sections 94521-94524 and 94526, approved June 18, 2001.
12. Regulation for Reducing Volatile Organic Compound Emissions from Consumer

Products, Title 17 California Code of Regulations Sections 94507, 94508, 94509,

94513, 94514, and 94515, November 19, 2000.

13. Staff Report for the Proposed Suggested Control Measure for Architectural

Coatings, California Air Resources Board, June 2000.

14. Estimated VOC Emission Reductions and Economic Impact Analysis for

Proposed Amendments to Architectural Coatings Rule, The State of New Jersey

Department of Environmental Protection, June 12, 2003.

15. Illinois Base Year Ozone Inventory for 2002, Illinois Environmental Protection

Agency, Springfield, IL, June 2006.

16. Model Rule for Consumer Products, Ozone Transport Commission, November

29, 2001.

17. AIM OTC Model Rule, Ozone Transport Commission, March 6, 2001.

18. Control Measure Development Support Analysis of Ozone Transport Commission

Model Rules, E.H. Pechan and Associates, March 31, 2001.
Attachment B

Incorporations by Reference

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, (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 (July 1, 2006). *

d) 40 CFR 82, Subpart A, Production and Consumption Controls,

Appendices A and B July 1, 2006. *

e) 29 CFR 1910.1200(d)(4), Hazard Communication July 1, 2006. *

1)	American Society for Testing and Materials (ASTM), 1916 Race Street,

Philadelphia, PA, 19103.

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

Building Construction and Materials, approved November 1, 2005.

2) ASTM Designation D523-89, Standard Test Method for Specular

Gloss, approved May 10, 1999.

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

Film Formation of Organic Coatings at Room Temperature,

approved December 1, 2003.

4) ASTM Method D 3912-95, Test Method for Chemical Resistance

of Coating Used in Light-Water Nuclear Power Plants, approved

2001.

5) ASTM Method D 4082-02, Test Method for Effects of Radiation

on Coatings Used in Light-Water Nuclear Power Plants, approved

2002.

6) ASTM Designation D4214-98, Standard Test Methods for

Evaluating the Degree of Chalking of Exterior Paint Films,

approved August 10, 1998.
7) ASTM D1613-03, Standard Test Method for Acidity in Volatile

Solvents and Chemical Intermediates Used in Paint, Varnish,

Lacquer, and Related Products, approved October 1, 2003.

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

Characteristics of Building Materials, approved 2007.

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

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

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

Chromatography, reapproved 2006.

11) ASTM D5043-04, Standard Test Methods for Field Identification

of Coatings, approved 2004.

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

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

13) ASTM C836-06, Specification for High Solids Content, Cold

Liquid-Applied Elastomeric Waterproofing Membrane for Use

with Separate Wearing Course, approved 2006.

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

91, Determination of Volatile Organic Compounds in Various Materials,

revised February 1996.

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

February 1993.

SCAQMD Method 318-95, Determination of Weight Percent Elemental

Metal in Coatings by X-Ray Diffraction, approved August 10, 1998.

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

Determination of Volatile Methylsiloxanes in Solvent-Based Coatings,

Inks, and Related Materials, amended May 18, 2005.

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

Solvent-Based Coatings and Related Materials Containing

Parachlorobenzotri fluoride, amended May 18, 2005.

1)	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.
m) SCAQMD Rule 1174, Ignition Method Compliance Certification Protocol

(February 27, 1991).

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

(2005).

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

p) Cal. Admin. Code title 17, Article 4, Alternate Control Plan §§ 94540-

94555, (1996).

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

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

s) 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.

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

Melamine Base (1980).
A LERK'S OFFICE

BEFORE THE ILLINOIS POLLUTION CONTROL BOA ECEivED

JAN 0 2 2003

STATE OF ILLINOIS

Pollution Control Board

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY PROPOSAL OF

REGULATIONS

The Illinois Environmental Protection Agency moves that the Illinois Pollution Control

Board adopt the attached regulations.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

P hit

Dougla . Scott

Director

DATED: December 28, 2007

P.O. Box 19276

Springfield, Illinois 62794-9276

217/782-3397

IN THE MATTER OF:	)

PROPOSED NEW 35 ILL. ADM. CODE)	

(2Cis.

PART 223 STANDARDS AND	)	Rff/ -

LIMITATIONS FOR ORGANIC	)	(Rulemaking – Air)

MATERIAL EMISSIONS FOR AREA )

SOURCES	 )

By:
Agency Analysis of Economic and

Budgetary Effects of Proposed Rulemaking

Agency: Illinois Pollution Control Board

Part/Title: Part 223: STANDARDS AND LIMITATIONS FOR ORGANIC

MATERIAL EMISSIONS FOR AREA SOURCES

Illinois Register Citation: 

Please attempt to provide as dollar-specific responses as possible and feel free to add any relevant

explanation.

1. Anticipated effect on State expenditures and revenues.

(a) Current cost to the agency for this program/activity. $0 

(b) If this rulemaking will result in an increase or decrease in cost, specify the fiscal

year in which this change will first occur and the dollar amount of the effect.

2009; an estimated cost of $50,000 annually

(c) Indicate the funding source, including Fund and appropriation lines, for this

program/activity.

CAAPP fund

(d) If an increase or decrease in the costs of another State agency is anticipated,

specify the fiscal year in which this change will first occur and the estimated

dollar amount of the effect.

N/A

(e) Will this rulemaking have any effect on State revenues or expenditures not

already indicated above?

N/A

2. Economic effect on persons affected by the rulemaking:

(a) Indicate the economic effect and specify the persons affected:

Positive Negative _x_ No effect

Persons affected: Consumers, Contractors, Manufacturers

Dollar amount per person: $0.10 per person annually

Total statewide cost: Approximately $1,283,197 annually

(b)

If an economic effect is predicted, please briefly describe how the effect will

OMIT.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

IN THE MATTER OF:	)

PROPOSED NEW 35 ILL. ADM. CODE )

PART 223 STANDARDS AND	)

LIMITATIONS FOR ORGANIC	)

MATERIAL EMISSIONS FOR AREA )

SOURCES	 )

occ .t1

we-

(Rulemaking — Air)

RECEIVED

CLERKS OFFICE

JAN 0 2 2008

STATE OF ILLINOIS

Pollution Control Board

SYNOPSIS OF TESTIMONY

It is currently anticipated that Illinois EPA will provide only one witness in support of the

proposal: Rory Davis. Rory Davis, Environmental Engineer, Regulatory Unit, Air

Quality Planning Section, Bureau of Air, will provide testimony on all aspects of the rule.
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD

RECEIVED

CLERK'S OFFICE

IN THE MATTER OF: )

) JAN (! 2 2008

PROPOSED NEW 35 ILL. ADM. CODE) , 11 STATE OF ILLINOIS

PART 223 STANDARDS AND	) RW- Pollution Control Board

LIMITATIONS FOR ORGANIC ) (Rulemaking – Air)

MATERIAL EMISSIONS FOR AREA )

SOURCES )

)

STATEMENT OF REASONS

I. INTRODUCTION

The Illinois Environmental Protection Agency ("Illinois EPA") hereby submits

this Statement of Reasons to the Illinois Pollution Control Board ("Board") pursuant to

Sections 27 and 28 of the Environmental Protection Act ("Act")(415 ILCS 5/27 and 28)

and 35 Ill. Adm. Code 102.202(b), in support of the attached proposed new 35 Ill. Adm.

Code Part 223 "Part 223," Standards and Limitations for Organic Material Emissions for

Area Sources. These regulations are proposed to reduce volatile organic material

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

maintenance products, and aerosol coatings. If adopted, the rule will take effect on

January 1, 2009.

II. STATEMENT OF FACTS

Effective July 17, 1997, the United States Environmental Protection Agency

("USEPA") revised the national ambient air quality standard ("NAAQS") for ozone from

0.120 parts per million to 0.080 parts per million, pursuant to its authority under Section

109 of the Clean Air Act ("CAA"). The time period used for measuring compliance for
ozone was also increased from 1 hour to 8 hours. The change from the previous 1 hour

standard to the 8 hour standard was based on extensive air pollution research that

indicated ozone is more harmful when a person is exposed to it over a longer period of

time even if the ozone concentration is lower.

As such, the revised 8 hour standard is more stringent than the previous 1 hour

standard. In order to ensure that there be one standard for ozone in the NAAQS, the 8

hour standard is not a new standard, but a revised standard. The 8 hour standard had an

effective date of June 15, 2004, with the 1 hour standard being revoked one year later on

June 15, 2005 (40 CFR Part 81).

Under the new NAAQS, Chicago and the Metro-East St. Louis area have been

designated as moderate ozone nonattainment areas ("NAA"). Included in the Chicago

NAA are Cook, DuPage, Kane, Lake, McHenry, and Will counties, as well as the Aux

Sable Township and Goose Lake Township in Grundy County, and Oswego Township in

Kendall County. The Illinois portion of the Metro-East St. Louis NAA is comprised of

Jersey, Madison, Monroe, and St. Clair counties.

Ozone is not emitted directly by most sources. Rather, ozone precursors such as

VOM, oxides of nitrogen ("NOx") and carbon monoxide ("CO") are emitted and in the

presence of direct sunlight and high ambient temperatures react to form ozone. Technical

Support Document at 4. Ozone formation is thus most active during the summer months

because of the direct sunlight and high ambient temperatures. As a powerful oxidant,

ozone reacts readily with a wide range of substances. In humans, ozone acts as an irritant

to the respiratory system and may damage lung and other tissues. This damage can lead

to impaired breathing and reduced immunity to disease for people in good health. These

2
effects may be even more severe for young children, the elderly, and people with

preexisting respiratory diseases such as asthma, bronchitis, or emphysema. Ozone

oxidation can also damage plant tissue, reducing the yield of some crops, and damage

certain other materials such as rubber. Id. at 5.

Significant, yet widely diffuse sources of VOM are the various forms of consumer

products used by individual households and small businesses. These products can be

generally grouped into three areas: consumer products; architectural and industrial

maintenance coatings; and aerosol coatings. Together, these items emit about 10% of the

total anthropogenic VOM emissions from sources in Illinois. Id. at 60.

III. PURPOSE AND EFFECT OF THE PROPOSAL

Consumer and commercial products are currently regulated by the USEPA under

the consumer and commercial products rule promulgated on Sept. 11, 1998, and codified

at 40 CFR Part 59 Subpart C. Id. at 5. This national rule currently limits the VOM

content of 24 product categories. Id. VOM emissions from these categories are

estimated to have been reduced by 20 percent from uncontrolled levels. Id. at 5.

However, the emissions due to the 24 categories currently being regulated by the USEPA

account for only 48 percent of the consumer and commercial products emission

inventory. Id. at 5-6.

Architectural and industrial maintenance coatings ("AIM") are currently regulated

by the USEPA under the AIM coatings rule promulgated on Sept. 11, 1998, and codified

at 40 CFR Part 59 Subpart D. Id. at 6. This national rule includes container labeling

requirements and is estimated to reduce VOM emissions from AIM coatings by

approximately 20% from uncontrolled levels. Id.

3
Currently there are no Illinois regulations dealing specifically with the reactivity of

various organic compounds. Id. The proposed rule for aerosol coatings would change

this by limiting the content of various VOM compounds based upon their reactivity and

their likelihood to form ground level ozone. Id. This proposed rule is based upon the

California Air Resources Board ("CARS") Regulation for Reducing the Ozone Formed

by Aerosol Coating Product Emissions that has been employing reactivity based standard

since January 1, 2003 1 . Id. Aerosol Coatings are considered to be a Group III Consumer

Product, and accordingly are also regulated by 40 CFR Part 59 Subpart C. Id.

Many large sources of VOM in Illinois are already regulated by the State but

additional control measures are needed to achieve compliance with the 8-hr ozone

NAAQS. In order to attain the new USEPA ozone NAAQS by 2010 and to protect the

health of Illinois citizens, the Illinois EPA proposes this rulemaking. This proposal seeks

to reduce VOM emissions from consumer products, AIM products, and aerosol coatings.

Together, these sources emit a significant amount of VOM in Illinois. The proposal is

divided into four subparts. Subpart A is a brief, general subpart, Subpart B regulates

consumer products, Subpart C regulates AIM, and Subpart D regulates aerosol coatings.

In evaluating the potential for the reduction of VOM emissions from consumer

and commercial products, architectural and industrial maintenance coatings, and aerosol

coatings, Illinois EPA has reviewed the findings of several groups that researched the

issue. The groups are MACTEC, an environmental firm that is under contract with the

Lake Michigan Air Directors Consortium ("LADCO"), the Ozone Transport Commission

Regulation for Reducing the Ozone Formed from Aerosol Coating_Product Emissions, Title 17, California

Code of Regulations, Article 3, Aerosol Coating Products, Sections 94521-94524 and 94526, approved

June 18, 2001.

4
("OTC"), an organization in the eastern United States created under the CAA, and the

CARB. Id. at 7. The OTC and CARB have drafted candidate measures for the reduction

of VOM that go beyond the current VOM limits, and MACTEC, CARB, and USEPA

have independently projected the potential reductions and the associated cost of

additional control through these measures. Id.

The Illinois EPA anticipates a significant reduction in VOM emissions from the

affected area sources if this proposal is adopted. When added together the emission of

VOM from consumer products, AIM coatings, and aerosol coating products account for

approximately 9.86% of all anthropogenic VOM emissions in the State of Illinois. M. at

60. The estimated reductions of VOM add up to slightly more than 10,000 tons annually,

or a reduction of approximately 28.5 tons per day. Id. at 60. Admittedly, some of these

reductions have already taken place due to nationwide compliance by many of the larger

manufacturers of these products. Id. at 60-61. However, adoption of these limits in

Illinois will further the trend towards nationwide compliance, leading to much larger

reductions.

1. Consumer Products

As defined in the USEPA rule, consumer products means any household or

institutional product (including paints, coatings, and solvents), or substance, or article

(including any container or packaging) held by any person, the use, consumption, storage,

disposal, destruction, or decomposition of which may result in the release of volatile

organic compounds ("VOC") (40 CFR § 59.202). Id. at 8. The USEPA uses the term

VOC, while the Illinois EPA uses the term VOM. The terms are interchangeable.

Consumer and commercial products are chemically formulated products used by

5
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. Not included are other paint products, furniture coatings, or architectural

coatings. Id.

The source category of consumer products is broken down by the USEPA into

seven categories: personal care products; household products; automotive aftermarket

products; adhesives and sealants; FIFRA regulated products; coatings and related

products; and miscellaneous products. Id. at 14. The description "consumer and

commercial products" also refers to aerosol adhesives, including aerosol adhesives used

for consumer, industrial, and commercial uses. Id. at 8. For the purposes of the proposed

regulation, the source category is divided into 59 product categories, each with a VOM

limit given in percent by weight. Id. at 9.

In November of 2004, the Illinois EPA prepared the Illinois Periodic Emissions

Inventory and Milestone Demonstration. Id. at 15, n. 2. It was determined that in

Illinois, consumer and commercial product emissions account for approximately 4.95%

of the total anthropogenic VOM emissions. Id. at 9. Consumer and commercial products

account for approximately 4.93% of total anthropogenic VOM emissions in the East St.

Louis NAA and approximately 9.2% of total anthropogenic VOM emissions in the

Chicago NAA. Id. Consumer and commercial products are estimated to emit 81.86 tons

of VOM per day in Illinois. Id., Table 2.2.3.

The most effective approaches for achieving reductions in this source category are

reformulating products currently employing VOM solvents and replacing them with

6
water based formulations or formulations employing acetone or other exempt solvents.

Id. at 16. Other measures for reductions in this category include increasing the solids

content of products, formulating non-VOM propellants for products, or changing the

valves, containers, or delivery systems of the products to reduce VOM content. Id.

MACTEC estimates that adopting the OTC Model Rule for Consumer Products will

result in a 14.2% reduction in VOM emissions from consumer and commercial product

beyond those achieved by the current federal rule. Id. at 29. This translates into a

reduction of approximately 6,468 tons of VOM per year in Illinois. Id. This estimate is

based on figures from the 2002 inventory in Illinois and would represent a reduction of

nearly 1% of the total anthropogenic VOM emissions in the State. Id.

2. AIM

An AIM coating, for the purposes of this proposed regulation, is a coating to be

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

buildings at the site of installation, to pavements, or to curbs. Id. at 34. Coatings applied

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

railcars, and automobiles, and adhesives are not considered "Architectural Coatings" for

the purposes of this rule. Id. AIM coatings are used to protect and beautify homes, office

buildings, factories, pavements, curbs and on a variety of surfaces inside and outside of

such structures such as metal, wood, plastic, concrete, and wallboard. AIM coatings are

applied by brush, roller, or spray gun, and are applied by consumers, contractors, or

maintenance staff. The emission of VOM from this category results when the solvent

carrying the coating material evaporates and leaves the coating material on the surface

during application and drying. Id. For the purposes of the proposed regulation, this

7
source category is broken down into 49 coating categories, each with a specific VOM

content limit. Id. at 35.

It has been estimated by MACTEC that AIM coatings account for approximately

4.30% of the total anthropogenic VOM emissions in Illinois. Id. at 34. AIM coatings

account for approximately 4.28% of total anthropogenic VOM emissions in the East St.

Louis NAA and approximately 8.01% of total anthropogenic VOM emissions in the

Chicago NAA. Id. MACTEC further estimated that the proposed regulation would result

in a reduction of VOM emissions of 21% beyond the current federal regulation. Id. at 45.

Adoption of the proposed regulation will account for the reduction of 12.21 tons of VOM

per day or 4,456 tons of VOM annually. Id. at 45.

The proposed regulation was written by the Illinois EPA based on the AIM OTC

Model Rule in order to maintain consistency with the OTC states that have adopted rules

based on the model rule. Id. at 39. In addition, the AIM OTC Model Rule and its VOM

content limits were written based on the affected coatings and VOM content limits in

CARB's suggested control measures ("SCM") for AIM coatings in order that the coating

formulations of the eastern states in the OTC would be consistent with formulations

being used in California. Id. at 39.

3. Aerosol Coatings

An aerosol coating product, for the purposes of the proposed regulation, 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.

Id. at 46. Aerosol coatings are listed as a Group III consumer product in CAA section

8
183(e). Id. The emission of VOM from aerosol coatings result when the solvent carrying

the coating material evaporates and leaves the coating material on the surface during

application and drying, as well as from the propellants that are used to apply the coating.

Id. at 46.

While aerosol coatings are considered to be a consumer product, and emissions of

VOM from aerosol coatings are currently regulated by limits given in a percent by

weight, more effective measures for the reduction of VOM emissions from this specific

product category have been developed. These measures, currently employed in

California, involve the regulation of aerosol coatings by their potential to create ground

level ozone. Id. at 46. This is achieved by assigning maximum incremental reactivity

("MIR") factors to the various solvents used in aerosol coatings, and then setting limits

on the product-weighted maximum incremental reactivity ("PWMIR") that is allowed for

the different categories of aerosol coatings. Id. These limits reflect the number of grams

of ozone that can potentially be produced by each gram of the product. Id. This

methodology for the specific reduction of ozone produced by aerosol coatings allows for

the reformulation of coatings that result in less ozone being produced by the use of the

coating, while still allowing for a relatively high percentage of VOM by weight that may

be necessary for the usefulness of the product. Id. 46-47.

For the purposes of the proposed regulation this source category is broken down

into 36 aerosol coating categories, each with a specific PWMIR limit. Id. at 47. It is

estimated that VOM emissions from aerosol coatings in Illinois are 10.15 tons per day.

Id., Table 4.2.2. It has been estimated by the USEPA that the proposed limits would

result in a 19.4% reduction of VOM emissions from aerosol coating products beyond a

9
baseline level set in 1990. Id. at 58. It is estimated that the proposed rule will result in a

19.4% reduction in equivalent VOM emissions, accounting for an equivalent reduction of

1.97 tons per day or approximately 719 tons per year in Illinois. Id. at 58.

4. Flexibility in Compliance Measures

Manufacturers of products in the consumer products category are allowed greater

flexibility in complying with proposed VOM limits including provisions for an alternate

control plan ("ACP") and the innovative products provision ("IPP"). Id. at 19.

The innovative products provision allows qualified manufacturers to sell products

that have VOC contents greater than the applicable VOC limit, provided they

demonstrate that such products actually emit less VOC than representative products that

comply with the VOC limit. Id. In California and in the OTC region, where limits

similar to those in the proposed Illinois regulation have been adopted, various

manufacturers have formulated technologically-advanced products that are more

concentrated, higher in efficacy, or have some other chemical or physical properties that

permit users to release less VOC when using such products. Id. at 19-20. These

innovative products, if approved by Illinois EPA, shall be allowed under the proposed

regulation, as the environmental impact due to the products will be equal to or less than

comparable affected products. Id. at 20.

The ACP provision allows for approved manufacturers of affected consumer

products to use emissions averaging for their product lines. Id. In general, emissions

averaging under approved ACP plans lets manufacturers choose the least-cost or most

advantageous reformulation option for its product lines. Rather than directly complying

with each and every VOC limit, manufacturers can choose to "overcomply" with some

10
reformulations in order to offset the "undercompliance" of other product lines. Id. The

ACP provision allows for the same amount of VOM emission reduction for averaged

products while providing an added degree of flexibility for manufacturers in compliance.

Regarding aerosol products, the method of limiting the reactivity or the PWMTR.

of the ingredients of a coating in order to reduce the amount of ozone formed as a result

of aerosol coating use provides manufacturers with a great deal of flexibility in

compliance measures. Id. at 52. The proposed regulation still allows for a relatively high

percentage of VOM by weight for the products in order to maintain the same or similar

performance characteristics, and allows for the use of a wide variety of solvents and

propellants, provided that the PWMIR of a given product does not exceed the limit for

that particular category. Id. at 52. In this way the proposed regulation can be effective in

reducing the amount of ozone formed as a result of aerosol coatings while not imposing

stricter VOM limits on manufacturers of the coatings.

IV. GEOGRAPHIC REGIONS AND SOURCES AFFECTED

The geographic region subject to the proposed regulations for VOM emitting

sources is the entire State of Illinois. Manufacturers prefer statewide, or even

regionwide, standards so as to keep the number of product lines to a minimum. There are

numerous manufacturing facilities which produce VOM emitting products and still more

retail operations which sell VOM emitting products. VOM emitting products are used by

virtually every household in the state. Appendix A of the Technical Support Document

lists the affected manufacturers.

V. TECHNICAL FEASIBILITY AND ECONOMIC REASONABLENESS

11
The technology for controlling VOM emissions from consumer products, AIM,

and aerosol products is largely available or being developed. The most effective

approach for achieving reductions in the consumer products category is by reformulating

products currently employing VOM solvents and replacing them with water based

formulations or formulations employing acetone or other exempt solvents. Id. at 16.

Other measures for reducing VOM emissions from consumer products include:

increasing the solids content of products; formulating non-VOM propellants for products;

or changing the valves, containers, or delivery systems of the products. Id. The Illinois

EPA's analysis, explained in detail in Sections 2.3 — 2.7 (consumer products), 3.3 — 3.6

(AIM) and, 4.3 — 4.7 (aerosol coatings) of the Technical Support Document,

demonstrates the technical feasibility and economic reasonableness of this proposed

rulemaking. It should also be noted that these products are already available, or

scheduled to become available in California and Northeastern states.

VI. COMMUNICATION WITH INTERESTED PARTIES

These regulations are being proposed after the interested parties have had an

opportunity to review the proposal and discuss any issues with Illinois EPA. Several

drafts of this proposed rulemaking were distributed to various stakeholders for comment.

Comments were received by the Illinois EPA on each of these drafts, and this proposal

incorporates many of the concerns and suggestions put forth in these comments. Such

comments can generally be categorized into the following areas: the Illinois EPA should

not propose a rule but rather should wait for the USEPA to propose a national rule; if the

Illinois EPA does propose a rule, it should follow the expected format of the USEPA

proposal based upon the OTC model rule; and various minor revisions.

12
VII. THE ILLINOIS EPA's PROPOSAL 

The following is a Section-by-Section summary of the Illinois EPA's Proposal.

35. Ill. Adm. Code 223

Subpart A: General Provisions

Section 223.100	Severability

This section states that 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

This Section lists the various abbreviations used in this Part. Unless otherwise

specified within the Part, the abbreviations used in Part 223 shall be the same as those

found in 35 III. Mm. Code 211.

Section 223.120	Incorporations by Reference

This Section lists the materials that are incorporated by reference. Any

incorporations do not include later amendments or editions.

Subpart B: Consumer and Commercial Products

Section 223.200	Purpose

The purpose Section spells out the objective of Subpart B, which is to limit

emissions of VOM by requiring reductions in the VOM content of consumer and

commercial products.

Section 223.201	Applicability

13
The Applicability Section explains that Subpart B shall apply to any person who

sells, supplies, offers for sale, or manufactures consumer products for use in Illinois,

except as provided in Section 223.230, below (exemptions).

Section 223.203 Definitions for Subpart B 

As stated, this Section lists the definitions contained in this Subpart and notes that

they apply only to the provisions of this Subpart. The Section also reminds the reader of

the primacy of Part 211, noting that unless otherwise defined in the Section, the

definitions of terms used in Subpart B shall have the meanings specified for those terms

in 35 Ill. Adm. Code Part 211.

Section 223.205 Standards

The Standards Section holds that except as provided in Section 223.207 (products

registered under the Federal Insecticide Fungicide and Rodenticide Act), Section 223.230

(exemptions), Section 223.240 (innovative product exemption), or Section 223.245

(alternative control plans), no person shall sell, supply, offer for sale, or manufacture for

sale in Illinois any consumer product manufactured on or after January 1, 2009, which

contains VOM in excess of the limits specified in the Standards Section. It also notes

that no person shall sell, supply, offer for sale, or manufacture for sale in Illinois, on or

after January 1, 2009, any antiperspirant or deodorant that contains any compound listed

under Subsection B.

Section 223.206 Diluted Products

This Section notes that 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 the Standards Section must apply

14
to the product only after the minimum recommended dilution has taken place. The

Section further notes that 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.

Conversely, the Section notes that 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 the Standards Section shall apply to the

product only after the maximum recommended dilution has taken place.

Section 223.207	Products registered under FIFRA

This Section explains that for those consumer products that are registered under

the Federal Insecticide, Fungicide, and Rodenticide Act, (FIFRA, 7 U.S.C. Section

136-136y), the effective date of the VOM standards will be January 1, 2010.

Section 223.208	Requirements for Aerosol Adhesives

Based upon California Code section 41712(h)(2), this Section asserts that the

standards for aerosol adhesives apply to all uses of aerosol adhesives, including

consumer, industrial, and commercial uses. With certain listed exceptions, no person

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

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

specified standard.

Section 223.208(b) explains what is needed to qualify as a "Special Purpose

Spray Adhesive." To do so, the product must meet one or more of the definitions for

"Special Purpose Spray Adhesive" specified in Section 223.203 (Definitions), but if the

product label indicates that the product is suitable for use on any substrate or application

15
not listed in one of the definitions for "Special Purpose Spray Adhesive," then the

product is to be classified as either a "Web Spray Adhesive" or a "Mist Spray Adhesive."

However, 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)

(Standards).

Lastly, the Section allows no person to sell, supply, offer for sale, or manufacture

for use in Illinois any aerosol adhesive which contains either methylene chloride,

perchloroethylene, or trichloroethylene after January 1, 2009 and notes that all aerosol

adhesives must comply with the labeling requirements specified in Section 223.265

(Additional Labeling Requirements for Aerosol Adhesives, Adhesive Removers,

Electronic Cleaner, Electrical Cleaner, Energized Electrical Cleaner, and Contact

Adhesives).

Section 223.209 Requirements for Floor Wax Strippers 

This Section notes that on or after January 1, 2009, no person shall sell, supply,

offer for sale, or manufacture for use in Illinois any floor wax stripper unless certain

special labeling requirements concerning dilution ratios are met.

Section 223.210 Products Containing Ozone-Depleting Compounds 

This Section forbids the sale of consumer products which contain certain ozonedepleting substances. Certain exceptions are made for reformulations which meet the

standards set in Section 223.205(a) or if reformulated to meet Section 223.205(a),

provided the ozone-depleting compound content of the reformulated product does not

16
increase. The prohibition on sales also does not apply to any ozone depleting compounds

that may be present as impurities in a consumer product in an amount equal to or less

than 0.01% by weight of the product.

Section 223.220	Requirements for Charcoal Lighter Material

Section 223.220 forbids the sale, supply, or offer for sale on or after January 1,

2009, of any charcoal lighter material product unless at the time of the transaction the

manufacturer can demonstrate that they have been issued an effective certification by the

CARB under the Consumer Products provisions under Subchapter 8.5, Article 2, Section

94509(h), of Title 17 of the California Code of Regulations. This certification remains in

effect for Illinois for as long as the CARB certification remains in effect. Alternatively,

the person may demonstrate that at the time of the transaction the manufacturer had been

issued a certification by an air pollution agency of another state and the USEPA that was

current at the time of the transaction.

Upon request by the Agency, a manufacturer claiming to have a certification as

specified in subsection 223.220(a) must submit to the Agency a copy of the certification

decision, including all conditions applicable to the certification established by CARB or

the air pollution agency of another state and the USEPA.

Section 223.230	Exemptions

This Section lists the various products which are not covered by the regulation.

These include: any consumer product manufactured in Illinois for shipment and use

outside of Illinois; 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); the VOM limits specified in Section 223.205(a) shall not

17
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; 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 20°C; the

VOM limits specified in Section 223.205(a) shall not apply to any LVP-VOM; and the

requirements of Section 223.250 (Product Dating) shall not apply to consumer products

registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7

U.S.C. Section 136/136y). In addition, 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 VOM under Section 211.7150 or exempted under subsection 223.230(f);

insecticides containing at least 98% para-dichlorobenzene; adhesives sold in containers of

one fluid ounce or less; and, bait station insecticides. For the purpose of this section, bait

station insecticides are containers enclosing an insecticidal bait that is not more than 0.5

ounce by weight, where the bait is designed to be ingested by insects and is composed of

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

Section 223.240	Innovative Product Exemption

This Section states that any manufacturer of consumer products which has been

granted an Innovative Product exemption by the CARB under the Innovative Products

provisions in Subchapter 8.5, Article 2, Section 94511, or Subchapter 8.5, Article 1,

Section 94503.5 of Title 17 of the California Code of Regulations shall be exempt from

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

18
exemption remains in effect, provided that all consumer products within the CARB

Innovative Products exemption are contained in the limits in 223.205(a) of this

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

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

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

exemption.

The Section also establishes special recordkeeping requirements. All information

specified in the innovative product exemption approving an innovative product

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

after the expiration of such exemption. Such records shall be clearly legible and

maintained in good condition during this period. In addition, the records specified shall

be made available to the Agency, or its authorized representative, upon request.

Section 223.245 Alternative Compliance Plans

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.

If allowed, any manufacturer of consumer products which has been granted an

ACP Agreement by the CARB under the provisions in Subchapter 8.5, Article 4, Sections

94540-94555, of Title 17 of the California Code of Regulations 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

19
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 CARB

applicable to the exemption.

In addition, all information specified in the ACP Agreement approving an ACP

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

expiration of such ACP. Such records shall be clearly legible and maintained in good

condition during this period. Such records shall be made available to the Agency or its

authorized representative upon request.

Section 223.250 Product Dating

This Section establishes the duty for all manufacturers of a consumer product

subject to Section 223.205(a) to 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. The Section develops a to indicate the date of manufacture and

excuses manufacturers using such code from compliance with the additional product

dating requirements in Section 223.255(a), if the code is represented separately from

other codes on the product container so that it is easily recognizable.

This date or code shall be displayed on each consumer product container or

package no later than twelve months prior to the effective date of the applicable standard

specified in Section 223.205(a). The Section mandates that the date or datecode 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. Alternatively, information may be

20
displayed on the bottom of a container as long as it is clearly legible without removing

any product packaging.

These requirements shall not apply to products containing no VOM (as defined in

Section 223.203), or containing VOM at 0.10% by weight or less.

Section 223.255	Additional Product Dating Requirements

This Section establishes additional product dating requirements. For instance, if a

manufacturer uses a code other than specified in 223.250(b) indicating the date of

manufacture for any consumer product subject to Section 223.205(a), an explanation of

the date portion of the code must be filed with the Agency no later than 12 months prior

to the effective date of the applicable standard. Beyond this, if a manufacturer changes

any code indicating the date of manufacture for any consumer product subject to this

Section, an explanation of the modified code must be submitted to the Agency before any

products displaying the modified code are sold, supplied, or offered for sale in Illinois.

The Section also forbids the erasing, alteration, defacing, or otherwise removing

or making illegible any date or code indicating the date of manufacture from any

regulated product container without the express authorization of the manufacturer. Nor

may any manufacturer shall affix a date-code that is not true for the date the item was

manufactured.

Finally, date code explanations for codes indicating the date of manufacture are

considered public information and may not be claimed as confidential.

Section 223.260	Most Restrictive Limit

This Section holds that notwithstanding the definition of "product category" in

Section 223.203, if anywhere on the principal display panel of any consumer product

21
manufactured before January 1, 2009, or any FIFRA-registered insecticide manufactured

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

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

Section 223.205(a), then the lowest VOC limit shall apply. This requirement does not

apply to general purpose cleaners, antiperspirant/deodorant products and insecticide

foggers.

Similarly, notwithstanding the definition of "Product Category" in Section

223.203, if anywhere on the container or packaging of any consumer product

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

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

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

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

the lowest VOM limit shall apply. This requirement does not apply to general purpose

cleaners, antiperspirant/deodorant products and insecticide foggers.

Section 223.265

	

Additional LabelintRequirements for Aerosol Adhesives,

Adhesive Removers, Electronic Cleaners, Electrical Cleaners,

Energized Electrical Cleaners, and Contact Adhesives

This Section requires, in addition to the requirements specified in Sections

223.250, 223.260, and 223.270, that both the manufacturer and responsible party for each

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

electrical cleaner, and contact adhesive product subject to this regulation shall ensure that

all products clearly display certain information on each product container which is

manufactured on or after January 1, 2009. This includes: the product category as

specified in Section 223.205(a) or an abbreviation; the applicable VOM standard for the

22
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; that 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"; that 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; and,

that 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.

Furthermore, 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. Information may be

displayed on the bottom of a container as long as it is clearly legible without removing

any product packaging.

Lastly, no person shall remove, alter, conceal, or deface the information required

in Subsection 223.265(a) prior to final sale of the product.

Section 223.270	Reporting Requirements 

This Section requires that, upon request, a responsible party must submit to the

Agency certain information within 30 days of a request by the Agency. This includes the

name, address, and telephone number of the responsible party and the name and

telephone number of the party's designated contact person. For each product subject to

23
Section 223.205(4 the following information must be submitted: the product brand

name; the product label; the product category to which the consumer product belongs; the

applicable product form(s) listed separately; and an identification of the product as a

household product, institutional product, or both. Moreover, separate Illinois sales in

pounds per year, to the nearest pound, and the method used to calculate Illinois sales for

each product form must be reported. Also, for information submitted by multiple

companies, an identification of each company which is submitting relevant data separate

from that submitted by the responsible party. All information from each company shall

be submitted by the date requested by the Agency.

Concerning each product brand name and form, the net percent by weight of the

total product, less container and packaging, comprised of the following, rounded to the

nearest one-tenth of a percent (0.1%) shall be reported: total Section 223.205(a)

compounds; total LVP-VOMs that are not fragrances; total all other carbon-containing

compounds that are not fragrances; total all non-carbon-containing compounds, and; total

fragrance. For products containing greater than two percent by weight fragrance, the

percent of fragrance that are LVP-VOMs; and the percent of fragrance that are all other

carbon-containing compounds; and total paradichlorobenzene. For each product brand

name and form, the identity, including the specific chemical name and associated

Chemical Abstract Services (CAS) number, of the following: each Section 223.205(a)

compound; and each LVP-VOM that is not a fragrance; and if the product includes a

propellant, both the weight percent comprised of propellant for each product; and an

identification of the type of propellant, such as Type A, Type B, Type C, or a blend of the

different types.

24
The Section also requires that in addition to the requirements of subsection

(a)(6),the responsible party shall report or shall arrange to have reported to the Agency,

the net percent by weight of each ozone-depleting compound which is: listed in Section

223.210(a) and contained in a product subject to reporting under subsection 223.270(a) in

any amount greater than 0.1% by weight.

Finally, all manufacturers must submit to the Agency the information requested

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

This Section establishes special recordkeeping requirements. The requirements of

this Section shall apply to all responsible parties for consumer products that are subject to

Section 223.205(a) and contain perchloroethylene or methylene chloride and Energized

Electrical Cleaners as defined in Section 223.203, that contain perchloroethylene or

methylene chloride. For the purposes of this Section, a product "contains

perchloroethylene or methylene chloride" if the product contains 1.0 percent or more by

weight (exclusive of the container or packaging) of either perchloroethylene or methylene

chloride.

Concerning reporting, for each consumer product that contains perchloroethylene

or methylene chloride, the responsible party shall report certain listed information for

products sold in Illinois, upon request of the Agency, within 30 days written notice. This

includes: the product brand name and a copy of the product label with legible usage

instructions; the product category to which the consumer product belongs; the applicable

product form(s) (listed separately); for each product form, the total sales in Illinois during

the calendar year to the nearest pound (exclusive of the container or packaging), and the

25
method used for calculating the Illinois sales; and the weight percent, to the nearest 0.10

percent, of perchloroethylene and methylene chloride in the consumer product.

Section 223.280	Calculating Illinois Sales

This Section states that 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

This Section states that testing to determine compliance with the requirements of

this chapter shall be performed using CARB Method 310, Determination of Volatile

Organic Materials (VOM) in Consumer Products, adopted September 25, 1997, and as

last amended on May 5, 2005, which is incorporated by reference in Section 223.120. It

also notes that 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 certain listed criteria.

Subpart C: Architectural and Industrial Maintenance Coatings

Section 223.300	Purpose

The purpose Section spells out the objective of Subpart C, which is to limit

emissions of VOM 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

The Applicability Section explains that Subpart C shall apply to any person who

supplies, sells, offers for sale, or manufacturers any architectural coating for use within

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

26
architectural coating within Illinois. The Section also lists who Subpart C does not apply

to. The 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

This Section lists the definitions contained in this Subpart and notes that they

apply only to the provisions of this Subpart. The Section also reminds the reader of the

primacy of Part 211, noting that unless otherwise defined in the Section, the definitions of

terms used in Subpart C shall have the meanings specified for those terms in 35	Adm.

Code Part 211

Section 223.310	Standards

Section 223.310 states that except as provided in subsection 223.310(c) (Most

Restrictive VOM Limit), no person shall manufacture, blend, or repackage for sale within

Illinois, supply, sell, or offer for sale within Illinois, or solicit for application or apply

within Illinois, any architectural coating manufactured on or after January 1, 2009, which

contains a VOM content in excess of the corresponding limit specified in the Section.

The Section also explains the method of diluting concentrated substances, forbids

excessive thinning of coating, delineates painting practices, provides special rules for

Rust Preventive Coatings and explains how the VOM content limit is to be determined

for substances not listed in Section 223.310(a).

27
Finally, the Section proclaims that if anywhere on the container of any

architectural coating, or any label or sticker affixed to the container, or in any sales,

advertising, or technical literature supplied by a manufacturer or anyone acting on their

behalf, any representation is made that indicates that the coating meets the definition of

or is recommended for use for more than one of the coating categories listed in Section

223.310(a), then the most restrictive VOM content limit shall apply. Several exceptions

are listed to this policy.

Section 223.320	Container Labeling Requirements

This Section prescribes that each manufacturer of any architectural coatings

subject to this Subpart shall display certain information on the coating container (or label)

in which the coating is sold or distributed. This includes: the date code (the date the

coating was manufactured); thinning recommendations (a statement of the manufacturer's

recommendation regarding thinning of the coating, unless thinned with water); and, the

VOM Content (either the maximum or the actual VOM content of the coating, as

supplied, or the actual VOM content [in grams per liter] including the maximum thinning

as recommended by the manufacturer). Beyond this, for "Industrial Maintenance

Coatings," in addition to the information specified above, each manufacturer shall display

on the label or the lid one or more of the following descriptions: "For industrial use

only;" "For professional use only;" and, "Not for residential use" or "Not intended for

residential use."

Other special labeling provisions are covered by this Section. For "Clear

Brushing Lacquers," the labels shall prominently display the statements "For brush

application only," and "This product must not be thinned or sprayed." For "Rust

28
Preventive Coatings," the label shall prominently display the statement "For Metal

Substrates Only." For "Specialty Primers, Sealers, and Undercoaters," the labels shall

prominently display one or more of the following descriptions listed: "For blocking

stains;" "For fire-damaged substrates;" "For smoke-damaged substrates;" "For

water-damaged substrates;" or, "For excessively chalky substrates." The labels of

"Quick Dry Enamels" shall prominently display the words "Quick Dry" and the dry hard

time. The labels of "Non-Flat High-Gloss Coatings" shall prominently display the words

"High Gloss." Lastly, effective January 1, 2010, the labels of all "Stone Consolidants"

shall prominently display the statement "Stone Consolidant - For Professional Use Only."

Section 223.330	Record Keeping and Reporting Requirements

Under the AIM rule, certain coatings must follow prescribed record keeping and

reporting requirements. The following are in this category. "Clear Brushing Lacquers"

manufacturers shall report, for products sold in Illinois, upon request of the Agency, the

number of gallons of clear brushing lacquers sold in the state during the preceding

calendar year; and the method used by the manufacturer to calculate state sales. "Rust

Preventive Coatings" manufacturers shall report, for products sold in Illinois, upon

request of the Agency, the number of gallons of rust preventive coatings sold in the state

during the preceding calendar year, and the method used by the manufacturer to calculate

state sales. "Specialty Primers, Sealers, and Undercoaters" manufacturers shall report,

for products sold in Illinois, upon request of the Agency, the number of gallons of

specialty primers, sealers, and undercoaters sold in the state during the preceding

calendar year, and the method used by the manufacturer to calculate state sales. For

"Toxic Exempt Compounds," for each architectural coating that contains

29
perchloroethylene or methylene chloride, the manufacturer shall report the following

information for products sold in Illinois, upon request of the Agency: the product brand

name and a copy of the product label with the legible usage instructions; the product

category listed in Section 223.210(a) to which the coating belongs; the total sales in

Illinois during the calendar year to the nearest gallon; and the volume percent, to the

nearest 0.10 percent, of perchloroethylene and methylene chloride in the coating.

Manufacturers of recycled coatings must submit a letter to the Agency selfcertifying their status as a Recycled Paint Manufacturer upon request of the Agency and

shall report, for products sold in Illinois, upon request of the Agency, the number of

gallons of recycled coatings sold in the state during the preceding calendar year, and the

method used by the manufacturer to calculate state sales. Finally, manufacturers of

"Bituminous Roof Coatings" or "Bituminous Roof Primers" shall report, for products

sold in Illinois, upon request of the Agency, the number of gallons of "Bituminous Roof

Coatings" or "Bituminous Roof Primers" sold in the state during the preceding calendar

year, and the method used by the manufacturer to calculate state sales.

Section 223.340	Compliance Provisions and Test Methods

For the purpose of determining compliance with the VOM content limits in

Section 223.310(a), the VOM content of a coating shall be determined by using the

procedures described in subsections 223.340(a)(1) or 223.340(a)(2), as appropriate. The

VOM content of a tint base shall be determined without colorant that is added after the

tint base is manufactured. This Section therefore presents the formulas which must be

used. Section 223.340(a)(1) uses the following formula:

30
VOM Content = (Ws - Ww - Wem)

(Vm - Vw - Vem)

Where:

VOM content

Ws

Ww

Wem

Vm

Vw

Vem

= grams of VOM per liter of coating

= weight of volatiles, in grams

= weight of water, in grams

= weight of exempt materials, in grams

= volume of coating, in liters

= volume of water, in liters

= volume of exempt materials, in liters

This represents, with the exception of low solids coatings, 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.

Section 223.340(a)(2) uses the following formula:

VOM Content (1s) = (Ws - Ww - Wem)

(Vm)

Where:

VOM content (Is) = 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

This represents, for low solids coatings, 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.

Section 223.340(b) lists criteria necessary to perform the calculations in Section

223.340(a). To wit, to determine the physical properties of a coating in order to perform

the calculations in subsection 223.340(a), the reference method for VOM content is

31
USEPA Method 24, except as provided in subsections 223.350 and 223.360. An alternative method to determine the VOM content of coatings is SCAQMD Method 304-91

(Revised February 1996), incorporated by reference in Section 223.120. The exempt

compounds content shall be determined by SCAQMD Method 303-91 (Revised August

1996), incorporated by reference in subsection Section 223.120.

To determine the VOM content of a coating, the manufacturer may use USEPA

Method 24, or an equivalent alternative method, as provided in Section 223.350, formulation data, or any other reasonable means for predicting that the coating has been

formulated 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

This Section allows the use of other test methods demonstrated to provide results

that are acceptable for purposes of determining compliance with subsection 223.340(b),

after review and approved in writing by the Agency and the USEPA.

Section 223.360	Methacrylate Traffic Coating Markings

This Section denotes that analysis of methacrylate multi-component coatings used

as traffic marking coatings shall be conducted according to a modification of USEPA

Method 24 (40 CFR 59, subpart D, Appendix A), or an equivalent method approved by

the CARB. However, this method has not been approved for methacrylate multi32
component coatings used for purposes other than as traffic marking coatings or for other

classes of multi-component coatings.

Section 223.370	Test Methods 

This Section lists certain test methods, and incorporates them by reference, stating

that they shall be used to test coatings subject to the provisions of this Subpart.

Subpart D: Aerosol Coatings

Section 223.400	Purpose

The purpose Section states that the reason for the Subpart is to limit emissions of

volatile organic materials by requiring reductions in the VOM content of Aerosol Coating

products.

Section 223.405	Applicability

The Applicability Section explains that Subpart D shall apply to any person who

sells, supplies, offers for sale, applies, or manufactures aerosol coating products for use in

the state of Illinois, except as provided in Section 223.420 (exemptions).

Section 223.407	Definitions for Subpart D

As stated, this Section lists the definitions contained in this Subpart and notes that

they apply only to the provisions of this Subpart. The Section also reminds the reader of

the primacy of Part 211, noting that unless otherwise defined in the Section, the

definitions of terms used in Subpart D shall have the meanings specified for those terms

in 35 Ill. Adm. Code Part 211.

Section 223.410	Limits and Requirements for Aerosol Coating Products

33
This Section sets the reactivity requirements for aerosol coating products based

upon their date of manufacture. Those manufactured beginning January 1, 2009, must

comply with the reactivity requirements specified in Section 223.410(b).

Section 223.410(b) lists the reactivity limits for aerosol coating products

manufactured beginning January 1, 2009. Except as provided in Sections 223.410(a) and

223.420, no person shall sell, supply, offer for sale, apply, or manufacture for use in

Illinois, any aerosol coating product which, at the time of sale, use, or manufacture,

contains reactive organic compounds that have a PWMIR in excess of the limits specified

after January 1, 2009. The limit is listed as "Product-Weighted Grams Ozone per Gram

Product."

Pursuant to Subsection 223.410(c), if an aerosol coating product is subject to both

a general coating limit and a specialty coating limit, as listed in subsection 223.410(b),

the specialty limit coating shall be used so long as the product meets all the criteria of the

applicable specialty coating category as defined in Section 223.407. However,

notwithstanding the provisions of Sections 223.410(c) and 223.430, high temperature

coatings that contain at least 0.5 percent by weight of an elemental metallic pigment in

the formulation, including propellant, shall be subject to the limit specified for metallic

coatings.

In addition, notwithstanding the provisions of Section 223.410(a) and (b), an

aerosol coating product manufactured prior January 1, 2009, may be sold, supplied,

offered for sale, or applied for up to January 1, 2012. This provision, found in Subsection

223.410(e), does not apply to any product which does not display on the product

34
container or package the date on which the product was manufactured, or a code

indicating such date.

Special rules govern products containing methylene chloride or trichloroethylene.

If the product is subject to the reactivity limits specified in Section 223.410(b), no person

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

coating product which contains methylene chloride or trichloroethylene. However, this

prohibition does not apply to any aerosol coating product containing methylene chloride

or trichloroethylene that is present as an impurity in a combined amount equal to or less

than 0.01% by weight of the product.

Similarly, special rules govern products containing perchloroethylene or ozone

depleting substances. If the product is subject to the reactivity limits specified in Section

223.410(b), no person shall sell, supply, offer for sale, apply, or manufacture for use in

Illinois any aerosol coating product which contains perchloroethylene. In addition, for

any aerosol coating product subject to the reactivity limits specified in Section

223.410(b), no person shall sell, supply, offer for sale, apply, or manufacture for use in

Illinois any aerosol coating product which contains an ozone depleting substance

identified by the USEPA in the Code of Federal Regulations, 40 CFR Part 82, Subpart A,

under Appendices A and B, July 1, 1998. These two requirements, found in Subsections

223.410(g)(1) and (g)(2) shall not apply to any aerosol coating product containing

perchloroethylene, or an ozone depleting substance as identified in Section 223.410(g)(1)

or (g)(2), that are present as impurities in a combined amount equal to or less than 0.01%

by weight of the product.

35
Multicomponent kits, as defined in Section 223.407, are also treated differently.

For these, no person shall sell, supply, offer for sale, apply, or manufacture for use in

Illinois any multi-component kit, in which the total weight of VOM and methylene

chloride contained in the multi-component kit (Total VOM + MC_)„ tnal is greater than the

total weight of VOM and methylene chloride that would be allowed in the multicomponent kit if each component product in the kit had separately met the applicable

VOM standards (Total VOM+	

)standard as calculated below:

(Total VOM + MOactual = (VOMI x W 1 ) + (MCI x W1 ) + (VOM2 x

W2) + (MC2 x W2) + (VOM„ x Wn) + (MC„ x Wn)

(Total VOM + MC )standard = (STD1 x WI ) + (STD2 x W2) + (STD„

x Wn)

Where:

VOM =	the percent by weight VOM of the

component product

MC =	the percent by weight methylene chloride of

the component product

STD =	the VOM standard specified in Section

223.410(a) which applies to the component

product

the weight of the product contents

(excluding container)

Subscript 1 denotes the first component product in the kit

Subscript 2 denotes the second component product in the

kit

Subscript n denotes any additional component product

Conversely, no person shall sell, supply, offer for sale, apply, or manufacture for

use in Illinois any multi-component kit, as defined in Section 223.407, in which the Kit

PWMIR is greater than the Total Reactivity Limit. The Total Reactivity Limit represents

the limit that would be allowed in the multi-component kit if each component product in

36
the kit had separately met the applicable Reactivity Limit. The Kit PWMIR and Total

Reactivity Limit are calculated as in equations (A), (B) and (C) below:

A) Kit PWMIR = (PWMIR0) x W1 ) + (PWMTR(2) x W2) +

(PWMIR(n) x Wn)

B) Total Reactivity Limit = (RL1 x W1 ) + (RL2 x W2) +...+ (R1_, x

C) Kit PWMIR <	Total Reactivity Limit

Where:

the weight of the product contents (excluding

container)

RL	=	the Reactivity Limit specified in Section

223.410(b)

Subscript 1 denotes the first component product in the kit

Subscript 2 denotes the second component product in the kit

Subscript n denotes any additional component product

The Section further prohibits the sale, supply, offer for sale, application, or

manufacture for use in the state of Illinois any aerosol coating product assembled by

adding bulk paint to aerosol containers of propellant, or with the reactivity limits

specified in Section 223.410(6) for products subject to those limits.

Finally, Section 223.410(j) explains the assignment of maximum incremental

reactivity (MIR) values. In order to calculate the PWMIR of aerosol coating products as

specified in Section 223.407, the MIR values of product ingredients are assigned as

follows:

A) Any ingredient which does not contain carbon is assigned a MIR value of

0 .0.

B) Any aerosol coating solid, including but not limited to resins, pigments,

fillers, plasticizers, and extenders is assigned a MIR value of 0.0.

37
C) For any ROC not covered under subparagraphs (A) and (B) of this

paragraph (1), each ROC is assigned the MIR value set forth in

Appendices A and B to this Part.

D) Except as provided in paragraph (3) of this subsection, only ROCs listed

in Appendices A and B to this Part, can be used to comply with the

reactivity limits specified in Section 223.410(b).

E) All individual compounds in an amount equal to or exceeding 0.1 percent

shall be considered ingredients in calculating the PWMIR. Such

individual compounds shall be considered ingredients whether or not they

are reported by the manufacturer pursuant to Appendix A and B.

Section 223.410(j)(2) explains the calculation of PWMIR Values, as noted below:

A) The MIR values dated January 1, 2009, shall be used to calculate the

PWMIR for aerosol coating products.

B) If a new ROC is added to Appendices A and B to this regulation, then the

new ROC may be used in aerosol coating products, and the MIR value for

the new ROC shall be used to calculate the PWMIR after the effective

date of the MIR value.

Lastly, Section 223.410(j)(3) details the calculation of the MIR value for any aromatic

hydrocarbon solvent with a boiling range different from the ranges specified in

subsection (b) of Appendix B of this Part shall be assigned as follows:

A) If the solvent dry point is lower than or equal to 420 degrees F, the MIR

value specified in subsection (b) of Appendix B of this Part for Bin 23

shall be used.

B) If the solvent initial boiling point is higher than 420 degrees F, the MIR

value specified in subsection (b) of Appendix B of this Part for Bin 24

shall be used.

Section 223.420 Exemptions

This Section lists the various products which are not covered by the regulation.

These include: aerosol lubricants, mold releases, automotive underbody coatings,

electrical coatings, cleaners, belt dressings, anti-static sprays, layout fluids and removers,

adhesives, maskants, rust converters, dyes, inks, and leather preservatives or cleaners. In

38
addition, this Subpart shall not apply to any aerosol coating product manufactured in

Illinois for shipment and use outside of Illinois. Nor, as Section 223.420(c) states, shall

the provisions of this Subpart apply to a manufacturer, distributor, or responsible party

who sells, supplies, or offers for sale in Illinois an aerosol coating product that does not

comply with the limits specified in subsection 223.410(b), as long as the manufacturer,

distributor, or responsible party can demonstrate both that the aerosol coating product is

intended for shipment and use outside of Illinois, and that the manufacturer, distributor,

or responsible party has taken reasonable prudent precautions to assure that the aerosol

coating product is not distributed to Illinois. However, subsection (c) does not apply to

aerosol coating products that are sold, supplied, or offered for sale by any person to retail

outlets in Illinois. Finally, the requirements in subsection 223.410(b) prohibiting the

application of aerosol coating products that exceed the limits specified in the subsection

223.410(b) shall apply only to commercial application of aerosol coating products.

Section 223.430 Most Restrictive Limit

Except as otherwise provided in Section 223.410(c), if anywhere on the container

of any aerosol coating product subject to the specified limits in subsection 223.410(b), or

on any sticker or label affixed thereto, or in any sales or advertising literature, any

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

for which a lower limit is specified, then the lowest applicable limit shall apply.

Section 223.440 Labeling Requirements

This Section explains the duties of both the manufacturer and responsible party

for each aerosol coating product subject to this Subpart, to ensure that all products clearly

39
display the certain information on each product container which is manufactured 90 days

or later after January 1, 2009.

Also, products subject to the reactivity limits specified in Section 223.410(b) shall

display: the applicable reactivity limit for the product that is specified in Section

223.410(b); the aerosol coating category as defined in Section 223.407; and, the day,

month, and year on which the product was manufactured, or a code indicating such date.

The Section further requires that the information required shall be displayed on

the product container in a readily observable and clear manner. It also forbids anyone

from removing, altering, concealing, or defacing such information prior to final sale of

the product. Finally, for any aerosol coating product subject to Section 223.410(a), if the

manufacturer or responsible party uses a code indicating the date of manufacture or an

abbreviation of the coating category as defined in Section 223.407, an explanation of the

code or abbreviation must be filed with the Agency prior to the use of the code or

abbreviation.

Section 223.450 Reporting Requirements

This Section requires that any responsible party for an aerosol coating product

subject to this Subpart which is sold, supplied, or offered for sale in Illinois, must supply

the Agency, upon request, the company name, mail address, contact person, and the

telephone number of the contact person. For responsible parties who do not manufacture

their own aerosol coating products, the responsible party shall also supply the

information specified for those manufacturers which produce products for the responsible

party. The responsible party shall also notify the Agency within 30 days of any change in

the information supplied to the Agency.

40
Moreover, upon written notice, each manufacturer or responsible party subject to

this Subpart shall submit to the Agency a written report with the following information

for each product they manufacture under their name or another company's name: the

brand name of the product; a copy of the product label; the owner of the trademark or

brand names; the product category as defined in Section 223.407; the annual Illinois sales

in pounds per year and the method used to calculate Illinois annual sales, and; the product

formulation data. Concerning the product formulation data, for products subject to the

reactivity limits specified in Section 223.410(b), the WMIR and the weight fraction of all

ingredients including: water, solids, each ROC, and any compounds assigned a MIR

value of zero as specified in Section 223.410(j), and Appendices A or B to this Part.

Each ROC must be reported as an ingredient if it is present in an amount greater than or

equal to 0.1% by weight of the final aerosol coatings formulation. If an individual ROC

is present in an amount less than 0.1% by weight, then it does not need to be reported as

an ingredient. In addition, an impurity does not need to be reported as an ingredient if it

meets the following definition:

Rol the purpose of this section, an "impurity" means an individual chemical

compound present in a raw material which is incorporated into the final aerosol

coatings formulation, if the compound is present below the following amounts in

the raw material:

A) For individual compounds that are carcinogens, as

defined in 29 CFR section 1910.1200(d)(4), each

compound must be present in an amount less than

0.1% by weight in order to be considered an

"impurity."

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

a compound must be present in an amount less

than one percent by weight in order to be considered

an "impurity";

41
The Section also requires an identification of each product brand name as a

"household," "industrial," or "both" product, and any other information necessary to

determine the emissions or the product-weighted MIR from aerosol coating products.

Such information requested in this Subsection 223.450(b) may be supplied as an average

for a group of aerosol coating products within the same coating category when the

products do not vary in VOM content by more than two percent (by weight), and the

coatings are based on the same resin type, or the products are color variations of the same

product (even if the coatings vary by more than two percent in VOM content).

Lastly, upon written request, the responsible party for aerosol coating products

subject to this Subpart shall supply the Agency with a list of all exempt compounds

contained in any aerosol coating product within 15 working days.

Section 223.460	Test Methods

This Section states that compliance with the requirements of this Subpart shall be

determined by using certain, prescribed, test methods. However, alternative test methods

which are shown to accurately determine the VOM content, ingredient name and weight

percent of each ingredient, exempt compound content, metal content, specular gloss, or

acid content may also be used after approval in writing by the Agency.

Appendix A Maximum Incremental Reactivity

Appendix A contains "Tables of Maximum Incremental Reactivity (MIR)

Values" for the organic compounds covered by the Subpart.

Appendix B MIR Values for Hydrocarbon Solvents. 

Appendix B contains the MIR values for both "Aliphatic Hydrocarbon Solvents"

and "Aromatic Hydrocarbon Solvents" covered by the Subpart.

42
VIII. CONCLUSION

The Agency proposes a new rule at 35 III. Adm. Code 223 to reduce emissions of

VOM from various consumer products, architectural and industrial maintenance products

and aerosol emissions.

WHEREFORE, for the reasons stated above, the Illinois EPA hereby submits

this regulatory proposal and requests the Board adopt this proposed new Part 223 for the

State of Illinois.

Respectfully submitted,

ILLINOIS ENVIRONMENTAL

PROTECTION AGENCY

Charles E. Matoesian

Assistant Counsel

Division of Legal Counsel

DATED: December 28, 2007

1021 North Grand Ave. East

P.O. Box 19276

Springfield, IL 62794-9276

43
ILLINIOS ENVIRONMENTA

PROTECTION AGEN

Charles E. Ma oesian

Assistant Counsel

Division of Legal Counsel

STATE OF ILLINOIS

SS

COUNTY OF SANGAMON

CERTIFICATE OF SERVICE

I, the undersigned, an attorney, state that I have served the aPac!,_

REGULATORY PROPOSAL entitled "PROPOSED NEW 35 ILL. ADM. CODE PART 223

STANDARDS AND LIMITATIONS FOR ORGANIC MATERIAL EMISSIONS FOR AREA

SOURCES," MOTION FOR WAIVER OF REQUIREMENTS and APPEARANCE

upon the person to whom it is directed, by placing a copy in an envelope addressed to:

Dorothy Gunn, Clerk

Illinois Pollution Control Board

James R. Thompson Center

100 West Randolph, Suite 11-500

Chicago, Illinois 60601-3218

(Overnight Mail)

Virginia Yang

Deputy Legal Counsel

Illinois Department of Natural Resources

One Natural Resources Way

Springfield, IL 62702

(First Class Mail)

Matthew Dunn, Chief

Division of Environmental Enforcement

Office of the Attorney General

188 West Randolph St., 20 th Floor

Chicago, IL 60601

(First Class Mail)

and mailing it from Springfield, Illinois, with sufficient postage affixed, as indicated above.

DATED: December 31, 2007

1021 North Grand Ave. East

Springfield, IL 62794-9276

217.782.5544

217.782.9143 (TDD)
ILLINOIS POLLUTION CONTROL BOARD 

January 24, 2008 

IN THE MATTER OF: 

PROPOSED NEW 35 ILL. ADM. CODE 

PART 223 STANDARDS AND 

LIMITATIONS FOR ORGANIC MATERIAL 

EMISSIONS FOR AREA SOURCES 

) 

) 

) 

) 

) 

) 

 R08-17 

 (Rulemaking - Air) 

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

On January 2, 2008, the Illinois Environmental Protection Agency (Agency) filed a 

proposal under the general rulemaking provisions of Sections 27 and 28 of the Environmental 

Protection Act (Act) (415 ILCS 5/27, 28 (2006)). A motion for waiver of requirements 

accompanied the proposal. Generally, the Agency proposes a new 35 Ill. Adm. Code 223 to 

reduce volatile organic material (VOM) emissions from various consumer products, architectural 

and industrial maintenance products, and aerosol coatings. The Board accepts the proposal for 

hearing today, grants the Agency’s request for waiver of requirements, and directs the hearing 

officer to proceed to hearing in this matter. 

SUMMARY OF AMENDED PROPOSAL

 In support of its proposal to reduce VOM emissions from various consumer products, 

architectural and industrial maintenance products, and aerosol coatings, the Agency submitted a 

Statement of Reasons (Statement) and a Technical Support Document. 

 The Agency states that, effective July 17, 1997, the United State Environmental 

Protection Agency (USEPA) revised the national ambient air quality standard (NAAQS) for 

ozone from 0.120 parts per million (ppm) to 0.080 ppm. Statement at 1. In addition, USEPA 

increased from one hour to eight hours the time period used as the basis for compliance with the 

NAAQS for ozone. Id. at 1-2. 

 The Agency claims that, while many large sources of VOM in the State are already 

regulated, Illinois requires additional control measures to achieve compliance with the eight-hour 

ozone NAAQS. Statement at 4. The Agency states that it proposed this rulemaking in order to 

attain the ozone NAAQS by 2010 and to protect the health of the State’s citizens. Id. The 

Agency claims that combined VOM emissions from consumer products, architectural and 

industrial maintenance coatings, and aerosol coating products “account for approximately 9.86% 

of all anthropogenic VOM emissions in the State of Illinois.” Id. at 5. The Agency argues that 

this proposed rulemaking would reduce VOM emissions by approximately 28.5 tons per day and 

slightly more than 10,000 tons on an annual basis. Id. 

MOTION FOR WAIVER OF REQUIREMENTS
2

 In its motion (Mot.), the Agency notes that the Board’s procedural rules require filing the 

original and nine copies of its regulatory proposal with the Board’s Clerk. Mot. at 1, citing 35 

Ill. Adm. Code 102.200. Because the entire proposal contains approximately 1,000 pages, the 

Agency 

requests that it be allowed to file the original and four complete copies of the 

proposal plus five partial copies, the partial copies consisting of the Table of 

Contents, Statement of Reasons, Technical Support Document, pleadings, and the 

proposed rule absent documents relied upon and incorporations by reference. Id. 

 The Agency further notes that the Act requires it to provide information supporting its 

regulatory proposal. Mot. at 1, citing 415 ILCS 5/27(a) (2006). The Agency states that 

Attachment A lists documents it relied upon in drafting that proposal. Id. at 1-2. Because of the 

number and length of those documents, the Agency requests that the Board waive the normal 

copy requirements and allow filing an original and four copies of documents listed in Attachment 

A. Id. at 2. 

 In addition, the Agency states that the Illinois Administrative Procedure Act allows an 

agency to “incorporate by reference the regulations, standards and guidelines of an agency of the 

United States or a nationally recognized organization or association without publishing the 

incorporated material in full.” Mot. at 2, citing 5 ILCS 100/5-75(a) (2006). The Agency further 

states that the agency adopting a regulation must maintain a copy of the authority incorporated 

by reference and make it available to the public upon request. Mot. at 2, citing 5 ILCS 100/5-

75(b) (2006). The Agency claims that the documents it has incorporated by reference in this 

proposal “are readily accessible to, or are already within the possession of the Board.” Mot. at 2. 

Accordingly, the Agency requests that the Board waive the requirements of its procedural rules 

and allow the Agency not to file specified documents marked by an asterisk in Attachment B. 

Id., citing 35 Ill. Adm. Code 102.200. Due to the large number of documents in Attachment B 

that are not so marked, the Agency also requests that it be allowed to file an original and four 

copies of the remaining documents in Attachment B. Mot. at 2. 

CONCLUSION

The Board finds that the petition meets the content requirements of 35 Ill. Adm. Code 

102. The Board accepts this proposal for hearing and directs the assigned hearing officer to 

proceed to hearing under the rulemaking provisions of the Act and the Board’s procedural rules. 

415 ILCS 5/27, 28 (2006); 35 Ill. Adm. Code 102. After conducting one or more hearings on 

this proposal, the Board will determine whether to proceed to first notice. 

The Board grants the Agency’s motion for waiver of requirements. The Board allows the 

Agency to file an original and four complete copies of its proposal, plus five partial copies 

consisting of the Table of Contents, Statement of Reasons, Technical Support Document, 

pleadings, and the proposed rule. In addition, the Board allows the Agency to file an original 

and four copies of the documents listed in Attachment A to its proposal. The Board also allows 

the Agency not to file specified documents marked with an asterisk in Attachment B to its 
3

proposal. Finally, the Board allows the Agency to file an original and four copies of the 

remaining documents listed in Attachment B. 

 IT IS SO ORDERED. 

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that 

the Board adopted the above order on January 24, 2008, by a vote of 4-0. 

 ___________________________________ 

John T. Therriault, Assistant Clerk 

Illinois Pollution Control Board 
ILLINOIS POLLUTION CONTROL BOARD

January 24, 2008

Jack Lavin, Director

Department of Commerce and Economic Opportunity

620 East Adams Street, S-6

Springfield, Illinois 62704

'RECEIVED CLERK'S OFFICE

JAN 3 1 2008

STATE OF ILLINOIS

Pollution Control Board

Re: Request for Economic Impact Study for: Proposed New 35 Ill. Adm. Code

Part 223 Standards and Limitations for Organic Material Emissions for Area

Sources (R08-17)

Dear Director Lavin:

On January 24, 2008, the Board accepted a proposal for hearing in Proposed

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

Emissions for Area Sources (R08-17). I am writing to request that your Department

conduct an economic impact study concerning this proposal. This rulemaking, filed

with the Board by the Illinois Environmental Protection Agency (Agency), proposes

a new Part to address the control of volatile organic material (VOM) emissions from

various consumer products, architectural and industrial maintenance products, and

aerosol coatings.

The Board is in the process of scheduling initial hearings in this rulemaking,

and expects to hold them within the next 90 days. Although there is no decision

deadline in this rulemaking, the proposal suggests an effective date of January 1,

2009. So, the Board intends to proceed expeditiously with this rulemaking, and asks

that you respond to this request as soon as you conveniently can.

This rulemaking addresses changes adopted by the United State

Environmental Protection Agency (USEPA) on July 17, 1997, that revised the

national ambient air quality standard (NAAQS) for ozone from 0.120 parts per

million (ppm) to 0.080 ppm. In addition, USEPA increased the time period used as

the basis for compliance with the NAAQS for ozone from one hour to eight hours.

In the statement of reasons that accompanied this rulemaking the Agency

stated that, while many large sources of VOM in the state are already regulated,

Illinois requires additional control measures to achieve compliance with the eighthour ozone NAAQS by 2010 and to protect the health of the state's citizens. The

Agency claimed that combined VOM emissions from consumerproducts,

architectural and industrial maintenance coatings, and aerosol coating products

"account for approximately 9.86% of all anthropogenic VOM emissions in the State

of Illinois." The Agency stated that this proposed new rule would reduce VOM
ILLINOIS POLLUTION CONTROL BOARD

emissions by approximately 28.5 tons per day and slightly more than 10,000 tons on

an annual basis.

Since 1998, Section 27 (b) of the Environmental Protection Act has required

the Board to:

1) "request that the Department of Commerce and Economic Opportunity

(formerly the Department of Commerce and Community Affairs) conduct a

study of the economic impact of the proposed rules. The Department may

within 30 to 45 days of such request produce a study of the economic impact

of the proposed rules. At a minimum, the economic impact study shall

address a) economic, environmental, and public health benefits that may be

achieved through compliance with the proposed rules, b) the effects of the

proposed rules on employment levels, commercial productivity, the economic

growth of small businesses with 100 or less employees, and the State's

overall economy, and c) the cost per unit of pollution reduced and the

variability of company revenues expected to be used to implement the

proposed rules; and

(2) conduct at least one public hearing on the economic impact of those

rules. At least 20 days before the hearing, the Board shall notify the public of

the hearing and make the economic impact study, or the Department of

Commerce and Economic Opportunity's explanation for not producing an

economic impact study, available to the public. Such public hearing may be

held simultaneously or as a part of any Board hearing considering such new

rules." 415 ILCS 5/27(b) (2004).

If I, or my staff, can provide you with any additional information, please let

me know.

Thank you in advance for your prompt response.

Sincerely,

G. Tanner Girard

Acting Chairman

Pollution Control Board

cc: Warren Ribley, DCEO
ILLINOIS POLLUTION CONTROL BOARD

John T. Therriault, Assistant Clerk of the Board