I 

IEPAAnACHMENT NO.-

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

IN THE MA TIER OF: } 

) 

AMENDMENTS TO 35 ILL. ADM. ) 

CODEPART223STANDARDSAND ) 

Re:eeaveo 

CLERK'S OFFICe 

JUL l 3 2011 

LIMITATIONS FOR ORGANIC ) 

MATERIAL EMISSIONS FOR AREA ) 

SOURCES ) 

(Rulemaking- Air} SiAJE 0~ ILUNOIS 

PollutiOn Control Board 

) 

TABLEOFCONTENTSOFREGULATORYSUBMITTAL 

L Notice of Filing 

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

Environmental Protection Agency 

3. Statement of Submittal by Lisa Bonnett 

4. Agency Analysis of Economic and Budgetary Effects 

5. Motion for Waiver of Copy Requirements 

6. Statement of Reasons 

7. First Notice Form for 35 Ill. Adm. Code 223 

8. Proposed new 35 Ill. Adm. Code 223 

9. Technical Support Document for Revisions to Title 35 Part 223:Control ofVolatile Organic Material Emissions from Consumer and Commercial 

Products, AQPSTR 1 J -03, Illinois Environmental Protection Agency, 

April, 2011. 

10. Attachments to Technical Support Document for Revisions to Title 35 Part 

223:Control of Volatile Organic Material Emissions from Consumer and 

Commercial Products 

11. Document relied upon, Final Draft of the Model Rule for Consumer 

Products, Ozone Transport Commission, September J 3, 2006. 

12. Certificate of Service 
13. Disk in Microsoft WORD containing Agency's Analysis of Economic and 

Budgetary Effects ECONOMICBUDGET-223.doc), First Notice Form for 

New Part 223 (FIRSTNOTICE-223.doc) and Proposed New Part 223 

(RULE-223.doc) 
BEFORE THE lLLINOIS POLLUTION CONTROL BOARD ~~~.E'S IVED 

OFF tO/: 

JUL 1 3 2011 

SlATE oF= IN THE MATIER OF: ) 

) 

AMENDMENTS TO 35 lLL. ADM. ) 

CODE PART 223 STANDARDS AND ) 

LIMITATIONS FOR ORGANIC ) 

MATERIAL EMISSIONS FOR AREA ) 

SOURCES ) 

TO: 

John Therriault, Clerk 

Illinois Pollution Control Board 

State of Illinois Center 

100 West Randolph, Suite 11-500 

Chicago, Illinois 60601 

Mitchell Cohen 

Chief Legal Counsel 

Illinois Dept. of Natural Resources 

One Natural Resources Way 

Springfield, Illinois 62702-1271 

) 

NOTICE 

(Rulemaking- Air) 

• 

Pollution Co IL.LJNOJi~ ntrol Boiid 

Matthew J. Dunn, Chief 

Environmental 

Enforcement/ Asbestos 

Litigation Division 

Illinois Attorney General's Office 

69 West Washington Street, 18th 

Floor 

Chicago, IL 60602 

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

Control Board the REGULATORY PROPOSAL FOR AMENDMENTS TO 35ILL. 

ADM CODE PART 223 STANDARDS AND LIMITATIONS FOR ORGANIC 

MATERIAL EMISSIONS FOR AREA SOURCES 35 ILL. ADM. CODE PART 223 

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

herewith served upon you. 

ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY 
DATED: July 12,2011 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

217n82-5544 

By:~zz£ Charles E. Matoesian 

Assistant Counsel 

Division of Legal Counsel 
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD 

IN THE MATTER OF: ) 

) 

AMENDMENTS TO 35 ILL. ADM. ) 

CODE PART 223 STANDARDS AND ) 

LIMITATIONS FOR ORGANIC ) 

MA TERJAL EMISSIONS FOR AREA ) 

SOURCES ) 

) 

__ ct 

\d 

~-

(Rulemaking- Air) 

APPEARANCE 

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

of the Illinois Environmental Protection Agency. 

DATED: July 12,2011 

P.O. Box 19276 

Springfield, Illinois 62794-9276 

2171782-5544 

Respectively Submitted, 

ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY 

By:~ Charles E. Matoesian 

Assistant Counsel 

Division of Legal Counsel 
BEFORE THE ILLINOIS POLLUTION CONTROL BOARDRECE!VED 

CLERK'S OFFICE 

IN THE MATTER OF: ) 

) 

AMENDMENTS T035 ILL. ADM. ) 

CODEPART223STANDARDSAND ) 

JUL 1 :J 2011 

STATE OF IlliNOIS 

Pollution Control Soard 

LIMITATIONS FOR ORGANIC ) (Rulemaking- Air) 

MATERIAL EMISSIONS FOR AREA ) 

SOURCES ) 

} ~ .. , CRIGINAL 

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY PROPOSAL OF 

REGULATIONS 

The Illinois Envirorunental Protection Agency moves that the Illinois Pollution Control 

Board adopt the attached regulations. 

DATED: July 12, 2011 

P.O. Box 19276 

Respectfully submitted, 

ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY 

By: 

Lisa 

~-~ Bonnett 

Interim Director 

Springfield, Illinois 62794-9276 

2171782-3397 
Agency: 

Agency Analysis of Economic and 

Budget&!)' Eff~ts of Proposed Rulemaking 

Illinois Pollution Control Board 

PartJTitle: Standards and Limitations for Organic Material Emissions for Area Sources 

(35 Ill. Adm. Code Part 223) 

Illinois Register Citation: -------------------

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

explanation. 

I. Anticipated effect on State expenditures and revenues. 

(a) Current cost to the agency for this program/activity. -$50,300 per year 

(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 

N/A 

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

program/activity. N/A 

(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? No 

2. Economic effect on persons affected by the rulemaking: 

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

Positive_ Negative _L No effect __ 

Persons affected: See list of potentially affected sources in TSD. 

Dollar amount per person: __ 

Total statewide cost: $1.600.000 

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

occur. 

Affected stakeholders may incur additional cost in reformulating or 

repackaging various products. Jt is anticipared tbat in many cases these 
changes will not be necessary. The above total statewide cost is the high end 

of the potential costs. 

(c) Will the rulemaking have an indirect effect that may result in increased 

administrative costs? Will there be any change in requirements such as 

filing, documentation, reporting or completion offorms? 

Tbe rulemaking will have a negligible effect that will not result in increased 

administrative costs. Additional categories of products and VOC limits for 

those products added due to the rulemaking will be handled under current 

administrative procedures and personnel associated with the current Part 

223. 
BEFORE THE ILLINOIS POLLUTION CONTROL BOAR~lfrlfK.~ ~X-~eP 

IN THE MATTER OF: ) 

) 

AMENDMENTS TO 35 ILL. ADM. ) 

CODE PART 223 STANDARDS AND ) 

LIMITATIONS FOR ORGANIC ) 

MATERIAL EMISSIONS FOR AREA ) 

SOURCES ) 

) . 

(Rulemaking- Air) 

JUL 1 ::s 2011 

~JATSOF IW..INOIS 

rwli!JOI'l ControlSoatc~ 

MOTION FOR WAfVER OF COPY REQUIREMENTS 

The Proponent, the Illinois Environmental Protection Agency ("Illinois EPA"), by its 

attorney, and pursuant to 35 Ill. Adm. Code J 01.500, 102.110, 102.200, and I 02.402, 

respectfully moves that the Illinois Pollution Control Board ("Board") waive the requirement that 

the Illinois EPA submit the original and nine copies of the regulatory proposal including all 

documents relied upon, and waive the requirement that the Illinois EPA provide copies of certain 

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. 35 Ill. Adm. Code Section 102.200. 

Section 27(a) of the Environmental Protection Act also requires that the Jllinois EPA provide 

infonnation supporting a regulatory proposal. 415 ILCS 5/27(a). 

2. The Illinois EPA directly relied upon several documents when drafting the regulatory 

proposal, and incorporated by reference certain documents as well. The documents relied upon 

are as follows: 

a_ California Air Resources Board, 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 A ire borne 

Toxic Control Measure for Para-Dichlorobenzene Solid Air Fresheners and 

Toilet/Urinal Care Products, May 7, 2004. 
b) Illinois Environmental Protection Agency, Illinois Ozone Emission 

Inventory for 2008, August 20!0. 

3. There is also a document relied upon, Final Draft of the Model Rule for 

Consumer Products, Ozone Transport Commission, September 13,2006. 

4. This entire regulatory proposal, including the documents listed above, is several 

hundred pages. Given the length of the proposal and the resources required to provide nine 

copies, lllinois EPA requests that the Board waive the normal copy requirements and allow 

Illinois EPA to file the original and four complete copies ofthe documents. 

5. The Illinois EPA further asks that the production of these documents listed above to 

the Attorney General and Illinois Department of Natural Resources ("IDNR"), be waived. 

WHEREFORE, the lllinois EPA moves that the Board waive the requirement that the 

Illinois EPA provide copies ofthe documents listed; and waive the requirement that the Illinois 

EPA provide an original and nine copies of the remaining documents in its proposal, allowing 

the lllinois EPA to provide the original and four copies. 

DATED: July 12, 20l.1 

1021 N. Grand Ave. East 

P.O. Box 19276 

Springfield, IL 62794-9276 

Respectfully submitted, 

ILLINOIS ENVIRONMENTAL 

PROTECTION AGENCY 

laD 

Assistant Counsel 

Division of Legal Counsel 

2 
(217) 782-5544 

3 
RECEIVED 

BEFORE THE ILLTNOIS POLLUTION CONTROL Bo.Jili'.RK'S OFFICE 

IN THE MATTER OF: ) 

JUL 1 3 2011 

STATE OF ILLINOIS 

Pollution Control Board ) 

AMENDMENTS TO 35 ILL. ADM. ) 

CODE, PART 223 STANDARDS AND ) 

LIMITATIONS FOR ORGANIC ) 

MATERIAL EMISSIONS FOR AREA ) 

SOURCES ) 

(Rulemaking- Air) 

) 

STATEMENT OF REASONS 

I. INTRODUCTION 

The Illinois Environmental Protection Agency ("Jllinois 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. Adrn. Code 102.202(b), in support of the attached amendments to 35 Ill. Adrn. 

Code 223, Standards and Limitations for Organic Material Emissions for Area Sources 

("Part 223"). These amendments are proposed to reduce volatile organic material 

("VOM") emissions from various consumer products and aerosol coatings. The proposed 

rule also makes a minor change to the Architectural and Industrial Maintenance ("AIM") 

rule to simplify compliance If adopted, the proposed rule will take effect on July 1, 

2012. 

II. STATEMENT OF FACTS 

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 for Revisions to Title 35 Part 223.· Control of Volatile Organic Material 

Emissions from Consumer and Commercial Products AQPSTR-11-03 ("TSD") at 7. 

Ozone fonnation is thus most active during the summer months because of the direct 

sunlight and high ambient temperatures. ld. As a powerful oxidant, ozone reacts readily 

with a wide range of substances. Id. In humans, ozone acts as an irritant to the 

respiratory system and may damage lung and other tissues. Id. This damage can leacl. to 

impaired breathing and ·reduced immunity to disease for people in good health. !4. 

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

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

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

certain other materials such as rubber. ld. 

Part 223 reduces YOM emissions by putting limits on the VOM contents of 

numerous consumer products. As defmed by the United States Envirorunental Protection 

Agency ("US EPA") in federal rules, a consumer product is any household or institutional 

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

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

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

compounds (40 CFR § 59.202). Id. at 9. The USEPA uses the term volatile organic 

compound ("VOC"), while the !llinois EPA uses the tenn VOM. The tenns are 

interchangeable. 

Consumer products are often used in small quantities, but by numerous people. 

The aggregate emissions thus become troublesome. Together, these items emit about 

9.98% of the total anthropogenic VOM emissions from sources in !llinois. I d. 

2 
Part 223 was created in R08- 17, published on June 19, 2009. In that rulemaking, 

the Illinois EPA sought to regulate numerous consumer products based upon model rules 

of the Ozone Transport Commission ("OTC"). The limits proposed in Part 223 were 

consistent with those in the 2006 OTC Model Rule for Consumer Products that were in 

turn based on the consumer product YOM limits in the California's Midterm Measures II 

ruies and the 2004 amendments to those rules. (TSD, 5). However, when creating Part 

223, the Board felt that a number of categories should be excluded as the lllinois EPA did 

not provide adequate technical support for those limits. ld. The categories excluded at 

that time were those that had been proposed by California in its 2004 Amendments and 

incorporated into the 2006 OTC Model Rule 14 In the present rulemaking, lllinois EPA 

is proposing amendments that would reinstate these categories in Part 223 as originally 

proposed, excepting the previously proposed limits for toilet/urinal care products and 

solid/gel room air fresheners. !d. 

III. PURPOSE AND EFFECT OF THE PROPOSAL 

In this rulemaking, the Illinois EPA is proposing amendments that would include 

the category of sources in Part 223 that were previously proposed, excepting the 

previously proposed limits for toilet/urinal care products and solid/gel room air freshener. 

!d. These proposed amendments to Part 223 include limits in percent VOM by weight 

for adhesive removers, contact adhesives, non-aerosol antistatic products, electrical 

cleaners, electronic cleaners, engine degreasers, fabric refreshers, footwear or leather care 

products, graffiti removers, hair styling products, shaving gels, and wood cleaners. !d. at 

9. YOM emissions from consumer products are generally estimated on the basis of YOM 

3 
content of the products, the average use of these products by people in a given region. 

and the population in that region. !d. at II. 

The Illinois EPA has estimated emissions for the affected categories by using the 

research conducted by the California Air Resources Board ("CARB") in its 2004 Initial 

Statement of Reasons ("ISOR") and adjusting it for the population of Illinois. Jd. at ll. 

Control of these additional source categories are estimated to bring VOM reductions of 

approximately one ton per day in Illinois. Jd. at 18. Indeed, some of these reductions 

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

manufacturers of these products with the California or OTC rules. !d. at 18. 

The amendments also make a minor change to Section 223.305, to simplify 

compliance. Some sellers of AIM products were taking packets of coatings, each of 

which were individually below the minimum volume for compliance, and bundling them 

together to sell in groups. The rationale is that the packets are individually compliant, so 

the product being sold is compliant. For instance, four quart packages might be sold as a 

bWldle rather than a one gallon packet. Thus, the sale is for four products, not one. The 

amendments change the rule so that the volume for sale purposes is the entire package, 

not the individual ones. 

IV. GEOGRAPIDC REGIONS AND SOURCES AFFECTED 

The geographic region subject to the proposed regulations for VOM emitting 

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

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

numerous manufacruring facilities which produce VOM emitting products and still more 

4 
retail operations which sell VOM emitting products. VOM emitting products are used by 

virtually every household in the state. 

V. TECHNICAL FEASIBILITY AND ECONOMIC REASONABLENESS 

The Illinois EPA believes that these amendments are technically feasible and 

economically reasonable. Jt is the position of the Illinois EPA that further regulation of 

these source categories is an integral part of its state implementation plan ("SIP") for 

achieving and maintaining the National Ambient Air Quality Standards (" NAAQS") in 

Illinois. The technology for controlling VOM emissions from consumer products and 

aerosol products is largely available or being developed. To measure the impact of the 

regulations, the lllinois EPA has estimated emissions for the affected categories by using 

the research conducted by CARBin its 2004 ISOR and adjusting it for the population of 

Illinois. Jd. at I I. The Illinois EPA has re]jed upon technical support prepared by CARB 

in its rulemaking for the 2004 amendments. ld. at 15. The 2004 ISOR for the CARB 

rulemaking has been provided as a document relied upon in the technical support 

document. Id. at 20. 

Many of these affected products have been already reformulated and are in use in 

California, and the OTC states. Id. at 13. Indeed, a significant portion of the products 

in the affected categories may already be avai table in Illinois in formulations compliant 

with the proposed limits. !d. at 14. This is due to national and regional manufacturers of 

these products making a one-time change to the products in order to be compliant with 

the most stringent rules in the country and selling the same product nationally. Id. at 13. 

Table 3 of the TSD lists the estimated impacts of the proposed regulation to 

affected businesses, including annualized non-recurring cost and annual recurring costs, 

5 
by affected product categories. ld. at 15. These cost estimates are based upon surveys 

and research conducted by CARB in 200 l before the proposed limits were effective in 

the aforementioned regions. I d. This would indicate that a significant portion of business 

impact to manufacturers of the affected products may have already been realized in 

Illinois. Id. 

Table 4 of the TSD lists the estimated per-unit cost increase based on the 

annualized non-recurring costs and annual recurring costs in Table 2 of the TSD. Id. at 

16. Again, much of this cost to lllinois consumers may already have occurred as many of 

the products are available nationwide. Id. at 16. In its 2004 ISOR, CARB estimated that 

. the proposed limits would cost between $4,020 and $4,680 per ton ofVOM reduced. ld. 

at 17. Illinois EPA considers this to be an overestimate of the cost per tan ofVOM 

reduced in Illinois from the proposed rules because a significant part of these costs have 

already been realized in Illinois and nationwide. ld. Thus, as compliant products have 

already been developed for several areas of the country, the Illinois EPA believes this 

proposal to be economically reasonable and technically feasible. 

VI. COMMUNICA TJON 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. 

VII. THE ILLINOIS EPA's PROPOSAL 

The following is a Section-by-Section swnmary of the lllinois EPA's Proposal. 

35. III. Adm. Code 223 

Subpart B: Consumer and Commercial Products 

6 
Section 223.201 Applicability 

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) and states that January 1, 

2009 is the effective date unless otherwise specified. 

Section 223.203 Definitions for Subpart B 

Several defmitions have been added or amended. 

Section 223.205 Standards 

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

registered llJlder the Federal Insecticide fllllgicide 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 l, 2009, wh.ich 

contains YOM in excess of the limits specified in the Standards Section. Several new 

categories have been added. These are listed as having an effective date of July I, 2012. 

The section also notes that no person shall sell, supply, offer for sale, or manufacture for 

sale in Illinois, on or after January l, 2009, any antiperspirant or deodorant that contains 

any compound listed under Subsection B. 

Section 223.211 Requirements for Adhesive Removers, Aerosol Adhesives, 

Contact Adhesives, Electrical Cleaners, Electronic Cleaners, 

Footwear or Leather Care Products,General Purpose 

Derreasers, and Graffiti Removers 

This Section states that effective July 1, 2012, no person shall sell, supply, offer for sale, 

or manufacture for use in Illinois any Adhesive Removers, Aerosol Adhesives, Contact 

7 
Adhesives, Electrical Cleaners, Electronic Cleaners, Footwear or Leather Care Products, 

General PUIJlose De greasers, and Graffiti Removers that contain any of the following 

compounds: methylene chloride, perchloroethylene, or trichloroethylene. The 

requirements of Section 223.21 1 (a) do not apply to any of the aforementioned categories 

if methylene chloride, perchloroethylene, or trichloroethylene is present as an impurity in 

a combined amoWlt equal to or less than 0.01% by weight. 

Subpart C: Architectural and Industrial Maintenance Coatinl!s 

Section 223.305 Applicability 

Amends Section 223J05(c) to prevent sellers of AIM coatings from grouping 

small packets of coatings together to sell as one product and thus avoid the volume limits 

in the rule. Adds the following language to subsection (c), "For the purposes of this 

subsection the volume of architectural coating in a container shall be considered the total 

volume of coating that is packaged as unit of retail sale or for use by the consumer," thus 

preventing sellers from evading compliance. 

VIII. CONCLUSION 

The Agency proposes amendments to 35 Ill. Adm. Code 223 to reduce emissions 

ofVOM from various consumer products, architectural and industrial maintenance 

products and aerosol emissions. 

WHEREFORE, for the reasons slated above, the Illinois EPA hereby submits 

this regulatory proposal and requests the Board adopt these amendments to Part 223 for 

the State of Illinois. 

8 
DATED: July 12, 20 ll 

1 021 North Grand Ave. East 

P.O. Box 19276 

Springfield, IL 62794-9276 

Respectfully submitted, 

TIDNOIS ENVIRONMENTAL 

PROTECTION AGENCY 

By~ 

Charles E. Matoesian 

Assistant Counsel 

Division of Legal Counsel 

9 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

1) Heading of the Part: STANDARDS AND LIMITATIONS FOR ORGANIC 

MATERIAL EMISSIONS FOR AREA SOURCES 

2) Code Citation: 35 Illinois Administrative Code Part 223 

3) Section Numbers: 

223.201 

223.203 

223.205 

223.211 

223.305 

Proposed Action: 

Amended 

Amended 

Amended 

New 

Amended 

4) Statutory Authority: 

415 ILCS 5/10, 27, 39 and 39.5 

5) A Complete Description of the Subjec1S and Issues Involved: 

Updates Part 223 to reflect the addition of several consumer products to the existing list. 

Also clarified the definition of a package under the Architectural and Industrial 

Maintenance Coatings Subpart. 

6) Published studies or reports, and sources of underlying data, used to compose this 

rulemaking: 

a. California Air Resources Board, 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 A ire borne 

Toxic Control Measure for Para-Dichlorobenzene Solid Air Fresheners and 

Toilet/Urinal Care Products, May 7, 2004. 

b) lllinois Environmental Protection Agency, Illinois Ozone Emission 

Inventory for 2008, August 201 D. 

c) Final Draft ofrhe Model Rule for Consumer Products, Ozone Transport 

Commission, September 13, 2006. 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

7) Will this proposed rule replace an emergency rule currently in effect? No 

8) Does this rulemakiog contain an automatic repeal date? __ Yes X No 

9) Does this proposed rule contain incorporations by reference? No 

I 0) Are there any other proposed rule(s) pending on this Part? No 

11) Statement of Statewide Policy ObJectives: 

These proposed amendments do not create or enlarge a state mandate as defined in 

Section 3(b) of the State Mandates 

Act. [30 ILCS 805/3]. 

12) Time, Place, and Manner in which interested persons may comment on this proposed 

rulemaking: 

The Board will accept written public comments on this 

proposal for a period of forty-five (45) days after the date of publication in the 

Illinois Register. Comments should reference Docket R 11- and be addressed 

to: 

Clerk's Office 

Illinois Pollution Control Board 

100 W. Randolph St., Suite 11-500 

Chicago, 11 60601 

And 

Charles E. Matoesian 

lllinois Environmental Protection Agency 

1 021 North Grand A venue East 

P.O. Box 19276 

Springfield, IL 62794-9276 

217-782-5544 

\3) Initial Regulatory Flexibility Analysis: 
ILLINOIS REGISTER 

POLLUTION CONTROL BOARD 

NOTICE OF PROPOSED AMENDMENTS 

A) Types of small businesses, small mtmicipalities and not for profit corporations 

affected: Any small businesses, small municipalities, or not for-profit 

corporations that sell consumer products will be affected by the proposed 

amendments. 

B) Reporting, bookkeeping or other procedures required for compliance: NO 

C) Types of Professional skills necessarv for compliance: None 

14) Regulatory Agenda on which this rulemaking was summarized: 

January, 2011 

JS) Does this amendment require the review of the Procurement Policy Board as 

specified in Section 5-25 of the Illinois Procurement Code? [30 JLCS 500/5-25] 

No 

The full text of the Proposed Rule(s) begins on the next page: 
TITLE 35: ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER 1: POLLUTION CONTROL BOARD 

SUBCHAPTER c: EMISSION STANDARDS AND LIMIT A T!ONS 

FOR STATIONARY SOURCES 

PART223 

STANDARDS AND LIMITATIONS FOR ORGANIC MATERIAL EMISSIONS FOR AREA 

SOURCES 

Section 

223.100 

223.105 

223.120 

Section 

223.200 

223.201 

223.203 

223.205 

223.206 

223.207 

223.208 

223.209 

223.210 

223.211 

223.220 

223.230 

223.240 

223.245 

223.250 

223.255 

223.260 

223.265 

SUBPART A: GENERAL PROVISIONS 

Severability 

Abbreviations and Acronyms 

Incorporations by Reference 

SUBPART B: CONSUMER AND COMMERCIAL PRODUCTS 

Purpose 

Applicability 

Definitions for Subpart B 

Standards 

Diluted Products 

Products Registered under FIFRA 

Requirements for Aerosol Adhesives 

Requirements for Floor Wax Strippers 

Products Containing Ozone-Depleting Compounds 

Requirements for Adhesive Removers. Aerosol Adhesives. Contact 

Adhesives. Electrical Cleaners, Electronic Cleaners. Footwear or 

Leather Care Products, General Puroose De greasers. and Graffiti 

Removers 

Requirements for Charcoal Lighter Material 

Exemptions 

Innovative Product Exemption 

Alternative Compliance Plans 

Product Dating 

Additional Product Dating Requirements 

Most Restrictive Limit 

Additional Labeling Requirements for Aerosol Adhesives, Adhesive Removers, 

Electronic Cleaners, Electrical Cleaners, Energized Electrical Cleaners, and 

ContactAdhesives 
223.270 

223.275 

223.280 

223.285 

Reporting Requirements 

Special Recordkeeping Requirements for Consumer Products that Contain 

Perchloroethylene or Methylene Chloride 

Calculating Illinois Sales 

Test Methods 

SUBPART C: ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS 

Section 

223.300 

223.305 

223.307 

223.3 I 0 

223.320 

223.330 

223.340 

223.350 

223.360 

223.370 

Purpose 

Applicability 

Definitions for Subpart C 

Standards 

Container Labeling Requirements 

Reporting Requirements 

Compliance Provisions and Test Methods 

Alternative Test Methods 

Methacrylate Traffic Coating Markings 

Test Methods 

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

Environmental Protection Act [ 415 !LCS 5110, 27 and 28]. 

SOURCE Adopted in R08-17 at 33 Ill. Reg. 25, effective June 8, 2009; amended in at 

------~effective------' 

Section 223.201 Applicability 

Except as provided in Section 223.230, unless another date is specified, this Subpart shall apply 

to any person who sells, supplies, offers for sale, or manufactures consumer products on or after 

July 1, 2009, for use in Illinois. 

(Source: Amended at-------' effective ______ _...) 

Section 223.203 Definitions for Subpart B 

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

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

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

2 
"Adhesive" means any product that is used to bond one surface to another by attachment. 

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

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

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

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

Covering Adhesive", and "General Pwpose Adhesive", "Adhesive" does not include 

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

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

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

substrate or a variety of substrates. "Adhesive Remover'' does not include products that 

remove adhesives intended exclusively for use on humans or animals. 

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

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

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

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

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

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

underlying substrate. 

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

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

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

are considered "Gasket or Thread Locking Adhesive Remover". 

"General Purpose Adhesive Remover" means a product designed or labeled to 

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

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

limited to, the following: products that remove thermoplastic adhesives, pressure 

sensitive adhesives, dextrine or starchbased adhesives, casein glues, rubber or 

latex-based adhesives, and products that remove stickers, decals, stencils, or 

similar materials. "General Pwpose Adhesive Remover" does not include "Floor 

or Wall Covering Adhesive Remover''. 

"Specialty Adhesive Remover'' means a product designed to remove reactive 

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

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

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

"Specialty Adhesive Remover" does not include "Gasket or Thread Locking 

Adhesive Remover". 

3 
"Aerosol Adhesive" means an aerosol product in which the spray mechanism is 

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

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

spray adhesives", "mist spray adhesives" and "web spray adhesives." 

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

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

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

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

mechanically induced force. "Aerosol Product" does not include "Pump Spray". 

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

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

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

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

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

"Home Use" means use in a household or its irnrnediate environment; 

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

Control Act [225 ILCS 235]; 

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

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

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

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

office complexes. 

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

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

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

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

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

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

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

distribution. "Air Freshener" does include spray disinfectants and other products that are 

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

disinfectants when offered for sale through institutional and industria] channels of 

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

4 
representations regarding product use on the label or packaging and in the product's 

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

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

not constitute a claim of air freshening. 

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

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

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

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

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

cloth or paper wipes (towelettes). 

"Alternative Control Plan" or "ACP" means any emissions averaging program approved 

by the Agency pursuant to the provisions of this Subpart. 

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

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

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

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

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

not include prescription drug products, antiperspirants, "Astringent!foner", deodorant, 

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

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

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

"Antiperspirant" means any product, including, but not limited to, aerosols, roll-ens, 

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

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

percent of a target population. 

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

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

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

of"Aerosol Coating Product" or "Architectural Coating". 

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

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

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

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

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

5 
downspouts, stairways, fixed ladders, catwalks and fire escapes, and window screens. 

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

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

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

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

considered "Architectural Coatings" for the purposes of this Subpart. 

"Astringentffoner" means any product not regulated as a drug by the United States Food 

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

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

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

"Medicated Astringent/Medicated Toner", cold cream, lotion, or antiperspirant. 

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

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

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

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

temperature, and contains 0% water by formulation. 

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

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

allowed to dry. 

"Automotive Rubbing or Polishing Compound" means a product designed primarily to 

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

surfaces of motor vehicles without leaving a protective barrier. 

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

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

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

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

does not include "Automotive Rubbing or Polishing Compo\Uids", automotive wash and 

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

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

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

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

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

manufacturer in a new vehicle. 

6 
"Bathroom and Tile Cleaner" means a product designed to clean tile or surfaces in 

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

toilet tanks or urinals. 

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

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

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

roadway paint markings, and asphalt. 

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

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

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

carburetor or fuel injectors. 

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

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

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

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

fabric protectant claims. The term does not include "General Ptupose Cleaners", "Spot 

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

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

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

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

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

tinder, natural gas, propane, and fat wood. 

"Colorant'' means any pigment or coloring material used in a consumer product for an 

aesthetic effect or to dramatize an ingredient. 

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

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

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

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

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

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

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

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

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

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

include "Floor Seam Sealer". 

7 
"Consumer" means any person who purchases or acquires any CQnsumer product for 

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

for resale are not "consumers" for that product. 

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

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

polishes, floor fmishes, cosmetics, personal care products, home lawn and garden 

products, disinfectants, sanitizers, aerosol paints, and automotive specialty products. 

"Consumer Product" does not include other paint products, furniture coatings, or 

architeciural coatings. As used in this Subpart, "Consumer Product'' shall also refer to 

"Aerosol Adhesive", including "Aerosol Adhesive" used for consumer, industrial or 

commercial uses. 

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

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

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

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

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

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

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

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

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

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

Adhesive- Special Purpose". 

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

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

molecular weight polyethylene, rubber, or high pressure laminate or wood veneer 1116 

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

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

automotive applications that are either automotive Wider the hood applications requiring 

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

decorative trim. 

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

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

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

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

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

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

8 
"Crawling Bug Insecticide" means any insecticide product that is designed for use against 

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

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

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

only: 

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

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

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

cockroaches, or other household crawling arthropods. 

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

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

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

family Pyroglyphidae. 

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

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

"Deodorant" means: 

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

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

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

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

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

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

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

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

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

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

sticker or label affixed to the container or packaging to-the container or packaging 

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

"Deodorant Body Spray" means: 

For products manufactured before July 1, 2009: a "Personal Fragrance Product" 

with 20 percent or less fragrance. 

9 
For products manufactured on or after July l, 2009: a "Personal Fragrance 

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

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

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

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

human axilla, is a "Deodorant" 

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

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

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

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

application of pesticides when sold separately from the device. 

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

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

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

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

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

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

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

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

toilet bowl cleaners, or metal polishes. 

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

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

before use to mix the phases, producing an emulsion. 

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

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

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

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

at the customer's residence or work place. The tenn does not include "Spot Remover" or 

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

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

products as specified by the Joint Industry Fabric Standards Committee. 

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

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

not include "Pressurized Gas Duster". 

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

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

10 
armatures, relays, electric panels, or generators. The term does not include "General 

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

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

equipment. 

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

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

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

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

computers. "Electronic Cleaner" does not include "General Purpose Cleaner", "General 

Purpose Degreaser'', "Dusting Aid", "Pressurized Gas Duster", "Engine Degreaser", 

"Electrical Cleaner", "Energized Electrical Cleaner", "Anti-Static Product", or products 

designed to clean the casings or housings of electronic equipment. 

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

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

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

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

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

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

This does not include "Electronic Cleaner''. 

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

other contaminants from the external surfaces of engines and other mechanical parts. 

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

supplied, manufactured, or offered for sale in Illinois prior to July I, 2009, or any 

subsequently introduced identical formulation. 

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

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

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

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

only" and sold in containers of l 0 fluid ounces or less. 

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

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

11 
household furniture or objects upholstered or covered with fabrics such as, but not limited 

to, wool, cotton, or nylon, "Fabric Refresher" does not include "Anti-static Product", 

"Carpet and Upholstery Cleaner", "Soft Household Surface Sanitizers", "Footwear or 

Leather Care Product", "Spot Remover", or "Disinfectant", or products labeled for 

application to both fabric and human skin_ 

For the purposes ofthis definition only, "Soft Household Surface Sanitizer" 

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

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

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

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

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

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

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

or Body Cleaner or Soap", "Medicated Astringent/Medicated Toner", or "Rubbing 

Alcohol." 

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

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

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

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

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

simulated marble and wood grain_ 

"Flea and Tick Insecticide" means any insecticide product that is designed for use against 

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

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

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

vinyl and vinyl composite flooring. 

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

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

surfaces that may be subjected to foot traffic_ 

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

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

periodically replenished_ The term does not include "Spray Buff Products", products 

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

12 
designed for unfmished wood floors, and coatings subject to architectural coatings 

regulations. 

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

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

flooring. 

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

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

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

products designed to remove floor wax solely through abrasion. 

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

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

moths, or gnats. The tenn does not include "Wasp and Hornet Insecticide", products that 

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

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

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

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

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

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

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

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

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

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

Purpose Adhesive", "Contact Adhesive", "Vinyl/Fabric/Leather/Polycarbonate Coating", 

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

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

than two millimeters thick. 

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

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

two mrn of Hg at 2o•c, the sole purpose of which is to impart an odor or scent, or to 

counteract a malodor. 

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

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

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

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

finish such as stains, sanding sealers and lacquers. 

13 
"Furniture Coating" means any paint designed for application to room furnishings 

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

sofas. 

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

phase to produce a semisolid material, such as jelly_ 

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

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

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

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

such as differem types of metals, paper products, ceramics, p.lastics, rubbers, or vinyls), 

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

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

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

"General Purpose Cleaner" means a product designed for general all-pwpose cleaning, in 

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

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

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

include "General Purpose Degreasers" and "Electronic Cleaners". 

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

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

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

"General Purpose Cleaner", "Adhesive Remover", "Electronic Cleaner", "Electrical 

Cleaner", "Energized Electrical Cleaner", "Metal Polish/Cleanser", products used 

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

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

labeled "not for retail sale". 

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

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

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

container. 

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

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

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

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

drug products, "Antimicrobial Hand or Body Cleaner or Soap", "Astringent!Toner'', 

14 
"Facial Cleaner or Soap", "Hand Dishwashing Detergent" (including antimicrobial), 

"Heavy-duty Hand Cleaner or Soap", ''Medicated Astringent/Medicated Toner", or 

"Rubbing Alcohol." 

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

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

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

photocopying machines. 

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

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

The term does not include "Paint Remover or Stripper'', "Nail Polish Remover", or "Spot 

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

considered "Graffiti Removers." 

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

provide limited holding power. 

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

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

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

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

is to condition or hold the hair. 

"Hair Spray" means: 

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

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

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

style for a period of time. 

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

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

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

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

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

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

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

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

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

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

the hair's shape. 

15 
"Hair Styling Gel" means a consumer product manufactured before July 1, 2009 that is a 

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

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

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

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

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

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

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

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

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

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

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

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

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

to temporarily alter the hair's shape. 

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

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

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

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

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

Hand or Body Cleaner or Soap", "Medicated Astringent/Medicated Toner" or "Rubbing 

Alcohol." 

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

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

for use and possession. 

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

means any volatile organic material or volatile organic compound that exerts a vapor 

pressure greater than 80 millimeters of Mercury (rnrn Hg) when measured at 20°C. 

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

inside or outside of living quarters or residences that are occupied or intended for 

occupation by individuals, including the immediate surroundings. 

"Hlinois Sales" means the sales (net pounds of product, less packaging and container, per 

year) in Illinois for either the calendar year immediately prior to the year that the 

registration is due or, if that data is not available, any consecutive 12 month period 

commencing no earlier than two years prior to the due date of the registration. If direct 

16 
sales data for Illinois is not available, sales may be estimated by prorating national or 

regional sales data by population. 

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

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

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

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

structural pest control license under the Structural Pest Control Act 1225 ILCS 2351 or 

resoicted materials that require a permit for use and possession. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

reaction and to provide a solid, protective film. 

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

laundering and that supplements and contributes to the effectiveness of laundry 

detergents and/or provides specialized performance. 

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

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

act to help ease ironing of the fabric. This includes, but is not limited to, fabric finish, 

sizing, and starch. 

17 
"Lawn and Garden Insecticide" means an insecticide product labeled primarily tc be used 

in household lawn and garden areas to protect plants from insects or other arthropods. 

Notwithstanding the requirements of Section 223.260, aerosol "Lawn and Garden 

Insecticides" may claim tc kill insects or other arthropods. 

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

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

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

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

solid particles. 

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

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

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

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

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

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

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

"L VP Content" means the total weight, in pounds, ofLVP compounds in an ACP product 

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

container and packaging), expressed to the nearest 0.1. 

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

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

Has a vapor pressure less than 0.1 mm Hg at 20°C, as determined by CARB 

Method 310, incorporated by reference in Section 223.120; or 

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

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

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

point are unknown; or 

Is a chemical material or compound with a boil.ing point greater than 216°C, as 

determined by CARB Method 310, incorporated by reference in Section 223 120; 

or 

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

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

18 
For the purposes of the definition of L VP-VOM, chemical material or compound 

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

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

or compounds. 

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

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

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

does not include hand, face, or body cleaner or soap products, "Astringen11Toner", cold 

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

prescription. 

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

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

compound that exerts a vapor pressure greater than two mm Hg and less than or equal to 

80 mm Hg when measured at 20°C. 

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

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

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

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

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

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

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

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

de greasing tanks. 

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

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

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

substrate. 

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

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

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

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

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

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

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

19 
"Multi-Purpose Solvent" means any organic liquid designed to be used for a variety of 

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

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

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

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

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

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

ofthe goods or commodities at the site of the establishment. 

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

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

and top coats. 

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

from fmgeroails or toenails. 

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

pressurized spray system. 

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

carbon atoms. 

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

includes terrazzo, marble, slate, granite, brick, stone, ceramic tile and concrete. 

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

to plants without regard to species. 

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

deposits from oven walls. 

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

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

application and is used for protection, decoration or identification, or to serve some 

functional purpose such as the filling or concealing of surface irregularities or the 

modification of light and heat radiation characteristics. 

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

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

the substrate. This does not include "Multi-purpose Solvents", paintbrush cleaners, 

products designed and labeled exclusively as "Graffiti Removers", and hand cleaner 

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

20 
"Penetrant" means a lubricant designed and labeled primarily to loosen metal parts that 

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

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

labeled primarily to loosen bonded parts. 

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

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

cologne, perfume, aftershave, and toilet water. This does not include "Deodoranf';~ 

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

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

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

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

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

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

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

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

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

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

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

Agency does not consider to be a pesticide. 

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

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

in gloss level, or to cover fingerprints. 

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

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

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

be cleaned with solvents. This does not include "Dusting Aid". 

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

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

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

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

to all such "Principal Display Panels." 

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

principal display panel of the product. 

21 
"Product Category'' means the applicable category, defined in this Section and limited in 

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

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

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

A = Aerosol Product 

S =Solid 

P = Pump Spray 

L= Liquid 

SS = Semisolid 

0= Other 

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

same product category or categories. 

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

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

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

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

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

"Responsible ACP Party" is the party the ACP product was "manufactured for" or 

"distributed by", as noted on the label. 

"Restricted Materials" means pesticides established as restricted materials under 

applicable Illinois statutes or regulations. 

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

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

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

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

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

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

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

tire. 

"Rubbing Alcohol" means any product containing isopropyl alcohol (also called 

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

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

massage. 

22 
"Rust Preventive Coating" means a coating formulated exclusively for nonindustrial use 

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

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

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

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

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

in the "Lacquer" category. 

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

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

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

caulking compounds, Clear/paintablelwater resistant caulking compounds, floor seam 

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

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

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

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

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

intervals. "Clear/paintable/water resistant caulking compound" means a 

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

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

is immediately resisiant to precipiiation upon application. 

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

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

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

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

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

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

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

offacial or other body hair. This does not include "Shaving Cream". 

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

provide lubricity primarily through the use of silicone compounds including, but not 

limited to, polydimethylsiloxane, and designed and labeled for general purpose 

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

products designed and labeled exclusively to release manufactured products from molds. 

23 
"Single Phase Aerosol Air Freshener" means an aerosol air freshener with the liquid 

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

container be shaken before use. 

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

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

determined under ASTM 04359-90, incorporated by reference in Section 223.120, or an 

equivalent method approved by the California Air Resources Board. 

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

following definitions: 

"Mounting Adhesive" means an aerosol adhesive designed to permanently mount 

photographs, artwork, and any other drawn or printed media to a backing (paper, 

board, cloth, etc.) without causing discoloration to the artwork. 

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

vinyl to substrates. Flexible vinyl means a nonrigid polyvinyl chloride plastic 

with at least five percent, by weight, of plasticizer content. A plasticizer is a 

material, such as a high boiling point organic solvent, that is incorporated into a 

plastic to increase its flexibility, workability, or distensibility, and may be 

determined using ASTM E260-96, incorporated by reference in Section 223.120, 

or from product formulation data or an equivalent method approved by the 

CARB 

"Polystyrene Foam Adhesive" means an aerosol adhesive designed to bond 

polystyrene foam to substrates. 

"Automobile Headliner Adhesive" means an aerosol adhesive designed to bond 

together layers in motor vehicle headliners. 

"Polyolefin Adhesive" means an aerosol adhesive designed to bond polyolefins to 

substrates. 

"Laminate Repair/Edgebanding Adhesive" means an aerosol adhesive designed 

for: 

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

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

24 
The touch-up, repair, or attachment of edge banding materials, including 

but not limited to other laminates, synthetic marble, veneers, wood 

molding, and decorative metals. 

For the purposes of this definition "high pressUie laminate" means sheet 

materials that consist of paper, fabric, or other core material that have been 

laminated at temperatUies exceeding 265° F, and at pressures between 

J ,000 and 1,400 psi. 

"Automotive Engine Compartment Adhesive" means an aerosol adhesive 

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

and plasticizer resistance, as well as high shear strength, at temperatures of 200 to 

275° F. 

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

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

does not require subsequent laundering to achieve stain removal. This does not include 

"Dry Cleaning Fluid", "Laundry Prewash", or "Multi-Purpose Solvent" 

"Spray Buff Product" means a product designed to restore a worn floor finish in 

conjunction with a floor buffing machine and special pad. 

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

a solid matrix form, and that dispenses the active ingredients by frictional action on the 

affected area. 

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

conditions of continuous immersion in fresh or salt water and that conforms with Federal 

Specification MMM-A-181 D (Type I, Grade A), incorporated by reference in Section 

223.120, and MIL-A-4605 (Type A, Grade A and Grade C), per the Federal Consumer 

Products Regulation (40 CPR 59, subpart C), incorporated by reference in Section 

223.120. 

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

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

temporarily inflate and seal a leaking tire. 

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

deodorize toilet bowls, toilet tanks, or urinals. Toilet bowls, toilet tanks, or urinals 

include, but are not limited to, toilets or urinals coruJected to permanent plumbing in 

buildings and other structures, portable toilets or urinals placed at temporary or remote 

25 
locations, and toilets or urinals in vehicles such as buses, recreational motor homes, 

boats, ships, and aircraft. This does not include "Bathroom and Tile Cleaner" or 

"General Purpose Cleaner." 

"Type A Propellant" means a compressed gas, such as C02, N2, N20, or compressed air 

that is used as a propellant, and is either incoiJlorated with the product or contained in a 

separate chamber within the product's packaging. 

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

chlorofluorocarbons (CFCs), hydrochlorotluorocarbons (HCFCs), and 

hydrofluorocarbons (HFCs) 

"Type C Propellant" means any propellant that is not a Type A or Type B propellant, 

including propane, isobutane, n-butane, and dimethyl ether (also known as dimethyl 

oxide). 

"Undercoating" means any aerosol product designed to impart a protective, non-paint 

layer to the undercarriage, trunk interior, and/or ftrewall of motor vehicles to prevent the 

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

mastic, or asphaltic products. 

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

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

the product is to be used. 

"Vinyl!Fabric!Leather/Polycarbonate Coating" means a coating designed and labeled 

exclusively to coat vinyl, fabric. leather, or polycarbonate substrates. 

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

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

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

223.285(a) and (b). 

For charcoal lighter material products only, 

"OC C (Certified Emissions x I 00) r' on tent=.:__;_ ______ -'-

Certified 

Emissions 

Certified Use Rate 

The emissions level for products approved by the 

Agency under Section 223.220, as determined pursuant to 

South Coast Air Quality Management District Rule 1174, 

26 
Certified 

Use Rate = 

Ignition Method Compliance Certification Protocol 

(February 27, 1991), incorporated by reference in Section 

223.120, expressed to the nearest 0.001 pound CH2per 

start. 

The usage level for products approved by the Agency under 

Section 223.220, as determined pursuant to South Coast Air 

Quality Management District Rule 1174, Ignition Method 

Compliance Certification Protocol (February 27, 1991), 

incorporated by reference in Section 223.l20,_expressed to 

the nearest 0.001 pound certified product used per start. 

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

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

Section 223J40(a). 

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

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

distance a directed stream or burst at the intended insects, or their biding place. 

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

fabric or leather substrates, excluding "Fabric Protectants". 

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

weight hydrocarbons or high molecular weight esters of fatty acids or alcohols, except 

glycerol and high polymers (plastics). This includes, but is not limited to, substances 

derived from the secretions of plants and animals such as carnuba wax and beeswax, 

substances of a mineral origin such as ozocerite and paraffin, and synthetic polymers 

such as polyethylene. 

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

purpose spray adhesive. 

"Wood Cleaner" means a product labeled to clean wooden materials, including but not 

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

include "Dusting Aid", "General Purpose Cleaner", "Furniture Maintenance Product", 

"Floor Wax Stripper", "Floor Polish or Wax", or products designed and labeled 

exclusively to preserve or color wood. 

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

27 
(Source: Amended at effective _______ ...) 

Section 223.205 Standards 

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

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

product manufactured on or after Jlll}·l, 2999 the date specified below that 

contains VOMs in excess of the limits specified in this subsection: 

Affected Product 

D 

2+) 

Adhesive Removers 

A} Floor or Wall Covering 

ID Gasket or Thread Locking 

Q General Purpose 

m Specialty 

Adhesives- Spray 

A) 

B) 

C) 

Mist Spray 

Web Spray 

Special Purpose Spray Adhesives 

i) 

ii) 

iii) 

Mounting, Automotive Engine 

Compartment, and Flexible Vinyl 

Polystyrene Foam and 

Automotive Headliner 

Polyolefin and Laminate 

Repair/Edge banding 

2& 

July 1, 2009 

%VOM 

by Weight 

65 

55 

70 

65 

60 

July 1, 2012 

%VOM 

by Weight 

70 
J.;?,) Adhesives- Construction, Panel and Floor Contact 15 

~ Adhesives- Contact 

Al General Puroose 55 

ID Special Puroose 80 

2:;) Adhesives- General Purpose 10 

.Q4) Adhesives- Structural Waterproof 15 

1~) Air Fresheners 

A) Single-Phase Aerosol 30 

B) Double Phase Aerosol 25 

C) Liquids I Pump Sprays 18 

D) Solids I Gel 3 

~e) Antiperspirants 

A) Aerosol 40HVOM 

lOMVOM 

B) Non-Aerosol OHVOM 

OMVOM 

.2} Anti-static Product Non-Aerosol ll 

.l.Q1) Automotive Brake Cleaners 45 

liS) Automotive Rubbing or Polishing Compound 17 

129) Automotive Wax, Polish, Sealant, or Glaze 

A) Hard Paste Waxes 45 

B) Instant Detailers 3 

C) All Other Forms 15 

29 
11-Hl) Automotive Windshield Washer Fluids 35 

L4H) Bathroom and Tile Cleaners 

A) Aerosol 7 

B) All Other Forms 5 

D_H) Bug and Tar Remover 40 

J.§H) Carburetor or Fuel-Injection Air Intake Cleaners 45 

11-l-4) Carpet and Upholstery Cleaners 

A) Aerosol 7 

B) Non-Aerosol (Dilutables) 0.1 

C) Non-Aerosol (Ready-to-Use) 3.0 

ll~) Charcoal Lighter Material see Section 223.220 

1.2+6) Cooking Spray - Aerosol 18 

20-1-7) Deodorants 

A) Aerosol OHVOM 

IOMVOM 

B) Non-Aerosol OHVOM 

OMVOM 

ll:l-8) Dusting Aids 

A) Aerosol 25 

B) All Other Farms 7 

m Electrical Cleaner 45 

m. Electronic Cleaner 75 

30 
24-1-9) Engine Degreasers 

A) Aerosol 35 

B) Non-Aerosol 5 

2S;w) Fabric Protectants 60 

.m Fabric Refresher 

A). Aerosol 12. 

ID. Non-Aerosol 2 

27~) Floor Polishes I Waxes 

A) Products for Flexible Flooring Materials 7 

B) Products for Nonresilient Flooring 10 

C) Wood Floor Wax 90 

28~) Floor Wax Strippers see Section 223.209 

121 Footwear or Leather Care Products 

A). Aerosol 75 

ID Solid 55 

g Other Forms li 

3(m) Furniture Maintenance Products 

A) Aerosol 17 

B) All Other Forms Except Solid or Paste 7 

Jl;M) General Purpose Cleaners 

A) Aerosol 10 

B) Non-Aerosol 4 

31 
32~) General Purpose Degreasers 

A) Aerosol 50 

B) Non-Aerosol 4 

33~) Glass Cleaners 

A) Aerosol 12 

/ B) Non-Aerosol 4 

w Graffiti Remover 

Al Aerosol 50 

ID Non-Aerosol 30 

35~) Hair Mousses 6 

3~) Hair shines 55 

372.9) Hairsprays 55 

3~) Hair Styling Gels 6 

l2l Hair Stvling Products 

Al Aerosol and Pump Sprays Q 

ID All Other F orrns I 

40;H.) Heavy Duty Hand Cleaner or Soap 8 

~~) Insecticides 

A) Crawling Bug (Aerosol) 15 

B) Crawling Bug (All Other Forms) 20 

C) Flea and Tick 25 

32 
D) Flying Bug (Aerosol) 25 

E) Flying Bug (All Other Forms) 35 

F) Foggers 45 

G) Lawn and Garden (Aerosol) 20 

H) Lawn and Garden (All Other Forms) 3 

I) Wasp and Hornet 40 

42~) Laundry Prewash 

A) Aerosols I Solids 22 

B) AU Other Forms 5 

43J4) Laundry S larch Products 5 

44-M) Metal Polishes I Cleansers 30 

45~) Multi-Purpose Lubricant 

(Excluding Solid or Semi-Solid Products) 50 

4~ Nail Polish Removers 75 

47,3.8) Non-Selective Terrestrial Herbicide- Non-Aerosol 3 

48~) Oven Cleaners 

A) Aerosols I Pump Sprays 8 

B) Liquids 5 

494-fl) Paint Removers or Strippers 50 

504+) Penetrants 50 

i!.~) Rubber and Vinyl Protectants 

A) Aerosol \0 

33 
B) Non-Aerosol 

52~) Sealants and Caulking Compounds 

5344) Shaving Creams 

54) Shaving Gel 

55#) Silicone-Based Multi-Purpose Lubricants 

(Excluding Solid or Semi-Solid Products) 

5~) Spot Removers 

A) 

B) 

Aerosol 

Non-Aerosol 

57 4+) Tire Sealants and Inflators 

584-S) Undercoatings- Aerosols 

~ Wood Cleaner 

Aerosol 

Non-Aerosol 

3 

4 

5 

1 

60 

25 

8 

20 

40 

17 

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

or after July I, 2009, any antiperspirant or deodorant that contains any compound 

listed below: 

Benzene 

Ethylene Dibromide 

Ethylene Dichloride 

Hexavalent Chromium 

Asbestos 

Cadmium (metallic cadmium and cadmium compounds) 

34 
.. Carbon Tetrachloride 

Trichloroethylene 

Chloroform 

Vinyl Chloride 

Inorganic Arsenic 

Nickel (metallic nickel and inorganic nickel compounds) 

Perchloroethylene 

Formaldehyde 

1 ,3-Butadiene 

Inorganic Lead 

Dibenzo-p-dioxins and dibenzofurans chlorinated in the 2,3,7 and 8 

positions and containing 4,5,6 or 7 chlorine atoms 

(Source: Amended at effective---------' 

Section 223.211 Requirements for Adhesive Removers, Aerosol Adhesives, Contact 

Adhesives, Electrical Cleaners, Electronic Cleaners, Footwear or 

Leather Care Products,General Purpose Degreasers, and Graffiti 

Removers 

~ Effective July I. 2012, no oerson shall sell, supply, offer for sale, or manufacture 

for use in Illinois any Adhesive Removers, Aerosol Adhesives. Contact 

Adhesives, Electrical Cleaners. Electronic Cleaners, Footwear or Leather Care 

Products, General Puroose Degreasers. and Graffiti Removers that contain any of 

the following compounds: methylene chloride. oerchloroethylene. or 

trichloroethylene 

b. Impurities 

The reouirements of Section 211 (a) do not apply to any Adhesive Removers,. 

Aerosol Adhesives, Contact Adhesives, Electrical Cleaners, Electronic Cleaners, 

35 
Footwear or Leather Care Products. General Purpose Degreasers, and Graffiti 

Removers containing methylene chloride, perchloroethylene. or trichloroethylene 

that is present as an impurity in a combined amount eaual to or less than 0.01% 

by weight. 

(Source: Added at-------' effective--------' 

SUBPART C: ARCHITECTURAL AND lNDUSTIUAL MAINTENANCE COATINGS 

Section 223.305 Applicability 

This Subpart is applicable to any person who supplies, sells, offers for sale, or manufactures any 

architectural coating for use within the State of Illinois, as well as any person who applies or 

solicits the application of any architectural coating within illinois. This Subpart does not apply 

to: 

a) Any architectural coating that is sold or manufactured for use outside of the State 

of Illinois or for shipment to other manufacturers for reformulation or 

repackaging. 

b) AIJy aerosol coating product. 

c) Any architectural coating that is sold in a container with a volume of one liter 

(1 .057 quart) or less. For the purposes of this subsection the volume of 

architectural coating in a container shall be considered the total volume of coating 

that is packaged as unit of retail sale or for use by the consumer. 

(Source: Amended at _______ _, effective--------' 

36 
RECEIVED 

BEFORE THE ILLINOIS POLLUTION CONTROL BOARD CLERK'S OFfiCE 

JUL \ 3 2011 

INTHEMATTEROF: ) 

) 

AMENDMENTS TO 35 ILL. ADM. ) 

CODE PART 223 STANDARDS AND ) 

LIMITATIONS FOR ORGANIC ) 

MATERIAL EMISSIONS FOR AREA ) 

SOURCES ) 

) 

;,;)..-~ RH-= 

(Rulemaking- Air) 

STATE OF IWNOIS 

Pollutior Control Board 

. -· ORIGINAL 

PROOF OF SERVICE 

I, the undersigned, on oath state that I have served the attached REGULATORY 

PROPOSAL FOR AMENDMENTS TO 35 ILL. ADM. CODE PART 223 

STANDARDS AND LIMITATIONS FOR ORGANIC MATERIAL EMISSIONS FOR 

AREA SOURCES 35 ILL. ADM. CODE PART 223 and APPEARANCE of the Illinois 

Environmental Protection Agency upon the persons to whom it is directed, by placing it 

in envelopes addressed to: 

TO: 

John Therriault, Clerk 

Illinoia Pollution Control Board 

State of Illinois Center 

100 West Randolph, Suite 11-500 

Chicago, Illinois 60601 

Mitchell Cohen 

Chief Legal Counsel 

Illinois Dept. of Natural Resources 

One Natural Resources Way 

Springfield, Illinois 62702-1271 

Matthew J. Dunn, Chief 

Environmental 

Enfo rcem en t/ Asbestos 

Litigation Division 

Illinois Attorney General's Office 

69 West Washington Street, 18th 

Floor 

Chicago, IL 60602 
and mailing same by First Class Mail from Springfield, Illinois on July 12 11 with 

sufficient postage affixed. 

SUBSCRIBED AND SWORN TO BEFORE ME 

this!J!h day of ~2011 

~. 11-L L~_ N~