# I IEPAAnACHMENT NO.- 

### BEFORE THEILLINOIS POLLUTION CONTROL BOARD



### IN THE MA

### TIER OF: } ) AMENDMENTS TO 35 ILL. ADM. ) CODEPART223STANDARDSAND ) 

# Re:eeaveo CLERK'S OFFICe



## JUL l 32011 LIMITATIONS FOR ORGANIC ) MATERIAL EMISSIONS FOR AREA ) SOURCES ) (Rulemaking- Air}

### SiAJE**0~** ILUNOIS 

### PollutiOn Control 

## Board )



### TABLEOFCONTENTSOFREGULATORYSUBMITTAL

L Notice ofFiling 2. Appearance ofCharles E. Matoesian, Assistant Counsel, for the Illinois Environmental Protection Agency 

### 3. Statement ofSubmittal by LisaBonnett 4. Agency Analysis ofEconomic and Budgetary Effects 

### 5. Motion for Waiver ofCopy Requirements 

### 6. Statement ofReasons 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 Emissionsfrom Consumerand Commercial Products, AQPSTR 1J-03, Illinois Environmental Protection Agency, April, 2011. 10. Attachments to Technical Support Document for Revisions to Title 35Part 223:Control ofVolatile Organic Material Emissionsfrom Consumer and CommercialProducts 11. Documentrelied upon, FinalDraft of the Model Rule for Consumer Products, Ozone Transport Commission, September J3, 2006. 12. Certificate ofService

### 13. Disk in Microsoft WORD containing Agency's Analysis ofEconomic and Budgetary Effects ECONOMICBUDGET-223.doc), FirstNotice Form for New Part 223 (FIRSTNOTICE-223.doc) and Proposed New Part 223 (RULE-223.doc)BEFORE THE lLLINOIS POLLUTION CONTROL BOARD

# ~~~.E'SIVED OFF tO/: 

## JUL 

## 132011 SlATE

### oF= IN THEMATIER OF: ) ) AMENDMENTS TO 35 lLL. ADM. ) CODEPART 223 STANDARDS AND ) LIMITATIONS FOR ORGANIC ) MATERIALEMISSIONS FORAREA ) SOURCES )

TO: John Therriault, Clerk Illinois Pollution Control Board StateofIllinois Center 100 West Randolph, Suite 11-500 Chicago, Illinois 60601

MitchellCohen ChiefLegal Counsel Illinois Dept. ofNatural Resources OneNatural Resources Way Springfield,Illinois 62702-1271 

### )

NOTICE (Rulemaking- Air)



### • 

### Pollution Co

### IL.LJNOJi~ 

### ntrolBoiid

Matthew

### J. Dunn, Chief Environmental Enforcement/ Asbestos Litigation Division Illinois Attorney General's Office 69 West Washington Street, 18th Floor Chicago, IL 60602

PLEASETAKE NOTICEthat I have today filed with the Office ofthe Pollution Control Board the REGULATORYPROPOSALFORAMENDMENTS TO 35ILL. ADM CODE PART223 STANDARDS AND LIMITATIONS FOR ORGANIC MATERIALEMISSIONS FOR AREA SOURCES 35 ILL. ADM. CODEPART 223 and APPEARANCE ofthe Illinois Environmental Protection Agency a copy ofwhich 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 

### ofLegal Counsel

### BEFORE THEILLINOIS POLLUTION CONTROL BOARD

IN THEMATTER OF: ) ) 

### AMENDMENTS TO 

### 35 ILL. ADM. ) CODEPART 223 

### STANDARDS AND ) LIMITATIONS FOR ORGANIC ) MA TERJALEMISSIONS FOR AREA ) SOURCES ) ) 

# __ ct \d**~-** (Rulemaking- Air)



### APPEARANCE

The undersigned, as 

### one ofits attorneys, hereby enters an Appearance on behalf ofthe 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 ofLegal Counsel

### BEFORETHEILLINOIS 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 FORAREA ) SOURCES ) }

## ~

# .., CRIGINAL

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY PROPOSAL OF REGULATIONS The Illinois Envirorunental Protection Agency moves that the Illinois Pollution Control Board adopt the attachedregulations.



### DATED: July 

### 12, 2011 P.O. Box 

### 19276 Respectfully submitted, 

### ILLINOIS ENVIRONMENTAL PROTECTION AGENCY

By:

# ~-~ Lisa Bonnett Interim Director

Springfield, Illinois 

### 62794-9276 2171782-3397Agency: Agency Analysis ofEconomic and Budget&!)'**Eff~ts** ofProposed Rulemaking Illinois Pollution Control Board PartJTitle: Standards and Limitations for OrganicMaterial Emissions for Area Sources (35 Ill.Adm. CodePart223) 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 peryear (b) Ifthis 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 ofthe 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 ofthe 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 specifythe persons affected: Positive_ Negative

### _L No effect

__ Persons affected: See list ofpotentially 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 thesechanges will not be necessary. The above total statewide cost is the high end ofthe 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 ofproducts and VOC limits for those products added due to the rulemaking will be handled under current administrativeprocedures and personnel associated with thecurrentPart 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 FORAREA ) 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 ("IllinoisEPA"), by its attorney, and pursuantto 35 Ill. Adm. Code J01.500, 102.110, 102.200, and I02.402, respectfully moves thatthe Illinois Pollution Control Board ("Board") waive the requirement that the Illinois EPA submitthe original and nine copies ofthe regulatory proposal including all documents relied upon, and waive the requirement thatthe Illinois EPAprovide copies ofcertain documents relied upon. In support ofits Motion, Illinois EPA states as follows: 1. Section 102.200 ofthe Board'sprocedural rules requires that the original and nine copies ofeach regulatoryproposal 

### be filed with the Clerk. 35 

### Ill. Adm. Code Section 102.200. Section 27(a) ofthe EnvironmentalProtection Act also requires that the Jllinois EPA provide infonnation supporting a regulatory proposal. 415 ILCS 5/27(a). 2. The Illinois EPAdirectly 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 Reasonsfor the Proposed Amendments to the CaliforniaAerosol Coating Products, Antiperspirants and Deodorants, and Consumer Products Regulations, TestMethod310, and

### Aireborne Toxic ControlMeasurefor Para-Dichlorobenzene SolidAirFresheners and Toilet/Urinal Care Products, May 7, 2004.

### b) Illinois Environmental Protection Agency, 

### Illinois Ozone Emission Inventoryfor 2008, August 20!0. 

### 3. There is also a document relied upon, 

### Final Draft of the Model Rulefor ConsumerProducts, Ozone Transport Commission, September 13,2006. 4. 

### This entire regulatory proposal, including the documents listed above, is several hundred pages. Given the length ofthe proposal andthe 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 ofthedocuments. 5. The Illinois EPA further asks that the production ofthese documents listed above to the Attorney General and Illinois Department ofNatural Resources ("IDNR"),

### be waived. WHEREFORE, the lllinois EPA moves thatthe Board waive the requirement that the Illinois EPA provide copies ofthedocuments listed; and waive the requirement that the Illinois EPA provide an original and nine copies ofthe 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 ofLegal Counsel

2

### (217) 782-5544

3

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



### IN THE MATTER OF: ) 

## JUL 1 32011 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 IllinoisEnvironmental Protection Agency ("Jllinois EPA") hereby submits this Statement ofReasons tothe IllinoisPollution Control Board ("Board") pursuant to Sections 27 and 28 ofthe Environmental Protection Act ("Act")(415 ILCS 5/27 and 28) and 35 Ill. Adrn. Code 102.202(b), in support ofthe 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 consumerproducts and aerosol coatings. The proposed rule also makes a minor change 

### to the Architectural and Industrial Maintenance ("AIM") rule 

### to simplify compliance Ifadopted, the proposedrule will take effect on July 1, 2012.



### II. STATEMENT OF FACTS Ozone isnot emitted directlyby most sources. Rather, ozone precursors such as VOM, oxides ofnitrogen (''NOx") and carbon monoxide ("CO") are emitted and in the presence ofdirect sunlight and high ambient temperatures react

### to form ozone. 

### Technical Support

### Document for Revisions to Title 35 Part 223.· Control ofVolatile Organic Material Emissionsfrom Consumer and CommercialProducts AQPSTR-11-03 ("TSD") at7. Ozone fonnation is thus most active during the summer months because ofthedirect sunlight and high ambient temperatures. ld. As a powerful oxidant, ozone reacts readily with a wide range ofsubstances. Id. Inhumans, ozone acts as an irritant to the respiratory system and may damage lung and other tissues. Id. This damage can leacl. to impairedbreathing and·reduced immunity

### to disease for people in good health. 

## !4. These effects may be even more severefor youngchildren, the elderly, and people with preexisting respiratory diseases such as asthma, bronchitis, oremphysema. Id. Ozone oxidation also damagesplant tissue, reducing the yield ofsome crops, and candamage certain othermaterials such as rubber. ld. Part 223 reduces YOM emissions by putting limits on the VOM contents of

numerousconsumerproducts. As defmed by the United States Envirorunental Protection Agency ("USEPA") in federal rules, a consumerproductis any household orinstitutional product (including paints, coatings, and solvents), orsubstance, or article (including any container or packaging) heldby any person, theuse, consumption, storage, disposal, destruction, or decomposition ofwhich may result inthe release ofvolatile organic compounds (40 CFR 

### § 59.202). Id. at 9. TheUSEPA uses the term volatile organic compound ("VOC"), while the !llinoisEPA uses the tenn VOM. Thetenns are interchangeable. Consumer products are oftenused in small quantities, but by numerouspeople. The aggregate emissionsthus becometroublesome. Together, theseitems emit about 9.98% ofthe total anthropogenicVOM emissions from sources in !llinois. Id.

2Part 223 was created in R08- 17, published on June 19, 2009. In that rulemaking, the Illinois EPA sought to regulate numerous consumerproducts based upon model rules ofthe Ozone Transport Commission ("OTC"). The limits proposed in Part 223 were consistent with those in the 2006 OTC Model Rulefor ConsumerProducts that were in

turn based on the consumerproduct YOM limits 

### inthe California'sMidtermMeasures II ruies and the 2004 amendments to those rules. (TSD, 5). However, when creating Part 223, the Board felt that a number ofcategories should be excluded as the lllinoisEPA did

not provide adequate technical supportfor those limits. ld. The categories excluded at that time were those that had been proposed by Californiainits2004 Amendments and incorporated into the 2006 OTC Model Rule 

### 14 In the present rulemaking, lllinois EPA is proposing amendments thatwouldreinstate these categories in Part 223 as originally proposed, exceptingthe previouslyproposed limits for toilet/urinal care products and solid/gel room 

### airfresheners. !d.



### III. PURPOSE AND EFFECT OF THEPROPOSAL In this rulemaking, the Illinois EPA is proposing amendments that would include the category ofsources in Part 223 that were previouslyproposed, exceptingthe previously proposed limits fortoilet/urinal careproducts and solid/gel room air freshener. !d. Theseproposed amendmentsto Part 223 include limits inpercent VOMby 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 stylingproducts, shaving gels, and wood cleaners. !d. at 9. YOM emissions from consumerproducts are generally estimated on the basis ofYOM

3content ofthe products, the average use ofthese products by people in a given region. and the population in that region. !d. at II. The Illinois EPAhas estimated emissions for the affected categories by using the research conducted by the CaliforniaAir Resources Board ("CARB") in its 

### 2004 Initial Statement ofReasons ("ISOR") and adjusting it for the population ofIllinois. Jd. at 

### ll. Control ofthese additional source categories are estimated to bring VOM reductions of approximately one ton per day in Illinois. Jd. at 

### 18. Indeed, some ofthese reductions have already taken place due to nationwide compliance by many ofthe larger manufacturers ofthese 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 ofAIM products were taking packets ofcoatings, each of which wereindividually belowthe minimum volume for compliance, and bundlingthem 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 saleis for four products, not one. The amendments change the rule so that the volume for sale purposes is the entire package,

notthe individual ones.

IV. 

### GEOGRAPIDC REGIONS AND SOURCES AFFECTED The geographic region subject to the proposed regulations for VOM emitting

sources is the entire State oflllinois. Manufacturers prefer statewide, or even regionwide, standards so as to keep the number ofproductlines to a minimum. There are

numerous manufacruring facilities which produce VOM emitting products and still more

4retail operations which sell VOM emitting products. VOM emittingproducts are used by virtually every household in the state.



### V. TECHNICAL FEASIBILITY AND ECONOMIC REASONABLENESS The Illinois EPA believesthat these amendments are technically feasible and economically reasonable. Jt is theposition ofthe Illinois EPA thatfurther regulation of these source categories is anintegral part ofits state implementation plan ("SIP") for achieving and maintaining theNational Ambient Air Quality Standards (" NAAQS") in Illinois. Thetechnology for controlling VOM emissionsfrom consumerproducts and aerosol products is largely available or being developed. To measure the impact ofthe 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 II. The IllinoisEPAhasre]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 beenprovided as a document relied upon in the technical support document. Id. at 20. Many ofthese affected products have been already reformulated and are in use in California, and the OTC states. Id. at 13. Indeed, a significantportion ofthe products in the affected categories may already be avaitable in Illinois informulations compliant with the proposed limits. !d. at 14. This is due to national andregional manufacturers 

### of these products making a one-time change to the products in order to be compliant with the most stringentrules in the country and selling the same product nationally. Id. at 13. Table 3 ofthe TSD lists the estimated impacts ofthe proposed regulation to affected businesses, including annualized non-recurring cost and annual recurring costs,



### 5by affected product categories. ld. at 15. Thesecost estimates are based upon surveys and research conducted by CARB in 200l before the proposed limits were effective in the aforementioned regions. Id. This would indicate that a significant portion ofbusiness impact to manufacturers ofthe affected products may have already been realized in Illinois. Id. Table 4 ofthe TSD lists the estimatedper-unit cost increasebased on the annualized non-recurring costs and annual recurring costs in Table 2 ofthe TSD. Id. at 16. Again, much ofthis 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 proposedlimits would costbetween $4,020 and $4,680perton ofVOMreduced. ld.

at 17. Illinois EPA considers this to be an overestimate ofthe cost per tan ofVOM reduced in Illinois from the proposed rules because a significant part ofthese costs have already been realized in Illinois and nationwide. ld. Thus, as compliantproducts have already beendeveloped for several areas ofthe country, the Illinois EPA believes this proposal to be economically reasonable and technically feasible.



### VI. COMMUNICATJON WITH INTERESTED PARTIES These regulations are being proposed after the interested partieshave had an opportunity to review theproposal and discuss any issues with Illinois EPA.



### VII. THE ILLINOIS EPA's PROPOSAL The following is a Section-by-Section swnmary ofthe lllinois EPA'sProposal. 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 consumerproducts 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 SubpartB 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 ofthe limits specified in the Standards Section. Several new categories have been added. These are listed as having an effective date ofJuly I, 2012. The section also notes that no person shall sell, supply, offer for sale, or manufacture for sale in Illinois, on or afterJanuary l, 2009, any antiperspirant or deodorant that contains any compound listed under Subsection B. 

### Section 223.211 Requirements for Adhesive Removers, Aerosol Adhesives, ContactAdhesives, Electrical Cleaners, Electronic Cleaners, Footwear orLeatherCare Products,General Purpose Derreasers, and Graffiti Removers

This Section states that effective July 1, 

### 2012, no person shall sell, supply, offer for 

### sale,

ormanufacture for use in Illinois any Adhesive Removers, Aerosol Adhesives, Contact



### 7Adhesives, Electrical Cleaners, Electronic Cleaners, Footwear or Leather Care Products, General PUIJlose Degreasers, and Graffiti Removers that contain any ofthe following compounds: methylene chloride, perchloroethylene, ortrichloroethylene. The requirements ofSection 223.21 1(a) do not apply to any ofthe aforementioned categories ifmethylene 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 IndustrialMaintenanceCoatinl!s Section 223.305 Applicability Amends Section 223J05(c) to prevent sellers ofAIM coatings from grouping small packets ofcoatings together to sell as oneproduct and thus avoid the volume limits intherule. Addsthe following language to subsection (c), "For the purposes ofthis subsectionthe volume ofarchitectural coating in a container shall be considered thetotal volume ofcoating that is packaged as unit ofretail sale or for useby the consumer," thus preventing sellersfrom evading compliance.



### VIII. CONCLUSION The Agency proposes amendmentsto 35 Ill. Adm. Code 223 to reduce emissions ofVOMfrom various consumerproducts, architectural and industrial maintenance products and aerosol emissions. WHEREFORE,for the reasons slated above, the IllinoisEPA hereby submits this regulatory proposal and requests theBoard adopt these amendments to Part 223 for the State ofIllinois.



### 8DATED: July 12, 20ll 

### 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 ofthe Part: STANDARDS AND LIMITATIONS FOR ORGANIC MATERIAL EMISSIONS FOR AREA SOURCES 2) Code Citation: 35 Illinois Administrative Code Part223 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) 

### AComplete Description ofthe Subjec1S and Issues Involved: Updates Part 223 to reflect the addition ofseveral consumer products to the existing list. Also clarified the definition ofapackage under the Architectural and Industrial Maintenance Coatings Subpart.

6) 

### Published studies orreports, and sources ofunderlying data, used to compose this rulemaking:

a. California Air 

### Resources Board, Initial Statement of Reasons for the Proposed Amendments to the CaliforniaAerosol CoatingProducts, Antiperspirantsand Deodorants, andConsumerProductsRegulations, Test Method 310, andAireborne Toxic Control Measurefor Para-DichlorobenzeneSolidAirFresheners and Toilet/Urinal Care Products, 

### May 7, 2004. b) lllinois Environmental Protection Agency, Illinois Ozone Emission Inventoryfor 2008, 

### August 201

### D. c) FinalDraft ofrhe Model Rulefor 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 proposedrule contain incorporations by reference? No 

### I0) Are there any other proposed rule(s) pending onthis 

### Part? No 

### 11) Statement ofStatewidePolicy ObJectives: These proposed amendments do not create or enlarge a statemandate as defined in Section 3(b) ofthe StateMandates Act. [30 ILCS 805/3]. 12) Time, Place, and Manner in which interested persons may comment onthis proposed rulemaking: The Board will accept written public comments 

### on this proposal for 

### a period offorty-five (45) days after the date ofpublication in the Illinois Register. Comments should reference Docket R11- 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 lllinoisEnvironmental Protection Agency 

### 1 021 North Grand Avenue 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 ofsmall businesses, small mtmicipalities and not for profit corporations affected: Any small businesses, small municipalities, or not for-profit corporations that sell consumerproducts will be affected by the proposed amendments. B) Reporting, bookkeeping or otherprocedures required for compliance: NO C) 

### Types ofProfessional skills necessarv for compliance: None 14) RegulatoryAgenda on which this rulemaking was summarized: January, 2011 JS) Does this amendment require the review ofthe Procurement Policy Board as specified in Section 5-25 ofthe Illinois Procurement Code? [30 JLCS 500/5-25] 

### No

The full text ofthe 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 LIMITA 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: CONSUMERAND 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 Degreasers. and Graffiti Removers Requirements for Charcoal LighterMaterial Exemptions Innovative ProductExemption 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 ContactAdhesives223.270 223.275 223.280 223.285 Reporting Requirements Special Recordkeeping Requirements for Consumer Products that Contain Perchloroethylene or Methylene Chloride CalculatingIllinois Sales Test Methods SUBPART C: ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS Section 223.300 223.305 223.307 223.3I 0 223.320 223.330 223.340 223.350 223.360 223.370 Purpose Applicability Definitions for Subpart C Standards Container LabelingRequirements Reporting Requirements Compliance Provisions and Test Methods Alternative TestMethods Methacrylate Traffic Coating Markings Test Methods AUTHORITY: Implementing Section 10 and authorized by Sections 27 and 28 ofthe 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 consumerproducts 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 theprovisions ofthis Subpart. Unless otherwise defined in this Section, the definitions ofterms used inthis Subpart shall have the meanings specified for thoseterms 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 productsused on humans and animals, adhesive tape, contact paper, wallpaper, shelfliners, or any other product with an adhesive incorporated onto or in an inert substrate. For "ContactAdhesive", adhesive does not include units ofproduct, Jess packaging, that consist ofmore than one gallon. For "Construction, Panel, and Floor Covering Adhesive", and "General PwposeAdhesive", "Adhesive" does not include units ofproduct, Jess packaging, that weigh more than onepound and consist ofmore than 16 fluid ounces. This limitation does not apply to aerosol adhesives. "Adhesive Remover" means a productdesigned to remove adhesive from either a specific substrate or a variety ofsubstrates. "Adhesive Remover'' does not include products that remove adhesives intended exclusively for use onhumans or animals. Forthe purpose ofthis 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 pwposeofforming a bond. "Floor and Wall CoveringAdhesive 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 labeledto remove gaskets orthread locking adhesives. Products labeled for dual use as a paint stripper and gasket remover and/or thread locking adhesive remover are considered "Gasket orThread 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 ofsubstrates. "GeneralPurpose 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 orWall Covering Adhesive Remover''. "Specialty Adhesive Remover''means a product designed to remove reactive adhesives from a variety ofsubstrates. 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 ofa propellant contained in a product or a product's container, orby means ofa mechanically induced force. "Aerosol Product" does not include "Pump Spray". "Agricultural Use" means the use ofany pesticide or method or device for the control of pests in connection withthe commercialproduction, storage, orprocessing ofany animal or plant crop. This does not includethe sale oruse ofpesticides iri properly labeled packages or containers that are intended for home use, use in structural pest control, or industrial or institutional use. For thepurposes ofthis definition only: "HomeUse"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, orchemical process or use inthe operation offactories, processingplants, and similar sites; or "Institutional Use" means use withinthe lines of, or on property necessary for the operation of, buildings such as hospitals, schools, libraries, auditoriums, and office complexes. "AirFreshener"means any consumerproduct including, but not limitedto, sprays, wicks, powders, and crystals, designed for the purpose ofmasking odors, or freshening, cleaning, scenting, or deodorizing the air. 

### "AirFreshener" does not include products that are used on thehuman body, productsthat function primarily as cleaning products as indicated on aproduct label, "Toilet/Urinal Care Products", disinfectant products claimingto deodorize by killing germs on surfaces, or institutional and industrial disinfectants when offered for sale solely through institutional and industrial channels of distribution. 

### "AirFreshener" does include spray disinfectants and otherproducts that are expressly represented for use as air fresheners, exceptinstitutional and industrial disinfectants when offered for sale throughinstitutional and industria] channels of distribution. To determine whether a product is an air freshener, all verbal and visual 4representations regarding product use on the label or packaging and in the product's literature and advertising may beconsidered. The presence of, and representations about, a product's fragrance and ability to deodorize (resulting from surface application) shall not constitute a claim ofair 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 consumerproduct forms for that no form-specific VOM standardis specifted. Unless specified otherwise by the applicable VOM standard, "All Other Forms" include, butis not limited to, solids, liquids, wicks, powders, crystals, and cloth orpaper wipes (towelettes). "Alternative Control Plan" or "ACP"means any emissions averaging program approved by the Agency pursuantto the provisions ofthis Subpart. "Antimicrobial Hand or Body Cleaner or Soap" means a cleaner or soap which is designed to reduce the level ofmicroorganisms 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 DishwashingDetergent" (including antimicrobial), "Heavy-duty Hand Cleaner or Soap", "Medicated Astringent/Medicated Toner", or"Rubbing Alcohol". "Antiperspirant" means anyproduct, 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 axillaby at least 20 percent in at least 50 percent ofa target population. "Anti-StaticProduct" means a product that is labeled to eliminate, prevent, or inhibit the accumulation ofstatic electricity. "Anti-Static Product" does not include "Electronic Cleaner", "Floor Polish orWax", "FloorCoating", 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



### 5downspouts, 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 ofinstallation, to portable buildings at the site ofinstallation, 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 ofthis Subpart. "Astringentffoner" means any product notregulated as a drug by the United States Food and Drug Administration (FDA) that is applied to the skin for the purpose ofcleaning or tightening pores. This category also includes clarifiers and substrate-impregnated products. This category does not include any hand, face, or body cleaneror soap product, "MedicatedAstringent/Medicated Toner", cold cream, lotion, or antiperspirant. "Automotive Brake Cleaner" means a cleaning product designed to remove oil, grease, brake fluid, brake pad material ordirt from motor vehicle brake mechanisms. "Automotive Hard Paste Wax" means an automotive wax orpolishthat is designed to protect and improve the appearance ofautomotivepaint surfaces, and is a solid atroom 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 ofautomobiles and wiped offprior 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 ofmotor vehicles without leaving a protectivebarrier. "Automotive Wax, Polish, Sealant, or Glaze" means a product designed to seal out moisture, increase gloss, or otherwiseenhance a motor vehicle's painted surfaces. This includes, but is not limited to, products designed for use in autobody repair shops and drive-through car washes, as well as products designed for the general public. The term does notinclude "Automotive Rubbing or Polishing Compo\Uids", automotive wash and wax products, surfactant-containingcar wash products, andproducts designed for use on unpainted surfaces such as bare metal, chrome, glass, orplastic. "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 ofcleaning, washing, orwetting the windshield. This does not include fluids placed bythe manufacturer in a new vehicle.

6"Bathroom and Tile Cleaner"means aproduct designed to clean tile or surfaces in bathrooms. The term does notincludeproducts designed primarily to clean toiletbowls, toilettanks or urinals. "Bug and Tar Remover" means aproduct labeledto remove either orboth ofthe following from painted motor vehicle surfaces without causing damage to the finish: biological-type residues suchas insect carcasses, tree sap androad grime such as road tar, roadway paint markings, and asphalt. "Carburetor or Fuel-Injection AirIntake Cleaners" means aproduct designed to remove fuel deposits, dirt, or othercontaminants from a carburetor, choke, throttle body ofa fuelinjection system, or associated linkages, excludingproducts designed exclusively to be introduced directly into thefuel lines orfuel storage 

### tank prior to introduction into the carburetor or fuel injectors. "Carpet and Upholstery Cleaner"means a cleaning productdesigned for the purpose of eliminating dirt and stains on rugs, carpeting, and the interior ofmotorvehicles 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. Theterm does not include "General Ptupose Cleaners", "Spot Removers", vinyl or leather cleaners, drycleaning 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, orused with charcoal to enhance ignition. The term does not include any ofthe following: electrical starters andprobes,metallic cylinders using paper tinder, natural gas, propane, and fat wood. "Colorant'' means any pigment or coloringmaterial used in a consumerproduct for an aesthetic effect orto dramatize an ingredient. "Construction, Panel, and FloorCovering Adhesive" means any one-component adhesive thatis designed exclusively for theinstallation, remodeling, maintenance, orrepair of structural and building components that include, but are not limited to, beams, trusses, studs, paneling (including, but not limited to, drywall or drywall laminates, fiberglass reinforced plastic (FRP), plywood, particle board, insulation board, pre-decorated hardboard or tileboard), ceiling and acoustical tile, molding, fixtures, countertops or countertop laminates, cove or wall bases, flooring or subflooring, or floor or wall coverings (including, but not limited to, wood or simulatedwood covering, carpet, carpet pad or cushion, vinyl-backed carpet, flexible flooring material, nonresilient flooring material, mirror tiles and othertypes oftiles, and artificial grass). Theterm 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 consumerproduct for resale are not "consumers"for thatproduct. "ConsumerProduct" means a chemically formulated productused 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. "ConsumerProduct" does not include otherpaint products, furniture coatings, or architeciural coatings. As used in this Subpart, "Consumer Product'' shall also refer to "Aerosol Adhesive", including "AerosolAdhesive" used for consumer, industrial or commercialuses. "ContactAdhesive" means an adhesive that is designed for applicationto both surfaces to bebonded together, and is allowed to dry before thetwo surfaces are placed in CQntact with each other, and forms an immediatebond 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 ofsurfaces after the adhesive-coated surfaces have been brought together using sufficientmomentarypressure to establish full contact between both surfaces. Theterm 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. "ContactAdhesive- General Purpose" means any contact adhesive that is not a "Contact Adhesive- Special Purpose". "ContactAdhesive- 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 orwood veneer 1116 inch or Jess in thickness to any porous ornonporous surface, and is sold in 

### units of product, lesS packaging, that contain more than eight fluid ounces, or is used in automotive applicationsthat are either automotive Wider thehood applications requiring heat, oil or gasoline resistance orbody-side molding, automotiveweatherstrip or decorative trim. "Container/Packaging" means thepart or parts ofthe consumer or institutional product that serve only to contain, enclose, incorporate, deliver, dispense, wrap orstore the chemically formulated substance or mixture ofsubstancesthat is solely responsible for acCQmplishing the purposes for which the productwas designed orintended. This includes any article onto or into which the principal display panel and other accompanying literature orgraphics are incorporated, etched, printed or attached. 

### 8"CrawlingBugInsecticide" means anyinsecticide productthat 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 miteproduct. Forthe pwposes ofthis definition only: "Housedust 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 belongtothe phylumArthropoda, 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 whichthe consumer product was manufactured, filled, or packaged, or a code indicatingthat date. "Deodorant" means: For products manufacturedbefore 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 manufacturerto be used to minimize odor in the human axilla byretarding the growth ofbacteria that cause the decomposition ofperspiration. Forproductsmanufactured on orafter July I, 2009: any product including, but not limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles; that indicates or depicts onthe container or packaging, or on any sticker or label affixed to-the container orpackaging, 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" productthat indicates or depicts on the container or packaging, or on any sticker or label affixed to the container or packaging to-the container orpackaging that it can be used on or applied to the human axilla; is a "Deodorant", "DeodorantBody Spray" means: For products manufacturedbefore July 1, 2009: a "Personal Fragrance Product" with 20 percent or less fragrance.



### 9Forproducts 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 orpackaging, or onany 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 ofplant or animal life (other than man and otherthan bacterium, virus, oranothermicroorganism on or in living man or other living animals), but not including equipment used for the application ofpesticides when sold separatelyfrom the device. "Disinfectant"means any product intended to destroy or irreversibly inactivate infectious or other undesirable bacteria, pathogenic fungi, or viruses onsurfaces 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 ofthe following products designed solely for use onhumans or animals, products designed for agricultural use, products designed solely for use in swimmingpools, therapeutic tubs, or hot tubs, products that, as indicated on the principal display panelor label, are designed primarilyfor use as bathroom and tile cleaners, glass cleaners, general purposecleaners, toilet bowl cleaners, or metal polishes. "Double Phase Aerosol AirFreshener"means an aerosol air freshener with the liquid contents in two or more distinct phases that require the product containerto be shaken before use to mixthe 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. Thisincludes, but is not limited to, thoseproducts used by commercial dry cleaners and commercialbusinesses that cleanfabrics such as draperies at the customer's residence or work place. The tenn does notinclude "SpotRemover" or "Carpet and Upholstery Cleaner". Forthe purposes ofthis 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. ''DustingAid" means a product designedto assist in removing dust and other soils from floors and other surfaces without leaving a wax or siliconebased coating. Thetenn does not include "Pressurized Gas Duster". "Electrical Cleaner" means a product labeled to removeheavy 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", orproducts designed to clean the casings orhousings ofelectrical equipment. "Electronic Cleaner" means a product labeled for the removal ofdirt, moisture, dust, flux or oxides from the internal components ofelectronic orprecision equipment such as circuit boards, and the internal components ofelectronic 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'', "DustingAid", "Pressurized Gas Duster", "Engine Degreaser", "Electrical Cleaner", "Energized Electrical Cleaner", "Anti-Static Product", orproducts designed to clean the casings orhousings ofelectronic equipment. "Energized Electrical Cleaner" means aproduct that meets both ofthe 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 aresidual electrical potential from a component, such as a capacitor. The product label clearly displays the statements: "Energized equipmentuse 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 ofengines and other mechanical parts. "ExistingProduct" means any formulation ofthe same product category and form sold, supplied, manufactured, or offered for sale in Illinois priorto July I, 2009, or any subsequently introduced identical formulation. "FabricProtectant" means aproduct designed to 

### be applied to fabric substrates to protect the surface from soiling from dirt and other impurities or to reduce absorption ofliquid into the fabric's fibers. The term does not include waterproofers, products designed for use solely on leather, orproducts designed for use solely on fabrics labeled "dry 

### clean only" and sold in containers of l 0fluid 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 11household 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 productlabeled to neutralize or eliminate odors on thelisted surfaces above whose !abel is registered as a sanitizer under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 USC 136 et seq} "Facial Cleaneror Soap"means a cleaner or soap designed primarily to clean the face including, but not limited

### to, facial cleansingcreams, semisolids,liquids, lotions, and substrate-impregnated forms. The term does not include prescription drugproducts, "Antimicrobial Hand or Body Cleaner or Soap", "Astringent/Toner", "General-use Hand orBody Cleaneror Soap", "Medicated Astringent/MedicatedToner", or "Rubbing Alcohol." "Fat Wood"means pieces ofwood kindling withhighnaturally-occurring levels ofsap or resin that-enhance ignition ofthe kindling, excluding any kindling with substances added to enhance flammability, such as wax-covered orwax-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 andTickInsecticide" means any insecticide product that is designed for use against fleas, ticks, their larvae, or their eggs. The term does not includeproducts that are designed to be used ex.clusively onhumans or animals and their bedding. "Flexible Flooring Material" means asphalt, cork, linoleum, no-wax, rubber, seamless vinyl and vinyl composite flooring. "FloorCoating" means an opaque coating that is labeled and formulated for application to flooring, including, but not limitedto, decks, porches, steps, and other horizontal surfaces that may be subjectedto foot traffic_ "Floor Polish or Wax"means a wax, pohsh, or any otherproduct designedtopolish, protect, or enhance floor surfaces by leaving a protective coating that is designed to be periodically replenished_ Theterm does notinclude "Spray BuffProducts", products designed solely for the purpose ofcleaningfloors, 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 ofinstalled flexible sheet flooring. "Floor Wax Stripper" means aproduct designed to remove natural or synthetic floor polishes or waxes through breakdown ofthe polish or wax polymers, orby 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 productthatis designed for use against flying insects orother 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 ofthis definition only, "Moth-Proofmg Product" means aproduct whose label, packaging, or accompanying literature indicates that the product is designed to protect fabrics from damagebymoths, 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 otherleather articles/components to maintain, enhance, clean, protect, or modify the appearance, durability, fit, or flexibility ofthefootwear or leather article/component. Footwearincludes both leather and non-leather foot apparel. "Footwear or Leather Care Product" does notinclude "FabricProtectant", "General Purpose Adhesive", "ContactAdhesive", "Vinyl/Fabric/Leather/Polycarbonate Coating", "Rubber and Vinyl Protectant", "Fabric Refresher", products solely for deodorizing, or sealantproducts with adhesiveproperties used to create external protective layers greater than two millimeters thick. "Fragrance"means a substance orcomplex mixture ofaroma chemicals, natural essential oils, and other functional components wilh a combined vaporpressure not in excess of two mrn ofHg at 

## 2o•c, the sole purpose ofwhich is to impart an odor or scent, or to counteract amalodor. "Furniture Maintenance Product" means a wax, polish, conditioner, or any otherproduct designed for the purpose ofpolishing, protecting or enhancing finished wood surfaces other 

### than floors. The term does not include "Dusting Aids", "Wood Cleaners", products designed solely for the purpose ofcleaning, and products designed to leave apermanent finish such as stains, sanding sealers and lacquers. 13"Furniture Coating"means any paintdesigned for application to room furnishings including, butnot 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 asjelly_ "General Purpose Adhesive" means any non-aerosol adhesive designed for use on a variety ofsubstrates. The term does not include contact adhesives, construction, panel, and floor covering adhesives, adhesives designed exclusivelyfor application on one specific category ofsubstrates (i.e., substrates that are composed ofsimilar materials, such as differem types ofmetals, paperproducts, ceramics,p.lastics, rubbers, or vinyls), or adhesives designed exclusively for useon one specific category ofarticles (i.e., articles that maybe composed ofdifferent materialsbutperform a specific function, such as gaskets, automotive trim, weather-stripping, or carpets). "General Purpose Cleaner" means aproduct designed for general all-pwpose cleaning, in contrastto cleaningproducts designed to clean speciftc substrates in certain situations. This includesproductsdesigned for general floor cleaning, kitchen or countertop cleaning, and cleaners designed to beused on a variety ofhard surfaces, and do not include "General Purpose Degreasers" and "Electronic Cleaners". "General PurposeDegreaser''means any product labeled to remove or dissolve grease, grime, oil andother oil-based contaminants from a variety ofsubstrates, including automotive or miscellaneous metallicparts. This does not include "EngineDegreaser", "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", orproducts that are sold exclusively to establishments that manufacture or construct goods or commodities, and labeled "notfor retail sale". "Solvent Cleaning Tanks orRelated Equipment" includes, but is not limited to, cold cleaners, vapor degreasers, conveyorized degreasers, film cleaning machines, orproducts designedto cleanmiscellaneous metallicparts by immersion in a container. "General-UseHand orBody Cleaner or Soap"means a cleaner or soap designed to be used routinely onthe skin to clean or remove typical or common dirt and soils,including, but not limitedto, 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 orBody Cleaner or Soap", "Astringent!Toner'', 14"Facial Cleaner or Soap", "HandDishwashingDetergent" (including antimicrobial), "Heavy-duty Hand Cleaner or Soap", ''Medicated Astringent/Medicated Toner", or "Rubbing Alcohol." "Glass Cleaner" means a cleaningproduct designed primarily for cleaning surfaces made ofglass. The term does not includeproducts designed solely for the purpose ofcleaning optical materials used in eyeglasses, photographic equipment, scientific equipment and photocopyingmachines. "Graffiti Remover" means a product labeled to remove spray paint, ink, marker, crayon, lipstick, nail polish, or shoe polish from a variety ofnon-cloth or nonfabric substrates. The term does not include "Paint Remover or Stripper'', "Nail Polish Remover", or "Spot Remover". Products labeled for dual use asboth a paint stripper and graffiti remover are considered "Graffiti Removers." "Hair Mousse" means a hairstyling foam designed to facilitate styling ofa coiffure and provide limited holdingpower. "Hair Shine" means any product designed for theprimary purpose ofcreating a shine when applied to thehair. Thisincludes, butis 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 StylingProduct", "Hair Styling Gel", orproducts whose primary purpose is to condition orholdthe hair. "Hair Spray" means: Forproducts manufactured before July 1, 2009: a consumer product designed primarily for the purpose ofdispensing droplets ofaresin on and into a hair coiffure that will impart sufficient rigidity to tbe coiffureto establish or retain the style for a period oftime. Forproducts manufactured on or after July 1, 2009: a consumerproduct that is applied to styledhair and is designed or labeled to provide sufficient rigidity to hold, retain and/or finish the style ofthe hair for a period oftime. 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 ofa hairstyle. For the purposes of

### this Subpart, "finish" or "finishing" means the maintaining and/or holding of previously styled hair for a period oftime. Forthepurposes ofthis Subpart, "styling" means forming, sculpting, ormanipulating the hair to temporarily alter the hair's shape. 

### 15"Hair Styling Gel" means a consumerproduct manufactured before July 1, 2009 that is a high viswsity, often gelatinous, productthat contains a resin and is designed for application to hairto aid in styling and sculpting ofthe hair coiffure. "Hair StylingProduct"means a consumerproduct manufactured on orafter 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 ofthe 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 productsthat aid in styling but do not provide finishing ofa hairstyle, and leave-in volumizers, detanglers and/or conditioners that make styling claims. This does not include "Hair Mousse", "Hair Shine", "Hair Spray", or shampoos and/or conditioners that are rinsed from the hair prior to styling. For the purposes ofthis Subpart, "finish" or "finishing" means the maintaining and/or holding ofpreviously styled hair for aperiod oftime. For the purposes ofthis Subpart, "styling" means forming, sculpting, ormanipulating the hair to temporarily alter the hair's shape. "Heavy-Duty Hand Cleaner or Soap" means a productdesigned to clean orremove difficult dirt and soils such as oil, grease, grime, tar, shellac, putty, printer's ink, paint, graphite, cement, carbon, asphalt, or adhesives from thehand with or without the use of water. The term does not includeprescription drugproducts, "Antimicrobial Hand or Body Cleaner or Soap", "Astringent/Toner", "Facial Cleaner or Soap", "General-use Hand orBody Cleaneror Soap", "Medicated Astringent/Medicated Toner" or "Rubbing Alcohol." "Herbicide"means a pesticide product designed to kill orretard aplant's growth, but excludes products that are for agricultural use, orrestricted materials that require apermit for use and possession. "High Volatility Organic Material" or "HVOM" or "High Volatility Organic Compound" means any volatile organicmaterial or volatile organic compound that exerts a vapor pressure greater than 80 millimeters ofMercury (rnrn Hg) when measured at 20°C. "Household Product" means any consumerproduct that is primarily designed to be used inside or outside ofliving quarters or residences that are occupied or intended for occupationby individuals, including the immediate surroundings. "Hlinois Sales" means the sales (net pounds ofproduct, less packaging and container, per year) in Illinois for either the calendar yearimmediatelyprior to the yearthat the registration is due or, ifthat data is not available, any consecutive 12 month period commencingno earlier than two years prior to the due date ofthe registration. Ifdirect 

### 16sales data for Illinois is not available, sales maybeestimatedby prorating national or regional sales data by population. "IndustrialUse" means use for or in a manufacturing, mining, or chemical process or use in the operation offactories, 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 thatrequire a permitfor use and possession. "Insecticide Fogger'' means any insecticide product designed to release all ormost ofits content, as a fog or mist, into indoor areas during a single application. "InstitutionalProduct" or "Industrial and Institutional (!&I) Product" means a consumer product that is designed for use in themaintenance or operation ofanestablishment that manufactures, transports, or sells goods or commodities, orprovides services for profit, or is engaged in the nonprofit promotion ofaparticular public, educational, or charitable cause. "Establishments" include, butare 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 orused exclusively 

### in the manufacture or construction ofthe goods or commodities at the site ofthe 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 ofbranding, identifying, or giving information withrespect to theproduct or to the contents ofthe package. "Lacquer" means a clear or opaque wood coating, including clear lacquer sanding sealers, formulated withcellulosic 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 oflaundry 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 andprolong a crisp, fresh look and may also act to help ease ironing ofthe fabric. This includes, butis not limited to, fabric finish, sizing, and starch.

17"Lawn and Garden Insecticide" means an insecticideproduct labeled primarily 

### tc be used inhousehold lawnand garden areas to protectplants from insects or other arthropods. Notwithstanding the requirements ofSection 223.260, aerosol "Lawn and Garden Insecticides" may claim 

### tckill insects or other arthropods. "Liquid" means a substance ormixture ofsubstances that is capable ofa visually detectable flow as determined under ASTM D-4359-90, incorporatedbyreference in Section 223.120, or an equivalent method approved by the California Air Resources Board. This does not include powders orother materials that are composed entirely of solid particles. "Lubricant" means a product designed to reduce friction, heat, noise, or wear between movingparts, orto loosen rusted or iounovable parts or mechanisms. This does not include automotive power steering fluids; productsfor 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 onthe human body or animals; or products that are sold exclusively to establishments thatmanufacture or construct goods or commodities, and labeled "notfor retail sale." "L

### VP Content" means the total weight, 

### in pounds, ofLVP compounds in an ACPproduct multiplied by 100 and divided by the product's total net weight (in pounds, excluding container and packaging), expressedto the nearest 0.1. 

### "LVP-VOM"or "LVP-VOC" means a chemical material ormixture orcompound that contains at least one carbon atom and meets oneofthefollowing: Has a vaporpressure less than 0.1 mmHgat20°C, as determined by CARB Method 310, incorporated byreference inSection 223.120; or Is a chemical material or compound with more than 12 carbon atoms, or a chemical mixture comprised solely ofmaterial or a compoundwithmore than 12 carbon atoms as verifted byformulation data, and the vaporpressure and boiling point are unknown; or Is a chemical material orcompound with a boil.ing point greater than 216°C, as determined by CARB Method 310, incorporated byreference in Section 223 120; or Is the weightpercentofa chemicalmixture that boils above 216°C, as determined by CARB Method 310, .incorporatedbyreference in Section 223.120.



### 18For the purposes ofthe definition ofLVP-VOM, chemical material or compound means a molecule ofdefinite chemical formula and isomeric structure, and chemical mixture means a substrate comprised oftwo or more chemical materials or compounds. "Medicated Astringent /Medicated Toner" means anyproduct regulated as a drug by the FDA that is applied to the skin for the purpose ofcleaning or tighteningpores. This includes, but is not limited to, clarifiers and substrate-impregnated products. Theterm does not includehand, face, or body cleaner or soapproducts, "Astringen11Toner", cold cream, lotion, antiperspirants, or products that must

### be purchased with a doctor's prescription. "Medium Volatility OrganicMaterial" 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 offinished metal;or metallic; or metallized surfaces by physical orchemical action. To "improve the appearance" means to remove or reduce stains,impurities, or oxidation from surfaces orto 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, "PaintRemover or Stripper", products designed and labeled exclusively for automotive and marine detailing, or products designed for use in degreasing tanks. "Mist Spray Adhesive" means any aerosol which is not a special purpose spray adhesive and that delivers a particle or mist spray, resulting in the formation offine, discrete particles that yield a generally uniform and smooth application ofadhesive to the substrate. "Multi-Purpose Dry Lubricant" means any lubricant designed and labeled to provide lubricity by depositing a thin film ofgraphite, molybdenum disulfide (moly), or polytetrafluoroethylene or closely related fluoropolymer (Teflon) on surfaces, and designed for generalpurpose lubrication or for use 

### in a wide variety ofapplications. "Multi-Purpose Lubricant" means any lubricant designed for general purpose lubrication, or for use in a wide variety ofapplications. 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 ofa variety ofsubstrates, 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 otherlaboratories. This does not include solvents usedin 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 ofthe establishment. "Nail Polish" means any clearorcolored 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 consumerproductthat is not dispensed by a pressurized spray system. "Non-Carbon Containing Compound"means any compound that does notcontain any carbon atoms. "NonresilientFlooring" means flooring ofa mineral content that is not flexible. This includes terrazzo, marble, slate, granite, brick, stone, ceramic tile and concrete. "Non-Selective Terrestrial Herbicide" means aterrestrial herbicide product that is toxic to plants without regard to species. "OvenCleaner'' means any cleaningproduct 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 oridentification, orto serve some functional purpose such as the filling or concealing ofsurfaceirregularities or the modification oflight and heatradiation characteristics. "Paint Remover or Stripper" means any product designed to strip or remove paints or otherrelated 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 andotherrelated coatings from skin. 

### 20"Penetrant" means a lubricant designed and labeled primarilyto 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 havepenetratingqualities, 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 primarypurpose ofadding a scent ormasking a malodor, including cologne, perfume, aftershave, andtoilet water. This does not include**"Deodoranf';~** medicated products designed primarilyto alleviate fungal or bacterial growth on feet or other areas ofthe body; mouthwashes and breath fresheners and deodorizers; lotions, moisturizers, powders or other skin careproducts used primarilyto alleviate skin conditions such as dryness and irritations; products designed exclusively for use on human genitalia; soaps, shampoos, and productsprimarily 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 mixtureofsubstances labeled, designed, or intended for use in preventing, destroying, repelling or mitigating any pest, or any substance or mixture ofsubstances labeled, designed, or intended for use as a defoliant, desiccant, or plant regulator, provided that the term "Pesticide" will not include any substance, mixture ofsubstances, or device the United States Environmental Protection Agency does not considerto be apesticide. "Photograph Coating" means a coating designed and labeled exclusively to 

### be applied to finished photographs to allow correctiveretouching, protection ofthe image orchanges in gloss level, or to cover fingerprints. "Pressurized Gas Duster" means a pressurizedproduct labeled to remove dust from a surface solely by means ofmass air or gas flow, including surfaces such as photographs, photographic film negatives, computer keyboards, and othertypes ofsurfacesthat cannot be cleaned with solvents. This does not include "Dusting Aid". "Principal Display Panel or Panels" means that part, orthoseparts, ofa label that are so designed as to most likely be displayed, presented, shown or examinedunder normal and customary conditions ofdisplay orpurchase. Whenever a principal display panel appears more than once, all requirements pertainingto the "Principal Display Panel" shall pertain to all such "Principal DisplayPanels." "Product BrandName" means the name ofthe product exactly as it appears on the principal display panel ofthe product.



### 21"Product Category'' means the applicable category, defined in this Section and limited in Section 223.205(a), which best describes the product. "ProductFonn" for the purpose ofcomplying 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 "ProductLine" means a group ofproducts ofidentical form and function belongingto the same product category orcategories. "Pump Spray" means a packaging system in which the product ingredients within the container are not under pressure and in which the productisexpelled only while a pumping action is applied to 

### abutton, trigger or other actuator. "Responsible ACP Party"means the company, 

### fum or establishment listed on the ACP product's label. Ifthe label lists two or more companies, firms, or establishments, the "ResponsibleACP Party" is the party the ACPproduct 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-OnProduct'' 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 orrenew 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 cleanthe 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. "RubbingAlcohol" 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 ofmetal 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 ofcoatings. A "Sanding Sealer" that also meets the definition ofa "Lacquer" is not included in this category, but it is included inthe "Lacquer" category. "Sealant and Caulking Compound" means any product with adhesive properties that is designed to fill, seal, waterproof, or weatherproofgaps orjoints between two surfaces. This does notincluderoofcements and roofsealants, 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. Theterm also does not include units ofproduct, less packaging, that weigh more than one pound and consist ofmore than 16 fluid ounces. For the purposes ofthis definitiononly, "removable caulking compounds" means a compound that temporarily seals windows or doors for three to six month time intervals. "Clear/paintable/waterresistant caulking compound" means a compound that contains no appreciable level ofopaque fillers or pigments; transmits most or all visible light through the caulk when cured; is painiable; and is immediately resisiant to precipiiationupon application. "Semisolid" means aproduct that, at room temperature, will notpour, butwill 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 cartridgerazor, or other wet-shaving system, in the removal offacial or other bodyhair. The term does not include "Shaving Gel". "Shaving Gel" means an aerosol productwhich dispenses a post-foaming semisolid designed to be used with a blade, cartridge razor, or other shaving system inthe 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 lubricityprimarily through the use ofsilicone compounds including, but not limited to, polydimethylsiloxane, and designed and labeled for general purpose lubrication, or for use in a wide variety ofapplications. The term does not include products designed and labeled exclusively to release manufactured products from molds.

23"Single Phase Aerosol AirFreshener" 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 ofsubstances-that, either whole or subdivided (such as theparticles comprising a powder), is not capable ofvisually 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 ofthe following definitions: "MountingAdhesive" means an aerosol adhesive designed to permanently mount photographs, artwork, and any other drawn orprinted media to a backing (paper, board, cloth, etc.) without causing discoloration to the artwork. "FlexibleVinyl Adhesive"means an aerosol adhesive designed to bond flexible vinyl to substrates. Flexiblevinyl means a nonrigidpolyvinyl chloride plastic with at leastfive percent, by weight, ofplasticizercontent. Aplasticizer is a material, such as a high boilingpoint organic solvent, that is incorporatedinto 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 anequivalentmethod approved by the 

### CARB "PolystyreneFoam Adhesive" means an aerosol adhesive designed to bond polystyrene foam to substrates. "Automobile Headliner Adhesive" means an aerosol adhesive designedto bond together layers in motor vehicle headliners. "Polyolefin Adhesive" means an aerosol adhesive designed to bondpolyolefinsto substrates. "Laminate Repair/Edgebanding Adhesive" means 

### an aerosol adhesive designed for: The touch-up or repair ofitems laminated with high pressure laminates (e.g., lifted edges, delaminates, etc.); or

24The touch-up, repair, or attachment ofedgebanding materials, including but notlimited to other laminates, synthetic marble, veneers, wood molding, and decorative metals. For the purposes ofthis definition "high pressUie laminate" means sheet materials that consist ofpaper, fabric, orothercore material that have been laminated at temperatUies exceeding 265° F, and at pressuresbetween J,000 and 1,400 psi. "Automotive Engine CompartmentAdhesive" means an aerosol adhesive designed for use inmotorvehicle under-the-hood applications which require oil and plasticizer resistance, as well as high shear strength, at temperatures of200 to 275° F. "Spot Remover" means anyproduct labeled to clean localized areas, or remove localized spots orstains on cloth or fabric such as drapes, carpets, upholstery, and clothing, that does notrequire subsequentlaunderingto achieve stainremoval. This does not include 

### "Dry CleaningFluid", "Laundry Prewash", or "Multi-PurposeSolvent" "Spray BuffProduct" means a product designed to restore a worn floor finish in conjunctionwith 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 byfrictional action on the affected area. "Structural WaterproofAdhesive" means an adhesive whose bond lines are resistantto conditions ofcontinuous immersion in fresh or salt water and that conforms with Federal SpecificationMMM-A-181D (Type I, Grade A), incorporated by reference inSection 223.120, and MIL-A-4605 (Type A, Grade A and Grade C), per the Federal Consumer Products Regulation (40 CPR 59, subpartC), incorporatedbyreference in Section 223.120. "Terrestrial" means to live on or grow from land. "Tire Sealant and Inflation" means any pressurizedproduct that is designed to temporarily inflate and seal a leakingtire. "Toilet/Urinal Care Product"means anyproduct designed or labeled to clean and/orto deodorize toilet bowls, toilet tanks, or urinals. Toilet bowls, toilet tanks, or urinals include, but are not limitedto, toilets or urinals coruJected to permanent plumbing in buildings and other structures,portable toilets orurinals placed attemporary or remote 25locations, and toilets orurinals 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 theproduct or contained in a separate chamber within the product'spackaging. "TypeB Propellant" means any halocarbon that is used as a propellantincluding chlorofluorocarbons (CFCs), hydrochlorotluorocarbons (HCFCs), and hydrofluorocarbons (HFCs) "Type C Propellant" means any propellantthat 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, trunkinterior, and/or ftrewall ofmotor vehicles to prevent the formation ofrust or to deaden sound. This includes, but is notlimited to, rubberized, mastic, or asphaltic products. "Usage Directions"means thetext or graphics on the product's principal display panel, label, or accompanying literature thatdescribes 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 coatvinyl, fabric. leather, or polycarbonate substrates. "VOM Content" means, for purposes ofthis Subpart, except for charcoal lighter products,the total weight ofVOM inaproduct expressed as apercentage ofthe product weight (exclusive ofthe container orpackaging), as determined pursuant to Section 223.285(a) and (b). Forcharcoal lighter material products only, "OC 

### C (Certified Emissions x I00) r' 

### ontent=.:__;_

______ -'-

Certified Emissions Certified Use Rate

The emissions level for products approvedby the Agency under Section 223.220, as determinedpursuantto South Coast Air Quality Management DistrictRule 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 pursuantto 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. Forpurposes ofSubpart C ofthis Part, "VOM 

### Content" means the weight of VOM 

### per volume ofcoating, 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, yellowjackets orbees by allowing the user to spray from a distance a directed stream or burst at the intended insects, or their bidingplace. ''Waterproofer" means aproduct designed and labeled exclusively to repel water from fabric or leather substrates, excluding "Fabric Protectants". "Wax" means a material or synthetic thermoplastic substance generally ofhigh molecular weight hydrocarbons or high molecular weight esters offatty acids or alcohols, except glycerol and high polymers (plastics). This includes, but is not limited to, substances derived from the secretions ofplants and animals such as carnuba wax and beeswax, substances ofa mineral origin such as ozocerite and paraffin, and syntheticpolymers such as polyethylene. "Web Spray Adhesive" means any aerosol adhesive that is not amist 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", "FloorWax Stripper", "FloorPolish orWax", or products designed and labeled exclusively to preserve or color wood. "Wood FloorWax" means wax-based products for use solely on wood floors.

27(Source: Amended at effective

_______ ...)



### Section 223.205 Standards a) Except as providedin 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 belowthat contains VOMs in excess ofthe limits specified in this subsection:



### Affected Product 

## D

2+) Adhesive Removers A} Floor orWall Covering 

### ID Gasket or ThreadLocking 

### 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/Edgebanding 

## 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-PhaseAerosol 

### 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 PolishingCompound 17 129) Automotive Wax, Polish, Sealant, or Glaze A) Hard Paste Waxes 45 B) Instant Detailers 3 C) All OtherForms 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 TarRemover 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~)** 

### FloorPolishes 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 CareProducts A). 

### Aerosol 75 

### ID Solid 55 

### g OtherForms 

### li 3(m) 

### Furniture Maintenance Products A) Aerosol 

### 17 B) 

### All Other Forms Except Solid orPaste 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~)** 

### Hairshines 

### 55 372.9) 

### Hairsprays 

### 55**3~)** 

### Hair Styling Gels 6 

### l2l Hair Stvling Products 

## Al Aerosol and Pump Sprays 

### Q ID All OtherForrns 

### 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 OtherForms) 35 F) Foggers 

### 45 G) Lawn and Garden (Aerosol) 20 H) Lawn and Garden (All OtherForms) 

### 3 I) Wasp and Hornet 40**42~)** Laundry Prewash A) Aerosols 

### I Solids 22 B) AU Other Forms 5 43J4) Laundry Slarch Products 5 44-M) Metal Polishes

### I Cleansers 30**45~)** Multi-Purpose Lubricant (Excluding Solid or Semi-Solid Products) 50**4~** Nail PolishRemovers 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, offerfor 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 ofSection 211 (a) do not apply to any Adhesive Removers,. Aerosol Adhesives, ContactAdhesives, Electrical Cleaners, Electronic Cleaners, 

### 35Footwear orLeather Care Products. General Purpose Degreasers, and Graffiti Removers containingmethylenechloride, 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

Section223.305 Applicability This Subpart is applicableto any person who supplies, sells, offers for sale, or manufactures any architectural coating for use within the State ofIllinois, as well as anyperson who applies or solicits the application ofany architectural coatingwithin illinois. This Subpart does not apply to: a) Any architectural coating that is sold or manufactured for use outside ofthe State ofIllinois or for shipmentto othermanufacturers for reformulation or repackaging. b) AIJy aerosol coating product. c) Any architectural coating that is sold in a container with a volume ofone liter (1 

### .057 quart) or less. For the purposes ofthis subsectionthe volume of architectural coating in a container shall 

### be considered the total volume ofcoating that is packaged as unit ofretail sale orfor 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 STANDARDSAND ) LIMITATIONS FOR ORGANIC ) MATERIAL EMISSIONS FOR AREA ) SOURCES ) )

# ;,;)..-~ RH-= (Rulemaking- Air) STATEOF 

### IWNOIS 

### Pollutior Control Board



# .-· ORIGINAL

PROOFOFSERVICE 

### I, the undersigned, on oath state that 

### Ihave served the attached REGULATORY PROPOSAL FORAMENDMENTS 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 ofthe 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 ControlBoard State ofIllinois Center 100 West Randolph, Suite 11-500 Chicago,Illinois 60601

Mitchell Cohen ChiefLegal Counsel Illinois Dept. ofNatural Resources OneNatural Resources Way Springfield, Illinois 62702-1271 MatthewJ. Dunn, Chief Environmental Enforcement/ 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 

### sufficientpostage affixed.



### SUBSCRIBED AND SWORN TO BEFORE ME this!J!h day of

## ~2011

# ~. 

# 11-L**L~_ N~**