ILLINOIS POLLUTION CONTROL BOARD January 5, 2012 IN THE MATTER OF: ) ) AMENDMENTS TO 35 ILL. ADM. CODE ) PART223: STANDARDSAND ) LIMITATIONS FOR ORGANIC MATERIAL) EMISSIONS FORAREA SOURCES ) Proposed Rule. FirstNotice. R12-8 (Rulemaking

- Air)

OPINION AND ORDEROF THE BOARD (by T.A. Holbrook): !EPA ATIACHMENT NO.

# _!j_

Forfirst-notice publication in the lllinoisRegister, the Board today proposes amendments to its Part 223 air pollutionregulations. 35 Ill. Adm. Code 223. The Illinois Environmental ProtectionAgency (Agency orIllinois EPA or !EPA) initiated this proceeding by filing a rulemaking proposal on July 13, 20II. The Agency'sproposed amendments intend to reduce emissions ofvolatile organic material (YOM) from various consumer and commercial products and aerosol coatings. After conducting two public hearings in this matter and considering the entirerecord, the Board proposes for first notice the amendments to Part 223 described below in this opinion and order. Publication ofthese proposed amendments in theIllinois Registerwill begin a 45-day public comment period. See 5 ILCS I00/5-40(b) (2010) (Illinois Administrative Procedure Act). In the opinion below, the Board first provides the procedural background ofthis rulemaking before briefly summarizing the Agency's original proposal and the testimony ofthe Consumer SpecialtyProducts Association (CSPA), the only other entity testifying inthis proceeding. After addressing apreliminaryissue, the Boardthen describes the product categories affected by the Agency's proposal before addressing the estimated YOM emissions from them and projected emission reductions ensuing from this proposal. After discussing issues oftechnical feasibility and economic reasonableness, the Board makes its findings onthem. The Boardthen provides a section-by-section summary ofthe record on its first-notice proposal before reaching its conclusion and issuing its order setting forth the proposed amendments for first-notice publication. 

### PROCEDURAL BACKGROUND Procedural History On July 13, 2011, the Agency filed a proposal to amend Part 223 ofthe Board's air pollution regulations. See 35 

### Ill. Adm. Code 223. Accompanying the proposal were documents including a Statement ofReasons (SR) and a Technical SupportDocument (TSD). TheTSD listed as references two documents: the first an "Initial StatementofReasons for the Proposed Amendments to the California Aerosol Coating Products, Antiperspirants and Deodorants, and

### 2

Consumer Products Regulations, Test Method 310, and Airborne Toxic Control Measure for Para-Dichlorobenzene Solid Air Fresheners and Toilet/Urinal Care Products" (ISOR) bythe Califomia Air Resources Board (CARB] released May 7, 2004; and the second the Agency's own "Illinois OzoneEmissions Inventory for 2008" (Inventory). The Agency also submitted as a source it had relied upon in drafting its proposal the "Final Draft ofthe Model Rule for Consumer Products" (Model Rule) preparedbythe Ozone Transport Commission (OTC) 1 and dated September 13, 2006. The Agency's proposal also included a motion for waiver of specified copyrequirements. In an order dated August 4, 2011, the Board accepted theAgency's proposal for hearing and granted the Agency's motion for waiver ofcopy requirements. Also on August4, 2011, the hearing officer issued an order scheduling a first hearing in Springfield on October 6, 20II, with a deadline ofSeptember 22, 2011 to pre-file testimony; and a second hearing in Chicago on November 17, 2011, with a deadline ofNovember 3, 2011, to pre-filetestimony. On September 22, 2011, the Agencypre-filed testimony byMr. Rory Davis (Davis Test.). On September 26, 20II, CSPA pre-filed testimony by Mr. Joseph T. Yost (Yost Test.). The first hearing took place as scheduled on October 6, 20II, in Springfield, and the Board received the transcript (Tr.l) on October 11, 20II. During the first hearing, the hearing officer admitted into the record a single exhibit, the pre-filed testimony ofMr. Davis (Exh. 1). Tr.1 at 8. The second hearing took place as scheduled onNovember 17, 2011, in Chicago, and the Board received the transcript (Tr.2) on November 18, 2011. Duringthe second hearing, the hearing officer admitted into the record two exhibits: a list ofsources potentially affected bythe Agencyproposal (Exh. 2; see Tr.l at 12-13); and the pre-ftled testimony ofMr. Yost (Exh. 3). Tr.2 at 5, 7. In an order dated November 17,2011, the hearing officer set a deadline of December 14, 2011, for filing post-hearing comments. As required by Section 27(b) ofthe Act (415 ILCS 5/27(b) (2010)) the Board requested in a letter dated August 4, 2011, that the Department ofCommerce and Economic Opportunity (DCEO) conduct an economic impact study (EIS) ofthe Agency's rulemak:ing proposal. The Board asked DCEO to determine by September 15, 20II, whether it would perform an EIS. In a letter dated September 20,2011, DCEO Director Warren Ribley acknowledged receiving the Board's request. His response stated that, "[a]t this time, the Department in unable to undertake such an economic impact study. Therefore, I must respectfully decline your request." During the second hearing, the hearing officer noted the Board's request and DCEO's response to it. Tr.2 at 24-25. Although the hearing officer afforded those present an opportunityto testify regarding the request and response, no participant offered testimony. See id.

1 The Ozone Transport Commission includes the States ofConnecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and Virginia, and the District ofColumbia. TSD at 8.3

On December 14, 2011, the Board received post-hearing comments from the following entities: CSPA (PC 1 ); ChicagoAerosol, Bridgeview Facility (Chicago Aerosol) (PC 2); the Agency (PC 3); and Claire Manufacturing Company (Claire) (PC 4). Filing Public Comments First-noticepublication oftheseproposed amendments in the

### Illinois Registerwill start a period ofat least45 days during which anypersonmay file apublic comment with the Board, regardless ofwhetherthe person has already filed apublic comment. 

### See 5 ILCS 100/5-40(b) (2010) (Illinois Administrative Procedure Act). The Board encourages comments on these proposed amendments. The docket number for this rulemaking, Rl2-8, shouldbe indicated on thepublic comment. Public comments mustbe filed with the Clerk ofthe Board at the following address: Pollution Control Board JohnT. Therriault, AssistantClerk James R. Thompson Center 100 W. Randolph Street, Suite 11-500 Chicago, IL 6060I Public comments maybe filed electronicallythrough the Board's Clerk's Office On-Line, or COOL, at www.ipcb.state.il.us. Anyquestions about electronic filing through COOL should be directedto the Clerk's Office at (312) 814-3629. Please note that all filings withthe Clerk ofthe Board mustbe served onthe hearing officer and onthosepersons onthe Service List for this rulemaking. Before filing any document withthe Clerk, please checkwiththe hearing officerorthe Clerk's Office to verifythe most recent version ofthe ServiceList SUMMARY OFORIGINAL PROPOSAL The Agency stated that "[o]zone is not emitted directly bymost sources." SR at I. The Agency further statedthatprecursors such as VOM2

, nitrogen oxides, and carbon monoxide react in the presence ofdirect sunlight and high ambient temperatures to form ozone. 

### Id., citing TSD at 7. TheAgency stated that, "[a]s apowerful oxidant, ozonereacts readily with a wide range ofsubstances." SR at 2, citing TSD at 7. The Agency added that, inhumans, ozone irritates the respiratory system "andmay damage lung and other tissues." SR at 2, citingTSD at 7.

2 The Agency stated that, although it uses the term "volatile organic materials" or "YOM," and theUnited States Environmental ProtectionAgencyuses "volatile organic compound" or "VOC,"the two terms are "interchangeable." SR at 2; 

### see 35 Ill. Adm. Code 211.7150 (definition).4

The Agency indicated that the existingprovisions ofPart 223 reduce "YOM emissions by puttinglimits on the YOM contents ofnumerous consumerproducts." SR at 2; see 35 Ill. Adm. Code 223; TSD at 5, 7. The Agency noted that theUnited States Environmental Protection Agency (USEPA) has defined "consumerproducts" as "anyhousehold or institutional product (includingpaints, coatings, and solvents), or substance, or article (including any containeror packaging) held by anyperson, the use ofwhich mayresult in the release ofvolatile organic compounds." TSD at 9, citing 40 C.F.R. 

### § 59.202; SR at 2. TheAgency elaborated that [ c]onsumer and commercial products are chemically formulated products usedby household and institutional consumers including, but not limited to, detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal careproducts; home, lawn, and garden products; disinfectants; sanitizers; aerosol paints; and automotive specialtyproducts; but does not include otherpaint products, furniture coatings, or architectural coatings. Consumer and commercial products also includes aerosol adhesives, including aerosol adhesivesused for consumer, industrial, and commercialuses. TSD at 9. TheAgency statedthat retail customerspurchase hundreds ofthese products for personal, household, or automotive use, andthey are also "marketed bywholesale distributors for use in commercial or industrial settings such as beauty shops, schools, and hospitals." 

### !d. The Agency claimed that consumerproducts account on an annual basis for approximately 9.98% ofthe total anthropogenic YOM emissions in Illinois, approximately 9.80% in the Metro East nonattainment area (NAA), and approximately 13.56% in the ChicagoNAA. TSD at 9, II; see SRat 2. The Agency statedthat the Board adopted Part 223 in 2009. See Standards and Limitations for Organic Material Emissions for Area Sources ProposedNew 35 Ill. Adm. Code Part223, ROS-17 (May7, 2009); seealso 33 Ill. Reg. 8224 (June 19, 2009); TSD at 5. The Agency stated that these limitsmirrored a 2001 OTC model rule. TSD at 7. The Agency further stated that its proposed limits in R08-17 "were consistent with those in the 2006 OTC Model Rule for ConsumerProducts that were in tumbased onthe consumerproductYOM limits in [] California's Midterm Measures II rules and the 2004 amendments to thoserules." SR at 3, citing TSD at 5; see Davis Test. at 2; see generally Model Rule, ISOR. The Agencynoted that the Board did not adopt limits for a numberofcategories onthe basisthatthe Agencyhad not provided adequate technical support for them. SRat 3, citing TSD at 5; see Davis Test. at 2. The Agency further noted that "[t]he categories excluded at that time were those that were proposed by California in its 2004 Amendments and incorporated into the 2006 OTC Model Rule." SRat 3; TSD at 5; seegenerally Model Rule, ISOR. TheAgency stated that, with the exceptions oftoilet/urinal careproducts and solid/gel room air fresheners, it sought to adopt limits for those categories as it had originallyproposed. SR at 3, citing TSD at 5; see Davis Test. at I, 2. The Agency argued thatthese proposed limits will help maintainthe 8-hour ozone National AmbientAir Quality Standard for zone as required by the Clean AirAct. TSD at 7. More specifically, the Agency sought to amend Part 223 to "include limits inpercent YOMbyweight for adhesive removers, contact adhesives, non-aerosol antistaticproducts, electrical cleaners, engine degreasers, fabric refreshers, footwear or leathercare products, graffiti removers, hair stylingproducts, shaving gels, and wood cleaners." SRat 3; seeTSD at 5, 9;

### 5

Davis Test. at 2; Tr.l at II. The Agency stated that its proposed amendments would apply to the entire state and expected control ofadditional categoriesto reduce YOM emissions in Illinois by one ton per day (TPD). SR at 4, citing TSD at 18; see Davis Test. at 2. The Agency argued that "some ofthese reductions have already taken place due to nationwide compliancebymanyof the larger manufacturers ofthese products with the California or OTC rules." SR at 4, citing TSD at 18. The Agency also proposed a clarification ofthe existing Architectural and Industrial Maintenance rule in orderto clarify and simplify compliance. SR at 1, 4. SUMMARY OF CSPA TESTIMONY CSPA stated that it is a "national trade association representing the interests of approximately 240 companies engaged in the manufacture, formulation, distribution and sale of commercial products" for household and institutional customers. Yost Test. at 

### 4; Tr.2 at 6. CSPA reported that 42 ofits members have headquarters or facilities in Illinois. Yost Test. at 4; Tr.2 at 6. Members' products include disinfectants, air fresheners, cleaners, polishes, and automotive items. Yost Test. at 4. CSPA states that its members manufacture and market products in more than two-thirds ofthe categories covered by current Illinois regulations and the Agency's proposal. !d. at 5; Tr.2 at 6. Inhis pre-filed testimony onbehalfofthe CSPA, 

### Mr. Yost expressed "general support for the Illinois EPA'sproposed regulation because it is consistent with the OzoneTransport Commission's Model Consumer Products Rule." Yost Test. at I; seeTr.2 at 10-11. He stated that CSPAmembers "strongly support the promulgation ofregionally consistent regulations for consumerproducts throughout the Midwest and East Coast." Yost Test. at 6. He added that adoption ofthe Agency's proposal would "promulgate stringent regulatory standards that are consistent with the volatile organic compound (VOC) limits establishedby final regulations promulgated in Midwest and EastCoast states:" Ohio, Michigan, Indiana, Connecticut, Delaware, Maryland, Massachusetts, Maine, New Jersey, New York, Pennsylvania, Rhode Island, and Virginia. Id. at I, 3 (citations omitted); see Tr.2 at 10-1 I. CSPA expressed strongbeliefthat interstate commerce should not be burdenedby regulations that vary from stateto state. See Yost Test. at 6. CSPA argued that consistent regulations particularlybenefit "small- and medium-sized businesses since these companies generally lack the staffresources to ensurethat the companies' products complywith a patchwork ofdifferent (and potentiallyconflicting) state-specific requirements." 

### Id. at 6; 

### see Tr.2 at 9-10. CSPA sought to make three specific revisions to Section 223.211 ofthe Agency's proposal. CSPA also offered a "technical revision" ofthe table ofstandards in Section 223.205. During the second hearing, CSPA proposed two changes to the Agency's proposal: an amendment to the definition of"existingproduct" in Section 223.203, and an amendmentto the effective date for products regulated underthe Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) in Section 223.207. TheBoard addresses these suggested revisions below in the section-by-section summary ofits first-notice proposal.6


### PRELIMINARY ISSUE During the first hearing, counsel for the Agency moved to correct specific provisions of Part 223. Counsel stated that the Board order adopting Part 223 "was correct, but for some reason, the published version in the Illinois Registerhad an incorrect notation." Tr.l at 9; see 33 Ill Reg. 8224, 8263-64 (June 19, 2009); Standards and Limitations for Organic Material Emissions for Area Sources Proposed New 35 Ill. Adm. Code Part 223, R8-17, slip op. at 36-37 (May 7, 2009) (adoption order). The Agency first addressed Section 223.205(a)(6)(A), which establishes YOM content limits for aerosol antiperspirants. 35 Ill. Adm. Code 223.205(a)(6)(A). Counesl reported that the subsection should establish limits of40 HYOM and 10 MVOM, but the separate limits both refer to HYOM. 3 Tr.l at 9. He added that subsection (a)(6)(B) limits for non-aerosol antiperspirants should be 0 HYOM and 0 MYOM, but the separate limits both refer to MYOM. !d. The Agency then addressed Section 223.205(a)(l7)(A), which establishes YOM content limits for aerosol deodorants. 35 Ill. Adm. Code 223.205(a)(l7)(A). Counsel reported that the subsection should establish limits of0 HYOM and I0 MVOM, but the separate limits both refer to HVOM. Tr.l at 9. He added that subsection (a)(l7)(B) limits for non-aerosol deodorants should be 0 HVOM and 0 MVOM, but the separate limits bothrefer to MYOM. !d. The Agency moved that the Boardpropose to "amend the rule to reflect the proper language as in the Board final order." Tr.l at 9-10; see Standards and Limitations for Organic Material Emissions for Area Sources Proposed New 35 Ill. Adm. Code Part 223, RS-17, slip op. at 36-37 (May 7, 2009). The hearing officer indicated that the Board would "take that under advisement as a motion to amend as part ofthis rulemaking proceeding 12-8." Tr.l at 10. The Board has reviewed the substance ofthe Agency's motion and agrees that Sections 223.205(a)(6) and (a)(l7) as adopted by the Board on May 7, 2009, are not accurately reflected in the publication ofthose subsections in theIllinois Registeron June 19, 2009. The Board can only attribute this discrepancy to inadvertent error. The Board agrees that the Agency's proposed amendment is supported bythe record in R8-17 and matches the final order in that docket. The Board has received no response to the Agency's motion that the Board submitits amendment to first-notice publication. 

### See 35 Ill. Adm. Code 101.500(d). Accordingly, the Board grants the Agency's motion and in its orderbelow submits the proposed amendments of Sections 223.205(a)(6) and (a)(l7) to first-notice publication. 

### DESCRIPTION OF AFFECTED PRODUCT CATEGORIES Adhesive Removers The Board's YOMregulations define "adhesive" to mean

3 "HYOM" and "MYOM"refer to "high volatility organic material" and "mediumvolatility organic material," respectively. 35 Ill. Adm. Code 225.203 (Definitions).7

any productthat is used to bond one surface to anotherby attachment. This does not include products used on humans and animals, adhesive tape, contactpaper, wallpaper, shelfliners, or any otherproduct with an adhesive incorporated onto or in an inert substrate. For 'Contact Adhesive', adhesive does not include units of product, less packaging, that consist ofmore than one gallon. For 'Construction, Panel, and Floor Covering Adhesive', and 'General Purpose Adhesive', 'Adhesive' does not include units ofproduct, less packaging, that weigh more than one pound and consistofmore than 16 fluid ounces. This limitation does not apply to aerosol adhesives. 35 lll. Adm. Code 223.203; see Model Rule at 3. The term "adhesive" includes both glues and sealants, terms which are often used interchangeably. ISOR at Vl-58. More specifically, "[a]n 'adhesive' is a fluid or semi-fluid material consisting ofone ormore tackifying polymers and/or resins [resin] dissolved in a variety ofsolvents for the purpose offorming a physical bond between two materials." 

### !d. With evaporation ofthe solvent, the dissolved resin forms the physical bond. 

### !d. In addition to these evaporative adhesives, "[s]ome adhesives require a second component (called a hardener) in order to fonn a securebond" between two materials. 

### !d. Some ofthese reactive adhesives, such as epoxies, require mixture ofadhesive and hardener to form aphysically reactive bond. 

### !d. With otherreactive adhesives, the hardener may beheat, moisture, orultraviolet light. 

### !d. In addition, there existhybrid systems which incorporate both evaporative and reactive adhesive technologies. 

### I d. Finally, there are also "hotmelt" adhesives, which "are I00 percent solids, heatedpast their melting point, and applied in their molten state." Id. at Vl-59. The Board's VOM regulations define "adhesive remover" to mean

aproduct designed to remove adhesive from either a specific substrate or a variety ofsubstrates. 'Adhesive Remover' does not includeproducts that remove adhesives intended exclusively for use on humans or animals. Forthe purpose ofthis definition and the "AdhesiveRemover" subcategorieslisted in this definition, the term "Adhesive" shall mean a substanceused to bond one ormore materials. Adhesiveincludes, but is not limited to, caulks, sealants, glues, or similar substancesused for the purpose offorming a bond

.... 35lll. Adm. Code 223.203; see Model Rule at 4. Consumersuse adhesive removers for a number ofpurposes, and these products "are sold in avariety ofsales outlets includinghardware stores and wholesalers; home centers; paint stores; hobby and craft stores; supermarkets and other grocery stores; automotive parts and accessories stores; and bymass merchandisers." ISOR at Vl-61. In addition, industrial and institutional users acquire adhesive removers eitherthrough distributors orthrough direct sales bymanufacturers. 

### !d. Adhesiveremovers "remove orclean adhesive and adhesive residue of varying compositions from a variety ofsurfaces using combinations ofsolubility, swelling, and softening properties." 

### !d. at VI-58; see Model Rule at 4. The numerous adhesive removing products employboth VOM and non-VOM formulations and maybe available in aerosol and non-aerosol forms. ISOR at IV-63.8

The Agencyproposes VOM content limits for adhesive removers in four subcategories based on the range ofadhesive applications and products used to remove them: Floor or Wall Covering Adhesive Remover, Gasket or Thread Locking Adhesive Remover, General Purpose Adhesive Remover, and Specialty Adhesive Remover. ISOR at VI-58- Vl-59. The Board separately describes these four subcategories in the following subsections ofits opinion. Floor and Wall CoveringAdhesive Remover The Board'sVOM regulations define "Floor and Wall Covering Adhesive Remover" to mean "aproduct designed orlabeled to remove floor or wall coverings and associated adhesive from the underlying substrate." 35 

### Ill. Adm. Code 223.203; see lSORat Vl-59, VI-61; Model Rule at 4. The coverings addressed in this subcategory "are indoor or outdoor, non-structural, decorative finishing materials, including countertop finishes." lSORat VI-61. "Floor and wallcovering adhesive removers are formulated using both VOC and non-VOC technologies, including chlorinated solvents such as methylene chloride." !d. Theremovers may be sold for multipurpose or specialtyuses and may be labeled as remover or cleanerfor "mastic; carpet and glues; wet and cured urethane flooring adhesive; wallpaper; acrylic; cutback; latex; tiles; cove base; or sealer and adhesive remover." !d. Directions for use ofadhesive removers varyby covering. ISOR at VI-61. Directions for a number ofproducts recommend removing as much ofthe covering as possiblebefore applying adhesive remover. !d. Forporous coverings such as wallpaper orcarpet, "directions suggest application by spraying orpouring the remover onto the covering." 

### I d. For Jess porous coverings such as wood flooring ortiles, "directions recommend saturating the covering with remover and allowing it to soak in and soften the adhesive." !d. Non-porous tiles may require drilling holes so the remover is able to penetrate the surface. !d. After application ofthe remover and waiting a recommended amount oftime, the surface is scraped to remove any remaining covering and the adhesive. !d. The remover is often applied a second time in order "to further soften orliquefy the adhesive" before a second scrapingto remove it. 

### I d. ''The fmal step is a wash and rinse ofthe surface." !d. Inthis subcategory, adhesive removers have bothVOM and non-YOM formulations. ISOR at IV-64. "Hydrocarbon propellants are used for aerosol removers." !d. Low-VOM products remove adhesives with formulations containing "methylene chloride, dibasic esters, soy methyl esters, LVP-glycol ethers, water, and inorganic or surfactant ingredients." !d. Products containing higher levels ofVOM employ "hydrocarbon solvents, 2-butoxyethanol, d'limonene, and glycol ethers." 

### Id. Gasket or Thread LockingAdhesive Remover The Board's VOM regulations defme "Gasket orThread Locking Adhesive Remover" to mean "aproduct designed or labeled to remove gaskets orthread locking adhesives. Products labeled for dual use as a paint stripper and gasketremover and/or thread locking adhesive remover are considered 'GasketorThread Locking Adhesive Remover.'" 35 Ill. Adm. Code 223.203; see ISOR at Vl-59, VI-62; Model Rule at 4. "Gaskets are materials located between

### 9

two flanges clamped together to ensure the integrity ofthe seal," and they can be made of materials including silicone. ISOR at YI-63. Generally, silicone gaskets are curedbymoisture either in the air or

### in a substrate "to form a cured polymer layer with high strength." 

### !d. "Gasket removers are products applied to remove gasket seals from flat or semi-flat metal parts." 

### !d. "Thread locking adhesives are anaerobic adhesives that cure to form a solid polymer in the absence ofoxygen" and generally are used to adhere metal parts. 

### !d. "[T]hread locking adhesive removers are used to remove seals used tojoincylindrical metal parts" such as shafts orbolts. 

### !d. Within this subcategory, products typically perform both functions. 

### !d. In addition, they often contain methylene chloride and commonly advertise paint removal claims on their labels. 

### !d. "Products that suggest suitable use for removing gaskets or thread locking adhesives and paintremoval would be included in this subcategory; and subject to the proposedprohibition of chlorinated solvents." 

### !d.; 

### see 35 

### Ill. Adm. Code 223.203 (definitions); Model Rule at 

### 4. Products in this subcateg01y are typically sold in an aerosol formulation. ISOR at YI-63. 'Thepressure and force from the aerosol provides a penetrative quality that aids in the swelling and softening ofthe adhesive." Id. After aerosol spraying, the remover sits for a short time before scraping to remove the gasket orloosening the cylindrical part. 

### !d. Ifan adhesive proves to be difficult to remove, additional application may be necessary. 

### !d. In addition to these aerosol removers, foaming products are available. 

### !d. In this subcategory, products "use dimethyl ether orhydrocarbonpropellant systems." ISOR at YI-64. ''Non-propellant ingredients for this subcategory include: n-methyl-2- pyrrolidone, xylenes, methylene chloride, hydrocarbon solvents, methanol, monoethanolamine, water, and alcohol." 

### !d. Although a number ofgasket orthread locking adhesives are reactive and form polymerized bonds, these products are excluded from the subcategory of"specialty adhesive remover" and its higher YOM content limit. ISOR at YI-63; 

### see 35 Ill. Adm. Code 223.203 (definitions); Model Rule at 4. Products in this gasket or thread locking adhesive remover subcategory remove gaskets ofvarious types, including those pre-formed from non-reactive materials such as rubber, cork, orcardboard, which may not require the higher YOM limit. ISOR at Yl-63. Also, products in this subcategory contain solvents intended onlyto soften adhesives for scraping. Jd. "[P]roducts in the 'SpecialtyAdhesive Remover' [subcategory] may beused on more sensitive substrates where mechanical scraping mayharm the substrate

...." 

### !d. CARB concluded that these factors fail tojustify a higher YOMcontent limit for products removing gaskets orthread locking adhesives. 

### !d. General Purpose Adhesive Remover The Board's YOM regulations define "General Purpose Adhesive Removers" to mean products designed or labeled to remove cyanoacrylate adhesives as well as non-reactive adhesives orresidue from a variety ofsubstrates. 'General Purpose Adhesive Remover' includes, but is not limited to, the following: products thatremove thermoplastic adhesives, pressure sensitive adhesives, dextrine or starchbased10
adhesives, casein glues, rubber orlatex-based adhesives, and products that remove stickers, decals, stencils, or similar materials. 'General Purpose Adhesive Remover' does not include "Floor orWall Covering Adhesive Remover". 35 Ill. Adm. Code 223.203; see JSOR at Vl-59, VI-61; Model Rule at 4. Many ofthe products in this subcategory remove paper-related items employing pressuresensitive adhesives. ISOR at VI-62. Thesepressure-sensitive adhesives "are available in solvent and emulsionbased forms" and are frequently "based on non-reactiverubber adhesives, acrylics, orpolyurethanes." 

### I d. "Pressure sensitive adhesives form viscoelastic bonds that are aggressively and pennanentlytacky; adhere without the need ofmore than a finger orhand pressure; and require no activation by water, solvent, orheat." 

### I d. This subcategory also includes products that remove cyanoacrylate adhesives known as "super glues" even though they are technically reactive. 

### I d. at VI-61; see 35 Ill. Adm. Code 223.203 (definitions); Model Rule at 4. Consumers tend to consider those adhesives as general purpose in nature, and they can be removed using acetone. 

### I d. at VI-61. Directions for products in this subcategory may indicate that they may be sprayed, poured, or applied with a cloth in orderto remove the adhesive. ISOR at VI-62. "In addition to dissolving the adhesive, some products may be formulated to swell and soften the adhesive." 

### I d. Directions generally recommend that the dissolved or softened adhesive be scraped away and thai a damp or dry cloth then clean the surface. 

### !d. In this subcategory, adhesive removers are available inboth aerosol and non-aerosol formulations. ISOR at Vl-62. They typically have a high VOM content, "although there is limited use ofLVP-VOC and exempt ingredients such as dibasic esters and acetone." 

### I d. at IV62, IV-64. Theseremovers typically include the following ingredients: hydrocarbon solvents, d'limonene, isopropyl alcohol, 2-butoxyethanol, xylenes, glycol ethers, and hydrocarbon propellants for aerosols." 

### !d. at VI-64. Specialty Adhesive Remover The Board's VOM Regulations defme "SpecialAdhesive Removers" to mean products designed to removereactive adhesives from avariety ofsubstrates. Reactive adhesives include adhesives that require a hardener orcatalystin order for the bond to occur. Examples ofreactive adhesives include, but are not limited to epoxies, urethanes, and silicones. 'SpecialtyAdhesive Remover' does not include 'Gasket orThread Locking Adhesive Remover.' 35 lll. Adm. Code 223.203; see ISOR at VI-59; Model Rule at 4. Generally, this definition refers to products removing reactive adhesives that are not regulated under one ofthe three other subcategories. ISOR at Vl-59. These reactive adhesives include "epoxies, acrylics, adhesive vinyl welds, urethanes, silicones, or structural adhesives and sealants." ld. at lV-62; see Model Rule at 4. Generally, these reactive adhesives require mixture ofan adhesive polymer orresin and ahardener or catalyst to form a polymerized orcrosslinked structure. ISOR at VI-62. Other reactive adhesives initiate this crosslinkingby exposure to anII

external element such as heat orultraviolet light. 

### !d. This subcategory excludes "gasket or thread locking adhesive removers." 

### !d.; 

### see 35 Ill. Adm. Code 223.203 (definitions). Althoughreactive adhesives such as epoxies may form a very such strong bond, they are not necessarily more difficult than non-reactive adhesives to remove. ISOR at VI-62. However, "reactive adhesive removers may require a combination ofsolvents to dissolve and untangle adhesive bonds, as well as ingredients that swell and soften the adhesive. Swelling the adhesive enlarges the openings in the polymeric resin, allowing smaller, penetrating solvents to maneuver between the bonds, softening and lifting the adhesive from the substrate." 

### !d. Directions generallyrecommend scraping away the adhesive and then wiping the surface clean, and they may recommend a second application to remove difficult adhesives. 

### !d. 

### In this subcategory, adhesive removers "utilize traditional VOC solventingredients such as methyl ethyl ketone, hydrocarbon solvents, xylenes, toluene, and aerosols use hydrocarbon propellants." JSOR at VI-64. Anti-Static Products The Board's YOMregulations defme "anti-static products" to mean "a product that is labeled to eliminate, prevent, or inhibit the accumulation ofstatic electricity. 'Anti-Static Product' does not include 'Electronic Cleaner', 'FloorPolish or Wax', 'FloorCoating', and products that meet the definition of'Aerosol Coating Product' or 'Architectural Coating."' 35 Ill. Adm. Code 223.203; 

### see Model Rule at 5. The category does "not include dusting aids or General Purpose Cleaners that may impart some anti-static properties." ISOR at VI-71. These anti-static products "are designed and labeled to eliminate, prevent, or inhibit the accumulation ofstatic electricity that can occur on hard surfaces, such as floors and countertops, and fabrics." ISOR at Vl-71. Consumers generallyuse these products to release static cling from clothing, while commercial and institutional customers use them "to dissipate static charge from floors and/or fabric." 

### !d. Anti-static products are available in both aerosol and non-aerosol forms. ISOR at VI-72. "Aerosol products are designed, and labeled, for usage on a variety ofsmfaces including machinery, draperies, floors and clothing." 

### !d. They are intended generally for household use and "are mainly found in supermarkets, office supply or electronics stores, and convenience stores." 

### !d. at V-72, VI-73. "Aerosol anti-static products must eliminate static electricity from a wide variety ofsurfaces, must dry quickly, and must not be susceptibleto static ignition." 

### !d. Although they are often used on clothing and other fabrics, "they are also designed for usage on carpeting around the computer, or other form ofhome electronic equipment, as well as on upholstery." 

### !d. at VI-72. Theytypically consist of"alcohol to promote fast evaporation, a propellant, and a VOC exempt, or an inorganic compound, as an active ingredient." 

### !d. at VI-73. Non-aerosol anti-static products are chiefly intended "foruse on hard floors in sensitive equipment work areas, but someproducts are designed for use on carpeting and other fabrics as well." ISOR at Vl-72. They are "designedmainly for industrial and institutional use" and "are sold primarily injanitorial supply stores." 

### !d. at Vl-73. "These products are composedprimarily ofwater with either aVOC exempt compound or an inorganic compound as the active12 ingredient." Jd. Non-aerosols generallyprovide a protectivecoating from electric charges generating by friction orrubbing. 

### I d. Becausetheir function mayresemble a floor polish or wax, the most restrictive limitprovision may apply to them. 

### !d.; see 35 Ill. Adm. Code 223.260 (MostRestrictive Limit). ContactAdhesives The Board's YOM regulations now define "contact adhesive" to mean

anadhesive thatis designed for application to both surfaces to be bonded together, and is allowed to dry before the two surfaces are placed in contact with each other, and forms an immediatebond that is impossible, or difficult, to reposition afterboth adhesive-coated surfaces are placed in contact with each other, and does not need sustainedpressure orclamping ofsurfaces after the adhesive-coated surfaces havebeen brought together using sufficient momentary pressureto establish full contact betweenboth surfaces. 35 Ill. Adm. Code 223 .203; 

### sec Model Rule at 7. The definition establishes exceptions. It provides that "[t]heterm does not includerubber cementsthat are primarily intended for use onpaper substrates. 35 Ill. Adm. Code 223.203; see Model Rule at 7. It also does not include "vulcanizing fluids that are designed and labeled for tire repair only." 35 Ill. Adm. Code 223.203; see Model Rule at 7. In addition, the Board's definition of"adhesive"provides that, "[f]or 'contact adhesive,' adhesive does not include units ofproduct, less packaging, that consist ofmore than one gallon." 35 Ill. Adm. Code 223.203; see Model Rule at 3. Contact adhesives, which are applied to both substrate surfaces, are distinct from general purpose adhesives applied onlyto one substrate surface to form abond. ISORat VI-77. Contact adhesives have the "propertyof'autohesion' which is the bonding oftwo adhesive surfacesto each other." 

### Id. at VI-79. "[O]ther glues primarily function by forming bondsbetween the adhesive surface and the substrate to bejoined

...." Jd. In the applicationprocess, a contact adhesive "is spread evenly on both surfaces and allowed to drybefore the surfaces arejoined so that mostofthe solvent can evaporate." !d. When the surfaces arejoined, "bonding occurs instantly without the need for sustainedpressure or clamping." ld. With this ability to bond stronglyto itself, a contact adhesive is oftenused tojoinnon-porous surfaces, to which strong bonds are difficult to establish. 

### !d. at VI-79. Contact adhesives have a number ofapplications and are oftenused on large surface areas oron curved orirregular surfaces for which clamping is impractical. 

### !d. at VI-77, Vl-79. They "canbe used for furniture, kitchen cabinets; custom display cabinets; interior and exteriorpanels and partitions; footwear; automotive trim; roofing membrane attachment; and a wide variety ofrelated applications where quick, high strength permanentbonds are needed." 

### !d. at VI-79. The Board's YOM regulations separate the "ContactAdhesive" category into two subcategories, "Contact Adhesive- Special Purpose" and "ContactAdhesive- General Purpose." Those regulations define the special purpose contact adhesive to mean13

a contact adhesive that is used to bond melamine-covered board, unprimed metal, unsupported vinyl, Teflon, ultra-high molecular weight polyethylene, rubber, or high pressure laminate or wood veneer 1116 inch orless in thickness to any porous ornonporous surface, and is sold in units ofproduct, less packaging, that contain more than eight fluid ounces, or is used in automotive applications that are either automotive under the hood applications requiring heat, oil or gasoline resistance orbody-side molding, automotive weatherstrip or decorative trim. 35 Ill. Adm. Code 223.203; 

### see Model Rule at 7. The Board's YOM regulations define the general purpose contact adhesive to mean "any contact adhesive that is not a "Contact Adhesive- Special Purpose."' 35 Ill. Adm. Code 223.203; see Model Rule at 7. Based on these definitions, general use adhesives "would typicallybe sold in units ofproduct, less packaging, that contain no morethan eight fluid ounces and would not be a productused for. automotive applications." ISOR at Yl-77. They are generally "packaged in squeezetubes, glass bottles, ormetal containers" and purchased by retail customers for small repairs and projects. ld. at YI-79. General purposecontact adhesives can suitablyjoin "awide variety ofsubstrates, includingplastic laminates; linoleum; metal; china; wood; masonry; leather; decorative laminates; veneer; foam; cloth; paper; cork; rubber; woodparticle board; plywood; and drywall." Jd. "Contact adhesives are composed ofan elastomericpolymer, which maybenatural or synthetic rubber, carried in a solvent solution orin water as a latex emulsion." ISOR at YI-80. Solvent-based adhesives typically consist of"polychloroprene, t-butyl phenolic resin; magnesium oxide; zinc oxide; antioxidants; fillers; curing agents; and amixture ofsolvents." Jd. Commonly-used solvents include "aliphatic hydrocarbons (hexane, heptane); ketones (acetone and methyl ethyl ketone); alcohol; and aromatics (xylene and toluene)." Water-based adhesives find more common use in industrial applications and "are typically composed ofpolychloropene latex; terpene phenolicresin; zinc oxide; antioxidants; fillers; curing agents; and water." Jd. Electrical Cleaner The Board's YOM regulations define "electrical cleaner" to mean

a product labeled to remove heavy soils such as grease, grime, or oil from electrical equipment, including, but not limited to, electric motors, armatures, relays, electric panels, or generators. The term does not include "General Purpose Cleaner", "General Purpose Degreaser", "DustingAid", "Electronic Cleaner", "Energized Electrical Cleaner", "Pressurized Gas Duster", "Engine Degreaser", "Anti-Static Product", or products designed to clean the casings orhousings of electrical equipment. 35 Ill. Adm. Code 223.203; 

### see Model Rule at 8. Because ofthe heavy nature ofthe soils they remove, these cleaners "normallyuse aggressive solvents" such as xylene, toluene, acetone, and 1-bromopropane. ISOR at Yl-86, Yl-89. Other products in this categorycontain "perchloroethylene, methylene chloride, ortrichloroethylene solvents." 

### Jd. at YI-89. Most electrical cleaners are aerosol. 

### Jd. Aerosol products "tend to use carbon dioxide as the propellant, especially when chlorinated solvents areused." Jd. Electrical14

cleaners "are also conductive and some product labels specifythat theproducts have dielectric strength4 ranging from I0,000 to 30,000 voltsper meter." 

### I d. at YI-88. When electrical equipment must be cleanedwhile current runs through it orwhen residual current exists, the application requires a non-flammable solvent. ISOR at YI-86. "Energized electrical cleaner" addresses this flammability hazard and forms a subcategory of electrical cleaner. 

### !d. TheBoard's YOM rules defme "energized electrical cleaner" to mean

a product that meetsboth 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 whenthere is a residual electrical potential from a component, such as a capacitor. Theproduct label clearly displays the statements: "Energized equipment use only. Notto be used for motorizedvehicle maintenance, or their parts." This does not include "Electronic Cleaner". 35 Ill. Adm. Code 223.203; see Model Rule at 9. Energized electrical cleaners, whether in aerosol ornoon-aerosol forms, "are generally formulated with exempt chlorinated solvents

....: 

### !d., at YI-90. Theymay also be formulated withtrichloroethylene, a YOM. 

### !d. "Carbondioxide is the propellant ofchoice because it is also non-flammable." 

### !d. Electronic Cleaner The Board's YOMregulations define "electronic cleaner' to mean

aproduct 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, butnot limitedto, 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

4 "'Dielectric strength' is defined as the maximum voltage required to produce a dielectric breakdownthroughthe material and is expressed as volts perunit thickness." ISOR at YI-87. According to PlasticsTechnologyLaboratories, Inc., "[b]reakdown is when an electricalburnthrough puncturesthe material, or decomposition occurs. Thehigherthe dielectric strength ofa material, thebetter its quality as an insulator." 

### I d. The Institute for Research and Technical Assistancereports thatthe "[t]he dielectric strength cutofffor cleaners that canbeused on energized equipment is generally 30 kY." 

### !d.15
Product", orproducts designed to cleanthe casings or housings ofelectronic equipment. 35 Ill. Adm. Code 223.203; seeModel Rule at 8-9. These cleaners typically are applied to delicate substrates that maybeharmed by aggressive solvents such as acetone orperchloroelhylene, and they are not intended for use on energized equipment. ISOR at VI-86, VI-88. Electronic cleaners generally are used byconsumers, technicians, and engineers. "These types ofcleaners are to be sprayed until the soil has run off the equipment, must have a rapid dry-lime, and must not leave a residue." 

### !d. at VI-88. Electronic cleaners typically consist ofa variety ofVOC and chlorinated solvents. ISOR at IV-89. These cleaners have commonlyused HCFC-141b, an ozone-depleting substance phased out ofuse. 

### !d. Products have replaced HCFC-141b with "combinations ofdifferent hydrofluorocarbons (HFC), hydrochlorofluorocarbons (HCFC), and hydrofluoroethers (HFE)." !d. Both aerosol and non-aerosol forms ofthese alternative are available. 

### !d. "A number ofthe aerosols in this categoryuse carbon dioxide as theirpropellant in the formulations that include HCFC-141b, but the higher VOC formulas normallyuse a hydrocarbon propellant. It is also not uncommon to see HFC-134aused as a propellant because it is nonflammable." Jd. Fabric Refresher The Board'sVOM regulations define "fabric refresher" to mean

a product labeled to neutralize oreliminate odors on non-laundered fabric including, but not limited to, soft household surfaces, rugs, carpeting, draperies, bedding, automotive interiors, footwear, athletic equipment, or clothing or on household furniture or objectsupholstered or covered with fabrics such as, but not limited to, wool, cotton, ornylon. "Fabric Refresher" does not include "Antistatic Product", "Carpet and Upholstery Cleaner", "SoftHousehold Surface Sanitizers", "Footwear or Leather Care Product", "Spot Remover", or "Disinfectant", orproducts labeled for application to both fabric and human skin. Forthe purposes ofthis definition only, "SoftHousehold Surface Sanitizer" means a product labeled to neutralize or eliminate odors on the listed surfaces above whose label is registered as a sanitizerunderthe Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 USC 136 etseq.). 35 Ill. Adm. Code 223.203; see Model Rule at 9. Generally, these products are intended for household, automotive, commercial, and institutional settings for neutralizing or eliminating odor on fabric. ISOR at VI-96. Household odors may include "smoke, pet odors, kitchen odors, musty odors, odors caused byperspiration, germs, mold and mildew on fabric including, but not limited to, soft household surfaces, rugs, carpeting, draperies, bedding, automotive interiors, footwear, ath!6tic equipment, clothing and/orhousehold furniture or objects covered with fabrics such as wool, cotton, nylon, or other synthetic fabrics." 

### !d. Institutional and commercial users include "nursinghomes, hospitals, hotels, motels, and restaurants." 

### !d. at VI-97. Retailers are the usual source ofhousehold products, "whilethe16

institutional and commercial products are sold via wholesalers through distribution channels or direct sales." !d. With aerosol and pump sprayformulations, users sprayrefresher directly onto fabric. ISOR at VI-97. 'Theproduct penetrates the fabric, and the odor fades as the fabric dries. Solid fabric refresher products are typically sprinkled onthe fabric surface, followed byvacuuming or sweeping." !d. Some fabric refreshers control odors simplyby masking them "withmolecules that have a morepleasant smell. Otherproducts neutralize the odors bymodifying the cause of the odoron the molecular level." !d. Fabric refreshes may also include "odor digesters with bacteria that create enzymes which seek and eliminates the odor's source." !d. (citation omitted). Formulations ofaerosol fabric refreshers typically are either single-phase or doublephase. ISOR at VI-97. Liquid components ofa single-phaseproduct "arepresent in a single homogeneous phase" containing a small amount offragrance with solvents and propellants. !d. Many suchproducts also include inorganic compounds such as metallic salt. However, "[t]hese aerosol products usually have a high VOC content." !d. More common are double-phase products, which include a propellant and two liquidphases: "a larger water phase and a smaller organic phase(s), which contains a small amount offragrance." !d. Shaking mixes the phases into ahomogeneous emulsion. 

### Jd. Both single-phase and double-phase aerosols typically use as propellants "blends ofbutanes and propane, or dimethyl ether. Propellants generally constitute 15 to 90 percent ofthe weight ofthe product for single-phase aerosols, and 5 to 30 percent ofthe weight ofthe product for double-phase aerosols." !d. Pump spray fabric refreshers typically consist of"water, a small amount offragrance and surfactants, and alcohol." ISOR at Vl-97. Alcohol, the VOM found most often in this formulation, varies widely in terms ofits percentofthe weight oftheproduct. 

### I d. Alcohol serves to serves as a solvent for the fragrance compounds, controls particle size, and reduces the products' drying time. ld. at Vl-97- VI-98 (citation omitted). "Liquid fabric refresher products are very similarin their formulation to pump spray products, usually containing water, small amount ofsurfactants and slightly higher amount of fragrance on average than pump sprays." ISOR at VI-98. Solid fabric refreshes generally consist ofinorganic compounds and a small amount offragrance. !d. "Inorganic compounds in solid fabric refreshers may serve as odor removers, moisture absorbents, dessicants, and fillers." 

### Id. (citation omitted) Footwear or Leather Care Product The Board's VOM regulations define "Footwear orLeather Care Product" to mean anyproductdesigned orlabeled to be applied to footwear orto other leather articles/components to maintain, enhance, clean, protect, ormodify the appearance, durability, fit, orflexibility ofthe footwear or leather article/component. Footwearincludes both leather and non-leather foot apparel. 'Footwear orLeather Care Product' does not include 'Fabric Protectant', 'General Purpose Adhesive', 'ContactAdhesive', 'Vinyl/Fabric/Leather/Polycarbonate17 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. 35 Ill. Adm. Code 223.203; see ISOR at VI-100; Model Rule at 10. Leather substrates include both "smooth leather and rough leather, such as suede, nubuck, and roughout. Footwear substrates include leather and non-leathermaterial, such as fabric." ISOR at VI-I00. Theseproducts include shoe polish that shines and protects footwear, cleaners that clean footwear and leather articles, and conditioners that soften and preserve leather. 

### !d. at VI-I0I. Specialized products include those "to stretch tight-fitting footwear to loosenthem for a better fit, dedicated dye products for leather and associated dye reducers used for permanent coloring, products to 'dress' the edges ofsoles and heels offootwear, and products to remove scuffmarks from footwear." 

### !d. Users include households, outdoor enthusiasts, and workers inparticular professions and commercial establishments, who apply these products to their own clothing and otherleather goods. 

### !d. Commercial uses include shoerepair and shining, saddler and stable operation, and automotive detailing. 

### !d. These products are sold both in general sales outlets such as supermarkets and drug stores and in specialized outlets such as shoe and auto supply stores. 

### !d. Use ofthese products depends on form. "[S]uede and nubuck cleaners are generally aerosols" wiped clean before brushing. ISOR at VI-101. Solid hard-paste shoepolish is applied to footwear, allowed to dry, and then buffed. 

### !d. Conditioners generally are liquids applied to leather and allowed to penetrate its surface. 

### I d. Footwear and leather careproducts include a variety ofingredients matchingtheir range offunctions. Active ingredients may include such hard orprotective substances as "camauba wax; paraffin wax; microcrystalline wax; beeswax; shellac wax; and resins

...." ISOR at VII02. Milder ingredients may include glycerin cleaners orlanolin. 

### !d. "Carriers and other ingredients may include organic and hydrocarbon solvents; emulsifiers; water; plasticizers; and propellants for aerosols." 

### !d. Differentingredients require different amounts and types of solvents for delivery. 

### !d. Cleaners vary widelyin terms oftheir amounts and types ofsolvents. 

### I

d. Within productcategories orproduct forms, YOM content may also vary widely. 

### Id. The Agency's original proposal establishes YOM content limits according to three forms ofthese products, and the Board separately addresses those three forms in the following subsection ofthe opinion. Aerosol "Aerosol products include cleaners for suede and nubuck, cleaners for athletic shoes, and miscellaneous products." ISOR at VI-1 02. For suede and nubuck cleaners, YOM content ranges from 85 percent to I00 percent. 

### I d. "Current formulations contain predominantlyhydrocarbon solvents, along with organic solvents and hydrocarbon orcarbon dioxidepropellant." 

### I d. The hydrocarbon solvents used maybeheptanes, petroleum distillates such as mineral spirits or aliphatic petroleum distillates, and toluene. 

### I d. Organic solvents employed intheseproducts "include compounds such as butyl acetate, ethyl acetate, orisopropyl alcohol.

..." 

### I d.18 Propellants include eitherhydrocarbons orcarbon dioxide. 

### !d. To a very limited extent, cleaners in this categoryemployperchloroethyene, a chlorinated solvent. ISOR at Vl-102- Vl-103; see Prop. at 35 (proposed Section 223.211); seealso Model Rule at 28. Foraerosol athletic shoe cleaners, YOM content ranges from I0 percentto 20 percent. ISOR at VI-I03. Current formulations contain 75 percent to 90percent water and use cleaning agents such as glycol ethers, alcohols, d-limonene, or a combination ofthem. Hydrocarbons are a possiblepropellant. fd_ For cleaners ofotherproducts, YOM contentvaries from 0 percentto 45 percent. 

### !d.

The Board's YOM regulations define "solid" to mean "a substance or mixture of substancesthat, either whole or subdivided (such as the particles comprising a powder), is not capable ofvisually detectable flow as determinedunderASTMD4359-90, incorporated by reference in Section 223.120, or an equivalent method approved bythe California AirResources Board." 35 Ill. Adm. Code 223.203; see Model Rule at 17. Among solidproducts in this subcategory, hard paste shoepolishes have a YOM content ranging from 60 percentto 75 percent. ISOR at VI-I03. Petroleum distillate solvents, including mineral spirits, aliphatic hydrocarbons, or stoddard solvents, account for nearly all ofthis content. 

### !d. "These solvents enablethemain ingredient waxesto be softened and formed into paste with the correct consistency, stability, andperformance characteristics'' 

### !d. Withother solid products, the YOM content ranges from 0 percent to 25 percent. ISOR at VI-I03. Otherproducts inthis subcategoryinclude conditioners inpaste form and solid cleaners such as saddle soap. 

### !d. Somepaste conditioners or shoe creams maybe semi-solid ratherthan solid. 

### !d. The Board'sYOM regulations define "semi-solid" to mean "aproduct that, at roomtemperature, will notpour, but will spread ordeform easily, including butnot limited to gels, pastes, and greases." 35 Ill. Adm. Code 223.203; seeModel Rule at 17. "[P]roducts that are "semi-solids," including "shoe creams" that meetthe definition ofthe form, wouldbe in the "all otherforms" subcategory." ISOR at VI-103. Other Forms Liquidproducts constitute 92 percent ofthe "all other forms" subcategory, and few of them are sold inpump sprays. ISOR at VI-104. YOM content ofthese products ranges from 0 percent for water-based cleaners to I00 percent for VOM-based dyes and dyereducers. 

### !d. Other liquidproducts inthis subcategory includeprotectants, polishes, dressings, lotions, and products that remove scuffmarks. 

### !d. "Semi-solids" include shoe creams, which are generally emulsionshaving water content of30-50 percent, "making them softer and easierto apply than hard-paste polish." 

### !d. Theseproducts have a YOM content ofI0 percent to 30 percent. 

### I d. Other creams may employ low vaporpressure YOM, rather than water, buthave similarYOM content. Jd.19

Graffiti Remover The Board's YOM regulations defme "graffiti remover" to mean

a product labeled to remove spraypaint, ink, marker, crayon, lipstick, nail polish, or shoe polish from a variety ofnon-cloth ornonfabric substrates. The term does not include 'PaintRemover or Stripper', 'NailPolish Remover', or 'Spot Remover'. Products labeled for dual use as both a paint stripper and graffiti remover are considered 'Graffiti Removers'. 35 Ill. Adm. Code 223.203; see lSPR at VI-109; Model Rule at II. Products in this category are intended for both indoor and outdooruse and are used byboth households and institutions. ISOR at VI-I09. Graffiti removers generally are sold injanitorial supply stores and mayalso be found in paint supply stores. !d. They "workbypenetrating and dissolving unwanted graffiti and/or markings, while doing little or no damage to the painted surface underneath." !d. This distinguishes them from "paintremover or stripper," which may damage the underlying paint substrate. !d. Users spray graffiti remover onto a surface and allow it to sit. 

### Id. The sprayed surface is then eitherrubbed with a cloth or abrasive sponge, depending on the nature ofthe surface. !d. Both aerosol and non-aerosol graffiti removers typically consist of"a variety ofsolvents such as D-limonene, alcohol, xylene, and n-methyl-2-pyrrolidone (NMP)." lSOR at VI-II0. Both also often contain an aromatic hydrocarbon solvent. !d. at VI-I II. Water-based nonaerosol products are available, and some non-aerosol products employ dibasic ester mixtures or glycol ethers. !d. Use ofaromatic hydrocarbon solvents, hydrocarbon propellant, and alcohols cause aerosol products to have high YOM content. !d. However, "[a]lcohols are useful in cutting, or dissolving, other markings like crayon, ink, or lipstick without damaging the underlying painted surface." 

### I d. Hair StvlingProduct The Board's YOM regulations define "hair styling product" as

a consumerproductmanufactured on or after July I, 2009 that is designed or labeled for application to wet, damp ordry hairto aid in defining, shaping, lifting, styling and/or sculpting ofthe hair. This includes, but is not limited to, hairbalm, clay, cream, creme, curl straightener, gel, liquid, lotion, paste, pomade, putty, root lifter, serum, spray gel, stick, temporary hair straightener, wax, sprayproducts that aid in styling but do not provide finishing ofa hairstyle, and leave-in volumizers, detanglers and/or conditionersthat make styling claims. This does not include 'HairMousse', 'Hair Shine', 'Hair Spray', or shampoos and/or conditionersthat are rinsed from the hairpriorto styling. For the purposes ofthis Subpart, 'finish' or 'fmishing' means the maintaining and/orholding of previously styledhair for aperiod oftime. Forthe purposes ofthis Subpart, 'styling' means fonning, sculpting, ormanipulatingthe hair to temporarily alter20

thehair's shape. 35 

### Ill. Adm. Code 223.203; 

### see ISOR at VI-113- VI-114; Model Rule at 12. This category "doesnotinclude the product form of'foam,"' which falls under the category of "hairmousse." ISOR at VI-113. Although hair mousses are excluded from this category, "there are non-aerosol, pump-actuated, foaming hair styling products currently available in the market." ISOR at VI-114. Becausethey are non-aerosol, they do not fall under the definition of"hair mousse" and would be subjectto the limits applicable to this category for the pump form. 

### !d.; see 35 Ill. Adm. Code 223.203. Products in this category are available for personal use and for commercial use in businesses such as hair styling salons. ISOR at V-114. These products are sold in retail establishments including discount, department, drug, and grocery stores. 

### !d. They are also available through hair styling salons and on the Internet. 

### !d. at VI-114- VI-115. The formulation ofhair stylingproducts depends onboththe form and the desired capabilities ofthe product. ISOR at VI-115. Because ofthe range ofproducts available in the market, "there is no exact and/or typical formula for the category." 

### !d. Products inthis category "maycontain a variety offixatives and/or stylingpolymers (resins), to provide hold, form films, and/or condition." 

### !d. In addition to theseresins, products "maycontain starches, waxes, and/or othertypes ofcompounds to impart hold orhelp retain the hairstyle." 

### !d. In addition, "[t]he majority ofproducts also contain water with other possible ingredients beingplasticizers, silicones, lanolin derivatives, various oils and waxes, proteins, plant and/or fruit extracts, fi"agrance, vitamins, preservatives, pH adjusters, neutralizers, propylene glycol, glycol ethers, and humectants." 

### !d. Foraerosol products, propellants might include HFC-152a or such hydrocarbons as "butane, dimethyl ether, isobutene, isopentane, orpentane." 

### !d. Inthis category the most common VOMs are ethanol and fragrance. Ethanol may serve either as a solvent for resin orto decrease drying time. 

### !d. In these products, resins maybe soluble in either water or alcohol. ISOR at Vl-115. Although aqueous-based resins are in wideuse, someproducts still rely on alcohol-based resins. 

### !d. "Formany ofthe products using alcohol based resins, the VOC in the product comes from the amount ofalcohol needed to keep the resin in solution, or from the resin solution as itis provided from the supplier

...." 

### Id. Theymayalso employ additional alcohol so that the product dries more quickly on the hair. 

### !d. at VI-116. Suchproducts canbemore difficult to reformulate to aqueousbased resins. Jd. at Vl-115. Shaving Gel The Board's VOM regulations define "shaving gel" as "an aerosol productthat dispenses apost-foaming semisolid designed to be used with a blade, cartridge razor, orother shaving systeminthe removal offacial orotherbodyhair. This does not include 'Shaving Cream."' 35 

### Ill. Adm. Code 223.203; see ISOR at VI-119; Model Rule at 17. These products facilitate shavingbyproviding lubricity and also bymoisturizing the skin. ISOR at V1-119.21 Although shaving gels are by definition aerosol products, "they differ from typical aerosol products

... in that the majority ofthe shaving gels onthe marketutilizebarrierpack (compartmentalized) systems in which the semi-solid (gel) is separated from thedriving propellant." 

### !d. at VI-119. The most commontypes ofthese systems are the bag-in-can and piston-type barrier-pack, "in which the blowing agents (also called post-foaming agents) and driving propellants are contained in separate chambers or compartments." Jd. (citation omitted). With shaving creams, on the other hand, the cream concentrate and propellant are mixed and expelled from the container as foam. 

### !d. Barrierpacks were developed approximately 50 years ago and may offer a number of advantages. lSOR at VI-121. First, they allow separation ofproduct concentrates from propellants. 

### !d. (citation omitted). Second, they allow "use in any orientation (many conventional aerosols lose propellant when inverted)." 

### !d. (citation omitted). Also, barrierpacks remain quiet during use because they do not generate the hiss associated with typical aerosols. 

### !d. (citation omitted). Two forms ofbag-in-cantechnology are in commonuse. ISOR at Vl-121. Inthe first, the shaving gel product is injected into a bagbefore the valve is attached, and the bag is then hermetically sealed. 

### !d. "The driving propellant (typically hydrocarbon)is then injected through a hole in the bottom ofthe can. This type ofsystem can be immediately identified by the presence ofa bottom plug (grommet) which is used to contain the propellant." 

### !d. (citation omitted). In the second type ofthis system, the bag is also attached to the valve, and "anunderthe-cap gasser is used to add the driving propellant. 

### !d. The gel is forced into the bag, via the valve, and the exo-space gas is compressed. Bottom plugs/grommets are absent with this system." Jd. (citation omitted). Piston-type barrier-pack systems are also in use. These "consist ofa can, open at the bottom, into which a piston is inserted. Thebottom, which is perforated with a central hole, is then seamed on." ISOR at VI-121. The can is filled withproductthrough the valve opening before the valve is inserted. 

### !d. Because the bottom ofthe can has a hole, "when the piston is displaced by the productupon filling, any airbelow the piston is expelled. After the valve is attached, the package is bottom-gassed withpropellant and the bottomholeplugged with a grommet." 

### !d. at VI-122 (citation omitted). A recently-developed technology, the ATMOS system, consists ofa plastic bottle inserted into a rubber tube. 

### !d. "When the productis filled into the bottle, the rubber sleeve expands. The sleeve's naturaltendency to return to original size provides the propelling power for the system." 

### !d. Inthe shaving gel category, blowing agents generate apost-foaming effect. ISOR at VI120. "Once the gel is dispensed and spread, the blowing agent changes from an initial liquid phaseto a gas phase, which causes the productto foam." 

### !d. Blowing agents employed in this category includepentane, isopentane, and isobutene, with isopentanelisobuteneblends most common." !d. Propellants expel shaving gels from a container. Id. at VI-121. "Shaving gel driving propellants differ from standard aerosol propellants in that they are physically separated from the gel product, rather than being mixed withthe product as typical aerosols." 

### I d. Propellantsused in this categoryinclude compressed air, butane, isobutene, and propane, with isobutane andpropane/isobutaneblends mostcommon. 

### !d. Remaining ingredients include22

"emollients such as stearic and palmitic acid; surfactants such as triethanolamine and polyethylene glycols; thickeners such as cocamide DEA, hydroxyethylcellulose, and PVP (Polyvinylpyrrolidone); preservatives such as methyl and propylparaben; moisturiziers such as aloe vera gel; and neutralizer such as triethanolamine." Jd. Manyproducts also include fragrance and color. Jd. Wood Cleaner The Board's VOM regulations define "wood cleaner" as "a product labeled to clean wooden materials, including but not limited to decking, fences, flooring, logs, cabinetry, and furniture. The term does not include 'Dusting Aid', 'General Purpose Cleaner', 'Furniture Maintenance Product', 'Floor Wax Stripper', 'Floor Polish orWax', orproducts designed and labeled exclusively to preserve or color wood. 35 Ill. Adm. Code 223.203; see JSOR at VJ-139; Model Rule at 20. Generally, this category does not include products that leave protective finishes on a wood surface. Products in this category are often designed to remove built-up polish. ISOR at VI-139. Wood cleaners are found most often in liquid form but are also available in aerosol and solid form. JSOR at VI-139. Non-aerosol products are usually designated for eitherindoor or outdooruse on surfaces such as floors, patios, and decks. Jd. at VI-139, VI-140. 'Theproduct is normally diluted, applied to a soiled surface and allowed to set for a few minutes. The surface is then cleaned offwith a cloth, mop, abrasive sponge orrinsed offand allowed to dry." !d. atVI140. Waterhoses ormechanical sprayers are employed with non-aerosol deck washes. 

### !d. Aerosol wood cleaners are used similarly and are generally intended for use indoors on surfaces such as furniture and cabinetry. 

### !d. Households and commercial and industrial establishments all use wood cleaners inboth aerosol and non-aerosol forms. ISOR at VI- I40. Aerosol fonnulations are commonly sold in supermarkets and convenience stores, while non-aerosol fonnulations are sold injanitorial supply businesses, convenience and hardware stores, and supermarkets. 

### !d. Non-aerosol wood cleaners consist mostly ofwater-based formulations. ISOR at VI-140. Products typically include "water with a small amount ofan exempt and/or and inorganic compound." Jd. Solvent-based non-aerosol wood cleaners "normallyconsist ofhydrocarbon solvent and exemptcompounds." Jd. at VI-I4I. Aerosol products in this category consist mainly of"mineral spirits, hydrocarbon propellants, and sometimes water." 

### ld. (citation omitted).

ESTIMATED VOM EMISSIONS FROM AFFECTED PRODUCT CATEGORIES AND PROJECTED EMISSION REDUCTIONS The Agency states that consumer and commercial products maycontain solvents, evaporation ofwhich causes release ofVOM into the atmosphere. TSD at I I. The Agency adds that these emissions "are generally estimated on the basis ofVOMcontent ofthe products, the average use ofthese productsbypeople in a given region, and the population in thatregion." 

### I d. Forcalendar year 2008, the Agency has estimated VOM emissions from all consumer and23

commercial productsbasedupon pound peryearper capita data and on population estimates. 

### !d., citing Inventory. Forthe Chicago NAA with a population of8,542,457, the Agency estimates annual VOM emissions at a rate of91.60TPD from consumer and commercial products. The Agency also estimates total annual anthropogenic VOM emissions at a rate of675.14 TPD. TSD at II, citing Inventory (Appendix B: 2008 Chicago NAA Emissionsby Category). Consumer and commercial products account for 13.56 percent oftotal anthropogenic VOM emissions. TSD at II, citing Inventory. Forthe Metro East

- St. Louis NAA with a population of585,438, the Agency estimates annual VOM emissions at a rate of6.31 TPD from consumer and commercial products. The Agency also estimates total annual anthropogenic VOM emission at a rate of64.39 TPD. TSD at II, citing Inventory (Appendix C: 2008 Metro East NAA Emissions by Category). Consumer and commercial products account for 9.80 percent oftotal anthropogenic VOM emissions. TSD at II, citing Inventory. Forthe attainment areas in Illinois with a population of3,715,059, the Agency estimates annual VOM emissions at a rate of41.01 TPD from consumer and commercial products. The Agency also estimates total annual anthropogenic VOM emissions at a rate of652.49 TPD. TSD at II, citing Inventory (Appendix D: 2008 Attainment AreaEmissionsby Category). Consumer and commercialproducts account for 6.28 percent oftotal anthropogenic VOM emissions. TSD at II, citing Inventory. Forthe entire State ofIllinois with apopulation of 12,842,954, theAgency estimates annual VOM emissions at a rate of 138.92 TPD from consumer and commercial products. The Agency also estimates total annual anthropogenic VOM emissions at a rate ofI,392.02 TPD. TSD at II, citing Inventory (Appendix A: 2008 Statewide Emissions by Category). Consumer and commercialproducts account for 9.98 percent oftotal anthropogenic VOM emissions. TSD at II, citing Inventory. The Agency states that "[e]mission data for consumerproducts is generally estimated on a per capita basis, based onthe average usage ofa particularproductby a person in a given population." TSD at 8. The Agency reports that it estimated emissions for the product ·categories included in its proposal byusing research conducted by CARB and adjusted for the population ofIllinois. TSD at II; see ISOR at IV-31

- IV-34 (products survey). CARB estimated 2001 California emissions in tons per day for each ofthe product categories included in the Agency's proposal. ISOR at IV-33 (Table IV-2: VOC Emissions by Product Category). The Agency estimates that total 2008 annual VOM emissions in Illinois from the product categories addressed in its rulemaking proposal are 2.233 TPD. TSD at 12. In addition, the Agencyprojected potential emission reductions resulting from its proposal by using the research conducted by CARB and adjusting this data to reflect the difference in Illinois' population. SR at 5; TSD at 8; see id. at 18; see also ISOR at IX-211 (Table IX-I: Proposed VOC Limits and Reductions by Product Category). The Agency estimatedthat "VOMemissions in Illinois may bereduced by approximately one ton perday due24

to the proposed amendments and additional regulated categories." Davis Test. at 3. The Agency acknowledges that these projections may over-estimatereduction "dueto the penetration of compliant products in the state from manufacturers who market theirproducts in states that have already adopted similarrules." ld. at 18; see id. at 8. 

### In the following subsections, the Board separately addresses both the estimated emissions from each ofthese product categories and the reductions in emissions from them projected to result from the Agency's proposal. AdhesiveRemovers TheAgency estimates 2008 annual YOM emissions in Illinois from the adhesive remover product category at rates ofO.Oll TPD for gasket orthread locking adhesive removers, 0.113 TPD for general purpose adhesive removers, 0.171 TPD for specialty adhesive removers, and 0.247 TPD for floor or wall covering adhesive removers. TSD at 12 (Table 2: Annual YOM Emissions from Affected Product Categories in Illinois); see ISOR at IY-33 (estimating 2001 California emissions of0.031 TPD, 0.304 TPD, 0.460 TPD, and 0.666 TPD, respectively). Total estimated 2008 Illinois annual YOM emissions from these four subcategories are at a rate of 0.542 TPD. !d. Based onthe YOMcontent limits it proposes, the Agency estimates YOM emission reduction in this category of-0.004 TPD from gasket orthread locking adhesive removers. TSD at I (Table 5: Estimated YOM Emission Reductions for ConsumerProducts); see ISOR at YI-65 n.1, IX-211 n.2 (attributing increase to prohibition ofspecified compounds). The Agency estimates reduction of0.234TPD for general purpose adhesive removers. TSD at 18; see ISOR IX-211 (projectingreduction of0.258 TPD). The Agency also estimatesreduction of0.096 TPD for specialty adhesive removers. TSD at 18; see ISOR at IX-211 (projecting reduction of0.138 TPD). Finally, the Agency estimates reduction of0.051 TPD for floor orwall covering adhesive removers. TSD at 18; see ISOR at IX-211 (projectingreduction of0.630 TPD). The Agency's total estimated net emissionreductions from this product category equal 0.377 TPD. TSD at 18. Anti-Static Products The Agency estimates 2008 annual YOM emissions in Illinois from the anti-static product category at a rate of0.102 TPD for aerosol products. TSD at 12; see ISOR at IV-33 (estimating 2001 California emissions of0.275 TPD). TheAgency attributes no YOM emissions to non-aerosol anti-static products. TSD at 12; see ISOR at IV-33 (same). Based on theYOM content limitit proposes, the Agency does not project YOMemission reductions from aerosol products in this category. TSD at 18; see ISOR at IX-211 (projecting reduction of0.057 from aerosols and 0.000 from non-aerosols). The Agency offers no projection onreduction ofYOM emissions from non-aerosol products. See TSD at 18.25



### ContactAdhesive The Agency estimates 2008 annual YOM emissions in Illinois from the general purpose contact adhesive category at a rate of0.026 TPD. TSD at 12; see ISOR at IY-33 (estimating 2001 California emissions of0.070 TPD). The Agency also estimates emissions from the special purpose contact adhesive category at a rate of0.028 TPD. TSD at 12; see ISOR at IV-33 (estimating 2001 California emissions of0.075 TPD). Based on the YOM content limits it proposes, the Agency estimates YOM emission reduction in this category of0.001 TPD from general purpose contact adhesives. TSD at 18; see ISOR at IX-211 (projecting reduction of0.003 TPD). The Agency does not project emission reductions from special purpose contact adhesives. TSD at 18; see ISOR at IX-211 n.4 (noting retention ofexisting limit after separation into subcategories). 

### Electrical Cleaner The Agency estimates 2008 annual YOM emissions in Illinois from the electrical cleaner product category at a rate of0.122 TPD. TSD at 12; see JSOR at IV-33 (estimating 2001 California emissions of0.330 TPD). Based on the YOM content limitit proposes, the Agency estimates YOM emission reductions in this productcategory of0.026 TPD. TSD at 18; see ISOR at IX-211 (projecting reduction of0.070 TPD). 

### Electronic Cleaner TheAgency estimates 2008 annual YOM emissions in Illinois from the electronic cleaner product category at a rate of0.089 TPD. TSD at 12; 

### see ISOR at IV-33 (estimating 2001 Califomia emissions of0.241 TPD). Based on the YOM content limitit proposes, the Agency estimates YOM emission reduction in this productcategory of0.018 TPD. TSD at 18; see ISOR at IX-211 (projecting reduction of0.049 TPD). 

### FabricRefresher The Agency estimates 2008 annual YOM emissions in Illinois from the fabric refresher product category at a rate of0.157 TPD for aerqsol products. TSD at 12; see ISOR at IY-33 (estimating 2001 California emissions of0.424TPD). The Agency also estimates emissions at a rate of0.247TPD for non-aerosol products in this category. TSD at 12; 

### see ISOR at IY-33 (estimating 2001 California emissions of0.665 TPD). Based on the YOM content limits it proposes, the Agency estimates YOM emission reduction of0.082 TPD for aerosols inthis product category. TSD at 18; see ISOR at IX-211 (projecting reduction of0.221 TPD). The Agency also estimates reduction of0.082 TPD for non-aerosols. TSD at 18; see ISOR at IX-211 (projectingreduction of0.220 TPD).26



### Footwear orLeather CareProduct The Agency estimates 2008 annual YOM emissions in Illinois from the footwear or leather care product category at rates of0.019 TPD for aerosol products, 0.065 TPD for solid products, and 0.035 TPD for all other forms. TSD at 12; see ISOR at IV-33 (estimating 2001 California emissions of0.050 TPD, 0.174 TPD, and 0.094 TPD, respectively). Based on the YOM content limits it proposes, the Agency estimates YOM emission reduction of0.003 TPD for aerosols in this product category. TSD at 18; 

### see ISOR at IX-211 (projecting reduction of0.008 TPD). The Agency also estimates reduction of0.014 for solids. TSD at 18; see ISOR at IX-211 (projecting reduction of0.039 TPD). The Agency also estimates reduction of0.022 TPD for all otherproduct forms in this category. TSD at 18; see ISOR at IX211 (projecting reduction of0.060 TPD). 

### Graffiti Remover The Agency estimates 2008 annual YOM emissions 

### in Illinois from the graffiti remover product category at rates of0.032 TPD for aerosol products and 0.041 for non-aerosol products. TSD at 12; see ISOR at IV-33 (estimating 200I California emissions of0.085 TPD and 0.11 TPD, respectively). Based onthe YOM content limits it proposes, the Agency estimates YOM emission reduction of0.005 TPD for aerosols in this product category. TSD at 18; see ISOR at IX-211 (projecting reduction of0.014TPD). The Agency also estimates reduction of0.026TPD for non-aerosols. TSD at 18; see ISOR at IX-211 (projecting reduction of0.071 TPD). 

### Hair Styling Product The Agency estimates 2008 annual YOM emissions 

### in Illinois from the hair styling product category at rates of0.174 TPD for aerosol and pump spray products and 0.070 TPD for all other forms. TSD at 12; see ISOR at IV-33 (estimating 2001 California emissions of0.468 TPD and 0.190 TPD, respectively). Based on the YOMcontent limits it proposes, the Agency estimates YOM emission reduction of0.150 TPD for aerosols and pump sprays in this product category. TSD at 18; see ISOR at IX-211 (projecting reduction of0.404 TPD). The Agency also estimates reduction of 0.060 TPD for non-aerosols. TSD at 18; see**ISO~** at IX-211 (projectingreduction of0.163 TPD). 

### Shaving Gel The Agency estimates 2008 annual YOM emissions in Illinois from the shaving gel product category at a rate of0.382 TPD. TSD at 12; see ISOR at IV-33 (estimating 2001 California emissions of 1.030 TPD).27

Based on the YOM content limit it proposes, the Agency estimates YOM emission

. reduction of0.046 TPD inthis product category. TSD at 18; see ISOR at IX-211 (projecting reduction of0.124 TPD). Wood Cleaner The Agency estimates 2008 annual YOM emissions in Illinois from the wood cleaner product category at rates of0.020 TPD for aerosol products and 0.084 for non-aerosol products. TSD at 12; see ISOR at IY-33 (estimating 2002 California emissions of0.053 TPD and 0.226 TPD, respectively). Based on the YOM content limits it proposes, the Agency estimates YOM emission reduction of0.007 TPD for aerosols in this product category. TSD at 18; see ISOR at IX-211 (projecting reduction of0.019 TPD). TheAgency also estimates reduction of0.086 TPD for non-aerosols. TSD at 18; see ISOR at IX-211 (projecting reduction of0.232 TPD). TECHNICAL FEASIBILITY Generally The Agency expresses the beliefthat its proposed rules are technically feasible. SRat 5. The Agency states that "technology for controlling YOM emissions from consumerproducts and aerosol products is largely developed orbeingdeveloped." !d.; see TSD at 19. The Agency supports its claim offeasibility by stating that "the proposed emission limits are already in place in California, the OTC states," as well as in Indiana, Michigan, and Ohio. TSD at 8, 13, 14. The Agency elaborates that, because ofadoption in thesejurisdictions accounting for nearly halfof the U.S. population, "compliant products in all categories are widely available

...." TSD at 13; see SR at 5; Davis Test at 3. The Agency claims that manyproducts sold in Illinois already comply with the proposed YOM content limits. TSD at 13; SR at 5. The Agency attributes this to "national and regional manufacturers ofthese products making a one-time change to the products in order to be compliant with the most stringent rules in the country and selling the same productnationally." TSD at 13; see SR at 5. As further support for its claim offeasibility, the Agencyrelied on technical support prepared by CARB for recent amendments to California's rules. SR at 5; see ISOR at III-12- III-13, VI-58- YI-142. The Agency argues that the most effective ways to meet the proposed YOM content limits in the affected product categories "are reformulating products currently employing YOM solvents and replacing them with waterbased formulations or formulations employing acetone or other exempt solvents." TSD at 13. TheAgency also claims that manufacturers may be able to complyby "increasing the solids content ofproducts, formulating non-YOM propellants for products, or changingthe valves, containers, ordelivery systems ofthe products

...." 

### !d. The Agency argues that, because manufacturers have modified products to comply with identical standards in otherjurisdictions, these reformulations could bemade, orhave alreadybeen made, for products sold in Illinois. 

### !d. at 14. The Agency claimsthat "compliant products have been shown to be effective in theirpurpose, and have not significantly changed the usefulness ofthe product by reducing YOM content, orby using a substitute solvent in the product 

### !d. at 19.28

In the following subsection ofits opinion, the Board for each product category addresses the technical feasibility ofcomplying with the Agency's proposal. Adhesive Removers The Agency's proposal includes for this product categoryboth VOM content limits in Section 223.205 and a prohibition on the use ofsolvents including methylene chloride in Section 223.211. Prop. at 28, 35; seeISORVI-69. In addition, because ofambiguous labels onmultifunction products, existing regulations apply additional labelingrequirements to adhesive remover products. ISOR at Vl-69; see 35lll. Adm. Code 223.265. For eachproduct, manufacturers and responsible parties must clearly display the category to which the product belongs and the applicable VOM standard. 35lll. Adm. Code 223.265(a); see ISOR at VI-69. The Agency'sproposed VOM content limits are likely to increasethe use ofLVP-VOM solvents and water emulsion formulations. ISOR at VI-66; see 35 Ill. Adm. Code 223.203 (defmitions). The market now includes products containing LVP-VOM solvents that meet the proposed limits. ISOR at Vl-66. These L VP-VOMs "canbe used for a variety ofapplications." ld. (citations omitted). In addition, bio-based solvents such as ethyl lactate and soy methyl esters have become increasingly competitive as alternatives to petroleum solvents. 

### !d. (citations omitted). They are compatible with various propellants and "can often be used as a drop in replacement for many traditional solvents." 

### !d. (citation omitted). Producers may also refonnulate these products byusing acetone, an exempt solvent. 

### !d. To replace the use methylene chloride, manufacturers mayrelyupon a combination ofethyl lactate, methyl esters, and LVP-VOM solvents. 

### !d. at VI-67. Floor or Wall Covering Adhesive Remover Reformulation ofproducts in this subcategory may include the use ofwater emulsions, LVP-VOM solvents, orexempt orinorganic ingredients. ISOR at VI-67. Increasing water or acetone content is expected because it is a relatively inexpensive option. 

### !d. In this subcategory, it may become necessary to add inorganic ingredients such as wax, fonnic acid, orpotassium hydroxide "to aid in product penetration or lifting ofthe adhesive." 

### !d. Also, "[a]erosol products may reformulate using carbon dioxide." 

### !d. General Purpose Adhesive Remover Based on the VOM content limits proposed for this subcategory, these products are expected to contain up to 20 percent VOMhydrocarbon solvents, glycol ethers, 2-butoxyethanol, orbio-solvents. ISOR at VI-67. LVP-VOMs, soymethyl ethers, L VP-glycol ethers, LVPhydrocarbon solvents, and water emulsions may comprisethe remainder ofthe formulations. 

### !d. In addition, "inorganic ingredients or surfactants maybe required to enhanceproduct performance." 

### !d. Aerosol products in this subcategorymayuse carbon dioxide orhydrocarbon propellants. ld.29 Special Purpose Adhesive Remover This subcategoryposes the challenge ofremoving adhesives without damaging painted surfaces. ISOR at VI-68. Although some ingredients used to reduce VOM content have been reported to damage surfaces, dibasic esters, LVP-VOM solvents, acetone, and low concentrations ofinorganics "canbe used on painted surfaces without causing damage." Jd. Nonetheless, VOMingredients are likely to comprise a large part ofthe formulation ofthese products. 

### !d. However, a number ofreformulation options blend well withtraditional solvents and have provento be effective in removing various adhesives. Jd. Watermaybe a suitable element in some formulations, but some adhesives cure whenexposed to water. 

### Id. Gasket ofThread Locking Adhesive Remover As a result ofthe proposedprohibitiononthe use ofchlorinated solvents in this category, VOM emissions are likely to increase slightly in this subcategory. ISOR at VI-65 n.J (Table VI2). To replace theuse ofsolvents such as methylene chloride, reformulations may rely on xylenes or similar aromatics, as well as blends ofethyl lactate and soy methyl ethers. ISOR at VI-68. Aerosol products in this subcategory are likely to continue to employ hydrocarbon propellants. 

### !d. Hydrocarbons canbe formulated to a range ofpressures, which is significantto an application in which the force ofaerosol delivery increases product penetration ofthe adhesive. 

### !d. Products in this subcategory may also include otheringredients including dibasic esters, LVP-VOMhydrocarbon solvents, acetone and exemptingredients including wax, formic acid, and surfactants. 

### !d. Anti-Static Products TheAgencyproposes only a VOM contentlimit of II percent for non-aerosol products in this category. Prop. at 29; 

### see Model Rule at 21 (same). CARB reported in 2004 that all nonaerosol products complied with the proposed limit, making reformulation unnecessary. ISOR at Vl-74. Establishingthis cap, however, will preventmanufacturers from employinghigher amounts ofVOM in the future. ISOR at VI-75. Non-aerosolproducts are able to use low-VOM formulations "becausethey are typically not used on clothing, which not onlyneeds a fast dry time but needs to benon-staining to be effective." 

### !d. Aerosol productspose the challenge ofbalancing VOM content withissues such as drying time, staining, and prevention ofstatic charges. ISOR at Vl-74. Additional water could extend drying time or affect types ofsurfaces on which a product can be used. 

### !d. (citation omitted). Exempt compounds such as acetone may damage substrates such as fabric. 

### !d. LVPVOM may causeresidue, odor, and slow drying times. 

### I d. While some ofthese difficulties may bemitigated byparticularpropellants 

### (id.), the Agencyhas notproposed a YOM content limit for aerosol formulations in this product category. 

### See Prop. at 29; Model Rule at 29. Contact Adhesives The Agency's proposal for this product categoryincludesbothVOM content limits in Section 223.205 and aprohibition onthe use ofsolvents including methylene chloride in Section30

223.211. Prop. at 28, 35; see lSOR YI-80- YI-81. In addition, because ofthe difficulty of distinguishing subcategories ofthese products, existingregulations apply additional labeling requirements to adhesive removers. ISOR at YI-83; see 35 Ill. Adm. Code 223.265. For each product, manufacturers and responsible parties must clearly display the category to which the productbelongs and the applicable YOM standard. 35 Ill. Adm. Code 223.265(a); seeModel Rule at 28; ISOR at YI-83. The Agencyproposes a YOM content limit of80 percent for special purpose contact adhesives. Prop. at 29; see Model Rule at 21. CARB determined that all products in this subcategory complied with the limit and that no emission reductions would result from it. ISOR at YI-82 (Table YI-6: Contact Adhesive Proposal). The Agency does not project emission reductions from special purpose contact adhesives. TSD at 18; see ISOR at IX-211 n.4 (noting existing limit applied to new subcategory). The Agency proposes a YOM content limit of55 percent for general purpose contact adhesives. Prop. at 29; see Model Rule at 21. CARE determined that 80 percent ofproducts in this subcategory complied with the proposed limit. ISOR at Yl-82. Consequently, CARE expected that products would require little, ifany, reformulation. 

### I d. at YI-81. Low-YOM solvent-based contact adhesives typically would employ either exempt solvents such as acetone orchlorinated solvents. Id. at YI-80. However, acetone may harm some substrates and can subjectproducts to the requirements ofthe Federal Hazardous Substances Act. Id., citing 16 C.F.R. 1302 (Ban ofExtremelyFlammable ContactAdhesives). Inaddition, the Agencyhas proposed to prohibituse ofchlorinated solvents in this product category. Prop. at 35 (proposed Section 223.211 (a)). Furthermore, manufacturers have indicated that water-based solvents may corrode some substrates and are not satisfactory for retail orhouseholduses. ISOR at YI-81. CARE characterized the proposed 

### 55 percent YOM limit as a cap on current content. 

### Id. at YI82. Electrical Cleaner The Agency's proposal for this productcategoryincludes both YOM content limits in Section 223.205 and aprohibition on the use ofsolvents including methylene chloride in Section 223.211. Prop. at 30, 35; see ISOR YI-93- YI-94. In addition, because ofthe difficulty of distinguishing subcategories ofthese products, existing regulations apply additional labeling requirements to adhesive removers. ISOR at YI-93; see 35 Ill. Adm. Code 223.265. Foreach product, manufacturers and responsible parties must clearly display the categoryto which the product belongs and the applicable YOM standard. 35 Ill. Adm. Code 223.265(a); see Model Rule at 28-29; ISOR at YI-93

- YI-94. The YOM content limit of45 percentproposed for this category "is designed to be consistent with that of'General Purpose Degreaser' (aerosol) as well as 'Engine Degreaser.'" ISOR at YI-91. Reformulation ofproducts in the categorymay rely upon water, acetone, other exemptYOMs, and LYP-YOM. ld.31

Electronic Cleaner The Agency'sproposal for this product categoryincludesboth VOM content limits in Section 223.205 and aprohibition on the use ofsolvents including methylene chloride in Section 223.211. Prop. at 30, 35; see ISOR VI-93- VI-94. In addition, because ofthe difficulty of distinguishing subcategories ofthese products, existing regulations apply additional labeling requirements to adhesive removers. ISOR at Vl-93; 

### see 35 Ill. Adm. Code 223.265. Foreach product, manufacturers and responsible parties must clearly display the categoryto which the productbelongs and the applicable VOM standard. 35 ill. Adm. Code 223.265(a); see Model Rule at 28; ISOR at VI-93. The VOM content limit of75 percentproposed for this category allows continued use of alcohol. ISOR at VI-91. Generally, it is necessary for these cleaners to dry rapidly without leaving a residue or damaging the substrate. 

### !d. Other than alcohol, few VOM alternatives satisfy these requirements. Jd. While CARB determined that a majority ofproducts in this category complied with the proposed limit, many used solvents such as HCFC-141b, use of which is beingphased out. 

### !d. Consequently, the proposed limit allows for the use ofother technologies as it is replaced. 

### !d. Because ofthe risk ofdamage to substrates, products in this category do not rely on chlorinated solvents. 

### !d. Fabric Refresher Foraerosol fabric refreshers, the main ingredients are water, fragrance, hydrocarbon propellant, and inorganic compounds. ISOR at VI-99. To the extent that they contain emulsifiers, which allow fragrances to be discharged with water from a container, those usually are LVP-VOMs. 

### !d. In any reformulation ofthese products, hydrocarbon propellants are likely to bereplaced ormixed with a non-VOMpropellant such as HFC-152a. Jd. "A manufacturer may also considerreformulating double-phase aerosol product through the use ofhigh vapor pressurepropellant" and exempt VOM solvent. 

### !d. citation omitted). CARB determined that nearly all non-aerosol products in this category comply withthe proposed VOM content limits ofsix percent. ISOR at VI-98 (Table VI-I0: Fabric Refresher Proposal). Nonetheless, CARB did not propose a lowerlimitbecause ofan existing patent held by Proctor & Gamble. 

### !d. (referring to U.S. Patent 6,077,318, Method ofusing a composition for reducing malodor impression, June 20. 2000). Fornon-aerosols, refonnulation generally would replace orreduce alcohol contentby increasing watercontent. 

### !d. Theproposed limit of six percent VOM content would allow a sufficient amount ofVOM "to bepresent for effective solubilization ofthe fragrance compounds and satisfactory drying time." 

### !d. at VI-99. Footwear or Leather Care Product Aerosols The VOM content limit of75 percentproposed for this subcategory "is expected to mainly affect cleaners for suede and nubuck." ISOR at VI-105. Reformulation may involve substitution ofhydrocarbon propellants with exemptpropellants orblends ofthe two. 

### I d. Use of32

carbon dioxide propellant would still require additional reformulation, which might include substitution orpartial substitution ofhydrocarbon solvents with exempt solvents such as acetone orvolatile methylated siloxanes. !d.

The YOM content limit of55 percentproposed for this subcategory "is expected mainly to affect hard-paste shoe polishes." ISOR at VI-I 05. Because these products maybe sold in a range ofcolors, "each colored product mayneed individual reformulation." !d. (citation omitted). Refommlation may include substitution ofpetroleum distillate solvents with LVPVOM solvents, exempt solvents, or combinations ofthe two. !d. All Other Forms Forhigh-VOM liquidproducts such as dyes, the ingredients may include alcohol and hydrocarbon orother solvents. lOR at VI-I06. "Onereformulation approach is to convert to water-based orpigment dye formulations." !d. For semi-solids such as shoe creams, reformulation may include substitution ofpetroleum distillate solvents with LVP-VOM solvents, exempt solvents, or a combination ofthe two. ISOR at VI-I06. Because these products maybe sold in a range ofcolors, "each coloredproduct may need individual reformulation." !d. Graffiti Remover The Agency's proposal for this product category includes both YOM content limits in Section 223.205 and a prohibition onthe use ofsolvents including methylene chloride in Section 223.211. Prop. at 302 35; see ISORVI-112. CARB determined that, in this product category, "[m]any alternatives exist that do notuse perchloroethylene, methylene chloride, or trichloroethylene." ISOR at VI-112. Both aerosol and non-aerosol products are expected to complywith proposed YOM content limits by employing LVP-VOMs or exemptVOMs such as acetone. ISOR at VI-112. CARB cites research concluding that alternatives are as effective as VOM-based products in removing graffiti from various surfaces. !d. (citation omitted). Where alternative products leave a residue, labels can instruct users to rinse the surface with water. !d. Hair Stvling Product CARB determined that, in this product category, 62 percent ofthe market complied with the proposed limit for aerosols and pump sprays, and 93 percent ofthe market complied with the proposed standard for all otherforms. ISOR at VI-116 (Table Vl-16: Hair Styling Product Proposal). Manufacturers reported that, "besides the alcohol needed to keep alcohol based resins in solution, additional alcohol for drying should not benecessary in stylingproducts used in wet or damp hairpriorto styling." !d. at VI-117. CARB found that compliantproducts "containthe same marketing language, directions and claims" as products withhigher YOM content. !d. In33
addition, products combining styling and finishing functions wouldbe subject to thehigher YOM content limit applicable to hairspray. !d. Finally, because the six percent limit proposed for aerosol and pump sprayproducts already applies to hair mousses (35 Ill. Adm. Code 223.205(a)(27)), compliant technology may betransferred from that product category. See ISOR at YI-117. Shaving Gel CARB determined that products in this category were able to comply with the Agency's proposed YOM content limit ofsevenpercent "byusing slightlylower amounts ofhydrocarbon propellants," whether as driving propellants or as blowing agents. ISOR at YI-122. Compliance options also include compressed gas or compressed air propellants, blends ofYOM and nonYOM propellants, self-pressurized containers, or combinations ofthese options. 

### Id. at YI-123. Manufacturers reported propellant leakage through a bottom plug or grommet accounts for someuse ofdriving propellant. 1SOR at Y1-123. "[O]verfill ofdriving propellant is used to ensure there is enough propellant to emptythe container." 

### I d. Manufacturers maybe able to reduce this overfill by improving grommets to reduce leakage orby using "top-filling, bag-in-can technologies."

### Jd. In addition, existing barrier-pack systems use compressed gasses or compressed air as driving propellants. 

### I d. (citation omitted). Piston systems can also be adapted to these propellants. See id. (citation omitted). Self-pressurized containers also exist. Because no driving propellant is necessary to dispense the shaving gel, these systems may allow manufacturers to limit the YOM content oftheir products to blowing agents. 

### I d. Wood Cleaner CARB determined that, for liquid products in this category, 90 percent ofthe market complied withthe proposed YOM content limit. ISOR at Y1-141 (Table YI-22: Wood Cleaner Proposal). Deckwashes and otheroutdoorproducts account for a large proportion ofthese liquids. 

### I d. The force ofa sprayer orwaterhose helps make some ofthese outdoorproducts more effective. Id. Products used indoor, however, require a higher YOM content in orderto be effective. 

### Jd. CARB reported that "[t]here are no complying aerosol products." 

### Id. Inthis product category, reformulation options includeuseofwater, and "[t]he majority ofthe products in this category are water-based." ISOR at YI-142. Other options include ths use ofL YP-YOM hydrocarbon solvents, glycol ethers, and dibasic esters. 

### Id. at YI-141. These alternatives provide adequate solvency, as drying time is not a factor. 

### I d. "Because the product is normally wiped with some form ofcloth or sponge orrinsed withwater after usage, slow evaporation and slightresidue shouldnot be an issue in this category." 

### Jd. Board Discussion ofTechnical Feasibility As noted above, the Agency claimed that itsproposal is technically feasible by stating that "theproposed emission limits are already in place in California, the OTC states," and also in Indiana, Michigan, and Ohio. TSD at 8, 13, 14. The Agency elaboratedthat, because of adoption in thesejurisdictions accounting for nearly halfofthe U.S. population, "compliant34 products in all categories are widely available

...." TSD at 13; see SR at 5; Davis Test. at 3. The Agency claimed that many products sold in Illinois comply with the proposed VOM limits because manufacturers formulate and manufacture a single product in order to sell iton a national basis. TSD at 13; see SRat 5. As further support for its claim offeasibility, the Agency relied on technical support preparedbyCARE for recent amendments to California's rules. SR at 5; see ISOR at III-12

- III-13, VI-58

- VI-142. The Board finds that the record does not persuasively challenge the Agency's position that its proposal is technically feasible. Adoption ofsimilarregulations in otherjurisdictions and availability ofcompliant products there lend supportto this position. CARE's analysis, which is referenced 

### in the preceding subsections ofthis opinion, also generally corroborates the Agency's claim. The Board finds that the proposal is technically feasible andproceeds below to examine the record withregard to economic reasonableness. ECONOMIC REASONABLENESS AND COST EFFECTIVENESS Generally The Agency expresses the beliefthat its proposed rules are economicallyreasonable. SR at 5. The Agency states that "technology for controllingVOM emissions from consumer products and aerosol products is largely developed orbeing developed." !d.; see TSD at 13, 19. The Agency supports its claim ofeconomicreasonableness by stating that "theproposed emission limits are already in place in California, the OTC states," and in Indiana, Michigan, and Ohio. TSD at 8, 13, 14. The Agency elaboratesthat, because ofadoption in thesejurisdictions accounting for nearly halfofthe U.S. population, "compliantproducts in all categories are widely available

...." TSD at 13; see SRat 5; TSD at 19; Davis Test. at 3. The Agency claims that many products sold in Illinois already complywith the proposed VOM content limits. TSD at 13; SR at 5. The Agency attributes this to "national and regional manufacturers ofthese products making a one-time change to the products in orderto becompliantwith the most stringent rules in the country and selling the same productnationally." TSD at 13; see SR at 5; Tr.l at 11-12. As further support for its claim ofeconomic reasonableness, the Agencyrelied on research conducted by CARE on the estimated impact ofrecent amendments to California's rules on affected businesses. SRat 5; seeTSD at 15 (Table 3: Estimated Total Costs to Businesses Annually); seealso ISOR at I-21

- 1-23, VIII-174

- VII-206. These impacts include "annualized non-recurring costs and annual recurring costs." SR at 5; see TSD at 15. The Agency notes CARE's 2004 estimate "thatthe proposed limits would cost between $4,020 and $4,680 pertonofVOMreduced." SRat 6, citing TSD at 17; see ISOR at VIII-193 (Table VIII6: Comparison ofCost-Effectiveness for ARB ConsumerProductRegulations/Measures (adjusted to 2003 dollars)). Because these amendments have taken effect, the Agency claims that "a significant portion ofbusiness impactto manufacturers ofthe affected products may have alreadybeenrealized in Illinois." SR at 6; TSD at 15; see Davis Test. at 3. Based onthese costs, the Agency also estimated per-unit cost increasesbyproductcategory. SRat 6; see TSD at 16 (Table 4: Estimated Per-Unit Cost Increases from ProposedLimits); ISOR at VIII-202; TSD, Appendix E (Summary ofCost Calculations).35

The Agency's proposal included an analysis ofthe economic and budgetary effects ofits rulemaking projecting a total statewide cost of$1,600,000. The Agency attributed these costs to changing the formulation orpackaging ofva1ious products. The Agency again suggested that manufacturers may already have incurred these costs. TheAgencyindicated that its projected total costmay be high because changes in many cases will not be necessary. TheAgency's analysis added that itsproposal would have little effect on administrative costs because newlyregulated product categories will be handled through existing proceduresunderPart 223. The Agency concludes that its proposal is "a cost effective measure for the reduction of YOM emissions in Illinois." TSD at 17; 

### see SR at 6. In the following subsection ofits opinion, the Board for each product category addresses the economic reasonableness ofthe Agency's proposal. Adhesive Removers The Agency estimated the total annual costs ofcomplying with the proposed regulations, including annualized non-recurring costs and annual recuning costs, for a typical business in the product category ofadhesive removers. TSD at 15; 

### see ISOR at Vlll-181 (Table VIII-2). In the subcategory ofgasket orthread locking adhesive removers, the Agency estimated a low cost of $3,942, a mid cost of$!0,212, and a high cost of$16,483. TSD at 15; ISOR at VIII-181. In the subcategory offloor or wall covering adhesive remover, the Agency estimated a low cost of $4,085, a mid cost of$15,353, and a high cost of$26,622. TSD at 15; ISOR at VIII-181. In the subcategory ofgeneral purpose adhesive remover, the Agency estimated a low cost of$4,192, a mid cost of$12,663, and a high cost of$21,134. TSD at 15; ISOR at VJJI-181. Finally, in the subcategory ofspecialty adhesive removers, the Agencyestimated a low cost of$4,204, a mid cost of$18,047, and a high cost of$31,890. TSD at 15; ISOR at VIII-181. The Agency also estimated aper-unitcost increase for the adhesive remover product categorybased on annualized non-recurring costs and annual recurring costs. TSD at 16; ISOR at VJJI-202. Forthe subcategory ofgasket orthread locking adhesive removers and based on a typical unit weight of 18.00 ounces, the Agency estimated a low total increaseperunit of$0.84, a midtotal increaseperunit of$0.95, and a high total increaseperunit of$1.07. TSD at 16; ISOR at VIII-202. Forthe subcategory offloor orwall covering adhesive removers and based on a typical unit weight ofI00.00 ounces, the Agency estimated a low total increaseperunit of $0.03, a mid total increase perunit of$0.74, and a high total increase perunit of$1.46. TSD at 16; ISOR at VIII-202. Forthe subcategory ofgeneral purpose adhesive removers and based on a typical unit weight of9.00 ounces, the Agency estimated a low total increase perunit of$0.22, a mid total increase perunit of$0.17, and a high total increase per unit of$0.11.5 TSD at 16; ISOR at VIII-202. Forthe subcategory ofspecialty adhesiveremovers and based on a typical unit weight of18.00 ounces, the Agency estimated a low total increase perunit of$0.37, a mid

5 Basedon annualized nonrecurring low cost perunit of$0.03, CARB projected annual recurring low cost per unit of$0.19. Based on annualized nonrecurring high costperunit of $0.11, CARB projected annual recurring high cost perunit of$0.00. ISOR at Vlll-202; TSD at 16.36

total increase per unit of$0.22, and a high total increase per unit of$0.07. 6 TSD at 16; ISOR at VIII-202. Anti-Static Products Fornon-aerosol products in the anti-static product category, neither CARB nor the Agency estimated the total annual costs ofcomplying with the proposed regulations. TSD at 15; JSOR at Vlll-181. CARB reported that its market survey determined that 100 percent of products complied with the proposed standard. ISOR at VIII-181. Fornon-aerosol products in the anti-static product category, neither CARB northe Agency estimated atotal per-unit cost increase. TSD at 16; ISOR at VIII-202. CARB reported that that its market survey determined that all products in the market comply with the proposed limit and that no reformulation ofthem would be necessary. ISOR at VIII-202. Contact Adhesives The Agency estimated the total annual costs ofcomplying with the proposed regulations, including annualized non-recurring costs and annual recurring costs, for a typical business in the product category ofcontact adhesives. TSD at 15; see ISOR at VIII-181. In the subcategory of general purpose contact adhesives, the Agency estimated a low cost of$1,669, a mid cost of $1,713, and a high cost of$1,757. TSD at 15; ISOR at Vlll-181. Inthe subcategory ofspecial purpose adhesives, the Agency estimated a low cost of$487, a mid cost of$1,492, and ahigh cost of$2,498. TSD at 15; ISOR at Vlll-181. The Agency also estimated a per-unit cost increase for the contact adhesive product category based on annualized non-recurring costs and annual recurring costs. TSD at 16; ISOR at VIII-202. Forthe subcategory ofgeneral purpose contact adhesives and based on a typical unit weight of4.32 ounces, the Agency estimated a low total increase per unit of$0.05, a mid total increase perunit of$0.06, and a high increase perunit of$0.07. TSD at 16; JSOR at Ylll202. Forthe subcategory ofspecial purpose contact adhesives and based on a typical unit weight of 13.84 ounces, the Agency estimated a low total increase per unit of$0.00, a mid total increase per unit of$0.01, and a high total increaseperunit of$0.01. TSD at 16; ISOR at VIII-202. Electrical Cleaner The Agency estimated the total annual costs ofcomplying with the proposed regulations, including annualized non-recurring costs and annual recurring costs, for a typical business in the product category ofelectrical cleaner. TSD at 15; JSOR at VIII-181. The Agency estimated a low cost of$8,191, a mid cost of$9,319, and a high cost of$10,449. TSD at 15; ISOR at VIIIlSI.

6 Based on annualized nonrecurring low costperunit of$0.02, CARB projected annual recurring low costperunit of$0.35. Based on annualized nonrecurring high cost per unit of $0.07, CARB projected annual recurring high cost per unit of$0.00. JSOR at VIII-202; TSD at 16.37

The Agency also estimated a per-unitcost increase for the electrical cleanerproduct categorybased on annualized non-recurring costs and annual recurring costs. TSD at 16; ISOR at VIII-202. Based on a typical unit weight of 12.00 ounces, the Agency estimated a low total increase perunit of$0.03, a mid total increaseperunit of$0.04, and a high total increase perunit of$0.04. TSD at 16; ISOR at VIII-202. Electronic Cleaner The Agency estimated the total annual costs ofcomplying with the proposed regulations, including annualized non-recurring costs and atmual recurring costs, for a typical business in the product category ofelectronic cleaner. TSD at 15; ISOR at VIII-I 81. The Agency estimated a low cost of$7,321, a mid cost of$17,637, and a high cost of$27,953. TSD at 15; ISOR at VIIII81. The Agency also estimated a per-unit cost increase for the electronic cleanerproduct categorybased on annualized non-recurring costs and annual recurring costs. TSD at 16; ISOR at VIII-202. Based on a typical unit weight of 12.00 ounces, the Agency estimated a low total increaseperunit of$0.08, a midtotal increaseper unit of$0.19, and a high total increase perunit of$0.30. TSD at 16; ISOR at VIII-202. Fabric Refresher The Agency estimated the total annual costs ofcomplying with the proposed regulations, including annualized non-recurring costs and annual recurring costs, for a typical business in the product category offabric refresher. TSD at 15; lSOR at VIII-181. Forthe aerosol product form, the Agency estimated a low cost of$5,743, a mid cost of$11,226, and a high cost of $16,708. TSD at 15; ISOR at VIII-181. Forthe non-aerosol product form, the Agency estimated a low cost of$5,743, a mid cost of$7,049, and a high cost of$8,354. TSD at 15; ISOR at VIII181. The Agency also estimated a per-unit cost increase for the fabric refresher product category based on annualized non-recurring costs and annual recurring costs. TSD at 16; ISOR at VIII-202. Forthe aerosol product form and based on a typical unit weight of 14.00 ounces, the Agency estimated a low total increase perunit of$0.17, a mid total increase perunit of $0.17, and a high increase perunit of$0.16. TSD at 16; ISOR at VIII-202. For the non-aerosol product form and based on a typical unit weight of32.00 ounces, the Agency estimated a low total increase perunit of$0.03, a mid total increaseperunit of$0.04, and a hightotal increase perunit of$0.05. TSD at 16; ISOR atVIII-202. Footwear orLeather Care Product The Agency estimated the total annual costs ofcomplying with the proposed regulations, including annualized non-recurring costs and annual recurring costs, for a typical business in the footwear orleathercare product category. TSD at 15; ISOR at VIII-181. Forthe aerosol product form, the Agency estimated a low cost of$3,542, a mid cost of$6,435, and a high cost38

of$9,329. TSD at 15; lSORat VIII-181. Forthe solid product form, the Agency estimated a low cost of$3,048, a mid cost of$5,241, and a high cost of$7,434. TSD at 15; lSOR at VIII181. For all otherproductforms, the Agency estimated a low cost of$6,080, a mid cost of $11,055, and a high cost of$16,030. TSD at 15; ISOR at VIII-181. The Agency also estimated aper-unit cost increase for the footwear or leather care product category based on annualized non-recurring costs and annual recurring costs. TSD at 16; ISOR at VIII-202. For the aerosol product form and based on a typical unit weight of4.25 ounces, the Agency estimated a low total increase per unit of$0.03, a mid total increase per unit of$0.05, and a high increaseperunit of$0.07. TSD at 16; ISOR at VIII-202. For the solid product form and based on a typical unit weight of 1.13 ounces, the Agency estimated a low total increaseperunit of$0.00, a mid total increase perunit of$0.00, and a high total increase perunit of$0.00. TSD at 16; ISOR at VIII-202. Forall otherproduct forms, the Agency estimated a low total increase per unit of$0.02, a mid total increase perunit of$0.04, and a high total increase per unit of$0.06. TSD at 16; ISOR at VIII-202. Graffiti Remover The Agency estimated the total annual costs ofcomplying with the proposed regulations, including annualized non-recurring costs and annual recurring costs, for a typical business in the graffiti remover product category. TSD at 15; ISOR at VIII-181. Forthe aerosol product form, the Agency estimated a low cost of$4,783, a mid cost of$11,472, and a high cost of$18,160. TSD at 15; ISOR at VIII-181. Forthe non-aerosol product form, the Agency estimated a low cost of$3,236, a mid cost of$6,767, and a high cost of$10,297. TSD at 15; ISOR at VIII-181. The Agency also estimated a per-unitcost increase for the graffiti remover product categorybased on annualized non-recurring costs and annual recurring costs. TSD at 16; ISOR at Vlll-202. Forthe aerosol product form and based on a typical unit weight of 17.00 ounces, the Agency estimated a low total increase per unit of$0.15, a mid total increase perunit of $0.31, and a high total increase perunit of$0.46. TSD at 16; ISOR at VIII-202. Forthe nonaerosol product form and based on a typical unit weight of 128.75 ounces, the Agency estimated a low total increase perunit of$0.64, a mid total increase perunit of$1.33, and a high total increase perunit of$2.03. TSD at 16; ISOR at VIII-202. Hair Styling Product The Agency estimated the total annual costs ofcomplying with the proposedregulations, including annualized non-recurring costs and annual recurring costs, for a typical business in the hair stylingproduct category. TSD at 15; ISOR at VIII-181. Forthe aerosol and pump spray product fonns, the Agency estimated a low cost of$3,225, a mid cost of$5,554, and a high cost of$7,883. TSD at 15; ISOR at VIII-181. For all otherproduct forms, the Agency estimated a low cost of$6,730, a mid cost of$11,591, and a high cost of$16,452. TSD at 15; ISOR at VIII181. The Agency also estimated a per-unit cost increase for the hair styling product category based on annualized non-recurring costs and annual recurring costs. TSD at 16; ISOR at VIII-39

202. Forthe aerosol and pump sprayproduct forms and based on a typical unit weight of 14.50 ounces, the Agency estimated a low total increase per unit of$0.03, a mid total increase per unit of$0.05, and a high total increase per unit of$0.07. TSD at 16; ISOR at Vlll-202. For all other product forms and based on a typical unit weight of 12.00 ounces, the Agency estimated a low total increase per unit of$0.00, a mid total increaseperunit of$0.00, and a high total increase perunit of$0.00. TSD at 16; ISOR at VIII-202. Shaving Gel The Agency estimated the total annual costs ofcomplying with the proposed regulations, including annualized non-recurring costs and annual recurring costs, for a typical business in the shaving gel productcategory. TSD at 15; ISOR at VIII-181. TheAgency estimated a low cost of$7,740, a mid cost of$19,779, and a high cost of$31,819. TSD at 15; ISOR at VIII-181. The Agency also estimated a per-unit cost increase for the shaving gel product category based on annualized non-recurring costs and annual recurring costs. TSD at 16; ISOR at VIII202. Based on a typical unit weight of7.00 ounces, the Agency estimated a low total increase per unit of$0.00, a mid total increaseperunit of$0.00, and a high increase perunit of$0.00. TSD at 16; JSOR at VIII-202. Wood Cleaner The Agency estimated the total annual costs ofcomplying withthe proposed regulations, including annualized non-recurring costs and annual recurring costs, for a typical business in the wood cleanerproduct category. TSD at 15; ISOR at Vlll-181. For the aerosol productform, the Agency estimated a low cost of$2,234, a mid costof$4,163, and a high cost of$6,092. Forthe non-aerosol product form, the Agency estimated a low cost of$1,624, a mid cost of$2,953, and a high cost of$4,283. TSD at 15; ISOR at VIII-181. The Agency also estimated a per-unit cost increase for the wood cleanerproduct category based on annualized non-recurring costs and annual recurring costs. TSD at 16; ISOR at Vlll202. Forthe aerosol product form and based on a typical unit weight of 12."00 ounces, the Agency estimated a low total increaseperunit of$0.01, amid total increase perunit of$0.01, and a high total increaseperunit of$0.02. TSD at 16; ISOR at VIII-202. Forthe non-aerosol productcategory and based on a typical unit weight of 135.98 ounces, the Agency estimated a low total increaseperunit of$0.11, a mid total increase perunit of$0.20, and a high total increaseperunit of$0.28. TSD at 16; ISOR at VIII-202. Board Discussion ofEconomic Reasonableness As noted above, the Agencyhas argued that its proposed rules are economically reasonable. SR at 5. The Agency supported its claim by stating that California, the OTC states, Indiana, Michigan, and Ohio have adopted these limits. TSD at 8, 13, 14. Because ofthis widespread adoption, the Agency claimed that manyproducts sold in illinois already comply with the proposed YOM content limits. TSD at 13; SR at 5. The Agency attributed this to the40

formulation and manufacturing ofsingle products for national sales. TSD at 13; see SR at 5; Tr.l at 11-12. As further support for its claim ofeconomic reasonableness, the Agency relied on research conducted by CARB onthe estimated impact ofrecent amendments to California's rules on affected businesses. SR at 5; seeTSD at 15 (Table 3: Estimated Total Costs to Businesses Annually); seealso ISOR at I-21

- I-23, VIII-174- VII-206. The Agency noted CARB's 2004 estimate "that the proposed limits would cost between $4,020 and $4,680 perton ofVOM reduced." SR at 6, citing TSD at 17; see ISOR at VIII-193 (Table VIII-6: Comparison ofCost-Effectiveness for ARB ConsumerProduct Regulations/Measures (adjusted to 2003 dollars)). Because these amendments have taken effect, the Agency claims that "a significant portion ofbusiness impact to manufacturers ofthe affected products mayhave already been realized in Illinois." SR at 6; TSD at 15; see Davis Test. at 3. The Agency'sproposal projected a total statewide cost of$1,600,000 attributable to changing the formulation orpackaging of various products. The Agency again suggested that manufacturers may already have incurred these costs. The Board finds that the record does not persuasively dispute the Agency's position that its proposal is economically reasonable. This position is supported by the adoption ofsimilar regulations in otherjurisdictions and the availability ofcompliantproducts there. CARB's analysis, which is referenced in the preceding subsections ofthis opinion, also lends general support to the Agency's claim. The Board finds that the proposal is economicallyreasonable and proceeds below to summarize its first-notice proposal on a section-by-sectionbasis. SECTION-BY-SECTION SUMMARY OF RECORD ON BOARD'S FIRST-NOTICE PROPOSAL SubpartB: Consumer and Commercial Products Section 223.201: Applicability Section 223.201 now provides in its entirety that, "[e]xcept as provided in Section 223.230, this Subpart shall apply to any person who sells, supplies, offers for sale, or manufactures consumerproducts on or after July I, 2009, for use in Illinois." 35 Ill. Adm. Code 223.201; see 35 Ill. Adm. Code 223.230 (Exemptions); SR at 7. 

### In its original proposal, the Agency sought to amend this section to provide in its entirety that, "(e]xcept 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 I, 2009, for use in Illinois." Prop. at 2. The Agency also proposed to add to Section 223.205(a) VOM content limits with an effective date ofJuly I, 2012, for a number ofnew categories ofconsumerproducts. SR at 7; see Prop. at 28-34; infi·a at_-_ (summarizing proposed limits). The Agency'sproposal re-organizes Section 223.205(a) as a table with one column setting an effective date ofJuly I, 2009, for product categories regulated by the existing rule and a second column setting an effective date ofJuly I, 2012, for product categories added bythe currentproposal. See Prop. at 28-34. The Agency sought to refer to another specified41

date in this section in orderto clarify that the limits added bythis proposal applied only on and after July I, 2012. See Prop. at 28-34. The Board finds that this amendment clarifies the proposal adding an effective date of July I, 2012, for specifiedproduct categories. The Board includes this amendment in its order below. Section 223.203: Definitions for SubpartB Section 223.203 provides definitions applicable to the provisions ofSubpart B. 35 

### Ill. Adm. Code 223.203. The Agency's original proposal amended several definitions. E.g. Prop. at 9 ("Deodorant"), 19 ("Metal Polish/Cleanser"); see SR at 7. The Agency also sought to add a definition of"Vinyi/Fabric/Leather/Polycarbonate Coating" providingthat the term "means a coating designed and labeled exclusivelyto coat vinyl, fabric, leather, orpolycarbonate substrates." Prop. at 26; see Model Rule at 19 (same). Section 223.203 defmes "existing product" as "any formulation ofthe sameproduct category and form sold, supplied, manufactured, oroffered for sale in Illinois priorto July I, 2009, orany subsequently introduced identical formulation." 35 Ill. Adm. Code 223.203. During the second hearing, CSPA proposed to amend this defmition, noting that the date ofJuly I, 2009, refers to "the effective date ofthe original regulation" and not to the effective date ofthe Agency's proposed amendments. Tr.2 at 7-8. CSPA proposed to replace "July I, 2009" with the following language: "the effective date in Section 223.205." Tr. 2 at 8. The Agency's proposal re-organizes Section 223.205(a) as a table with one column setting an effective date ofJuly I, 2009, for product categoriesregulated by the existing rule and a second column setting an effective date ofJuly I, 2012, for product categories added by the currentproposal. See Prop. at 28-34. CSPA argues that this proposed revision "resolves the problem with citing an inoperative date and would instead refer to a more appropriate date for the new regulations that will be taking effect.

..." Tr.2 at 8. The Board concurs in each ofthese proposed amendmentsto Section 223.203, which are reflected in its orderbelow. Specifically, the Board finds that record includes no facts or arguments opposing the proposed revision ofthe definition of"existingproduct." The Board concludes that this revisions clarifies a term applicable to a range ofproduct categories for which the YOM limits do nothave a single effective date. Section 223.205: Standards The introductorylanguage to subsection (a) provides in its entiretythat, "(e]xcept as provided in Section 223.207, 223.230, 223.240, or 223.245, no person shall sell, supply, offer for sale, ormanufacture for salein Illinois any consumerproduct manufactured on or after July I, 2009, that contains VOMs in excess ofthe limits specified in this subsection." 35 Ill. Adm. Code 223.205(a); see 35 ill. Adm. Code223.207 (Products Registered under FIFRA [Federal Insecticide, Fungicide, and Rodenticide Act]), 223.230 (Exemptions), 223.240 (Innovative Product Exemption), 223.245 (Alternative Compliance Plans). Section 223.205(a) now provides42

YOM content limits for 48 categories ofconsumerproducts. See 35 Ill. Adm. Code 223.205(a)(l)- (a)(48). The Agencyproposed to amend this introductory languageto provide in its entirety that, "[e]xcept as provided in Section 223.207,223.230,223.240, or223.245, no person shall sell, supply, offerfor sale, or manufacture for sale in Illinois any consumerproduct manufactured on or after the date specified below that contains YOMs in excess ofthe limits specified in this subsection." Prop. at 28; see SR at 7. The Agency notes that it proposed YOM content limits for anumber ofnew categories and an effective date ofJuly I, 2012, for them. SRat 7. The Agency sought to refer to "thedate specified" in order to clarifythat, while existing limits applied on and afterJuly I, 2009, newly-added limits apply only on and after July I, 2012. See Prop. at 28-34; see SR at 7. The Agency sought to effectuate these revisions by re-organizing Section 223.205(a) as a table with separate columns reflecting the two effective dates. See Prop. at 28-34. Below, the Board separately summarizes each category ofconsumerproducts addressed in the record. Current subsection (a)(l): Adhesives - Sprav. Section 223.205(a)(1) sets YOM limits for three subcategories of"Adhesives- Spray:" mist spray, web spray, and special purpose spray adhesives. 35 Ill. Adm. Code 223.205(a); see Yost Test. at 8. CSPA states that "theterm "adhesives

- spray" is "not defined in eitherthe current regulation orthe proposed revisions." YostTest. at 8. CSPA recommends that the Board instead employthe defined tenn "Aerosol Adhesives." !d. at I0; see 35 Ill. Adm. Code 223.205 (definitions). CSPA argues that this revision would makethe Board'sregulations consistent both with California's regulation and the Model Rule. Yost. Test. at 10, citing CAL. CODE REGS.

### tit. 17, 

### § 94509(a); Model Rule at 21 (Standards). During the second hearing, the Board noted that the definition of"aerosol adhesive" specifically excludes mist spray adhesives, web spray adhesives, and special purpose spray adhesives. Tr.2 at 17; see 35 Ill. Adm. Code 223.203. CSPA responded that it had suggested this revision to make Illinois' rule moreconsistentwiththose ofCalifornia and the OTC states. Tr.2 at 18. CSPA stated thatithad not intended to create any exclusion from the YOM limits for this category and that no problem would result from leaving the rule as it is now in effect. !d. Ultimately, Mr. Yost withdrew this recommendation. 

### Jd. at 18-19. Consequently, the Board does not include it in its orderbelow. Subsection (a)(l): Adhesive Removers. The Agency soughtto add a subsection (a)(!) establishing YOM content limits for four subcategories ofadhesive removers. Prop. at 28. Specifically, with an effective date ofJuly I, 2012, the Agencyproposedto limitthe "floor or wall covering" subcategoryto five percent YOM by weight, the "gasket orthread locking" subcategory to 50 percent YOM by weight, the "general purpose" subcategoryto 20 percent YOM by weight, and the "specialty" subcategoryto 70 percent YOM byweight. !d.; see 35 Ill. Adm. Code 223.203 (defining "adhesive remover" and subcategories); see also Model Rule at 21 (setting identical limits); ISOR at I-8.43

Subsection (a)(4): Adhesives-- Contact. The Agency sought to add a subsection (a)(4) establishing YOM content limits for two subcategories ofcontact adhesives. Prop. at 29. Specifically, with an effective date ofJuly I, 2012, the Agency proposed to limit the "general purpose" subcategoryto 55 percent YOM byweight and the "special purpose" subcategory" to 80 percent YOM byweight. !d.; 

### see 35 Ill. Adm. Code223.203 (defining "contact adhesivegeneral purpose" and "contact adhesive

- specialpurpose"); see also Model Rule at 21 (setting identical limits); ISOR at l-8. Subsection (a)(9): Anti-Static Product, Non-Aerosol. The Agency sought to add a subsection (a)(9) establishing a YOMcontent limitfor non-aerosol anti-staticproducts. Prop. at 29. Specifically, with an effective date ofJuly I, 2012, the Agencyproposed to limit the categoryto II percent YOMbyweight. !d.; 

### see 35 Ill. Adm. Code 223.203 (defining "anti-static product" and "non-aerosol product"); seealso Model Rule at 21 (setting identical limit); ISOR at I-8. Subsection (a)(22): Electrical Cleaner. The Agency sought to add a subsection (a)(22) establishing a YOM content limit for electrical cleaner. Prop. at 30. Specifically, with an effective date ofJuly I, 2012, the Agencyproposed to limitthe categoryto 45 percentYOM by weight. Id.; see 35 Ill. Adm. Code 223.203 (defining "electrical cleaner"); seealso Model Rule at 22 (setting identical limit); ISOR at I-8. Subsection (a)(23): Electronic Cleaner. The Agency sought to add a subsection (23) establishing a YOMcontent limit for electronic cleaner. Prop. at 30. Specifically, with an effective date ofJuly I, 2012, theAgencyproposed to limit the categoryto 75 percent YOM by weight. Jd.; see 35lll. Adm. Code 223.203 (defining "electronic cleaner"); see also Model Rule at 22 (setting identical limit); ISOR at l-8. Subsection (a)(26): Fabric Refresher. The Agency sought to add a subsection (26) establishing YOM content limits for two subcategories offabric refresher. Prop. at 31. Specifically, with an effective date ofJuly I, 2012, the Agency proposed to limitthe "aerosol'' subcategoryto 15 percent YOM byweight and the "non-aerosol" subcategory to six percent YOM byweight. Id.; see 35 ill. Adm. Code 223.203 (defining "fabricrefresher"); see also Model Rule at 22 (setting identical limits); ISOR at I-8. Subsection (a)(29): Footwear or Leather Care Products. The Agency sought to add a subsection (29) establishing YOM content limits for three subcategories offootwear orleather care products. Prop. at 31. Specifically, with an effective date ofJuly 1, 2012, theAgency proposedto limit the "aerosol" subcategory to 75 percent YOMby weight, the "solid" category to 55 percent YOM byweight and the "other forms" subcategory to 15 percentYOMby weight. Jd.; see 35 Ill. Adm. Code 223.203 (defining "footwearorleathercare product"); seealso Model Rule at 22 (setting identical limits); ISOR at 1-8. Subsection (a)(34): Graffiti Remover: The Agency soughtto add a subsection (34) establishing YOM contentlimits for two subcategories ofgraffiti remover. Prop. at 32. Specifically, with an effective date ofJuly I, 2012, the Agencyproposed to limit the "aerosol"44
category to 50 percent YOM by weight and the "non-aerosol" category to 30 percent YOM by weight. Id.; see 35 Ill. Adm. Code 223.203 (defining "graffiti remover"); see also Model Rule at 22 (setting identical limits); ISOR at I-8. Subsection (al(39l: Hair StvlingProducts. The Agency soughtto add a subsection (39) establishing YOM content limits for two subcategories ofhair styling products. Prop. at 32. Specifically, with an effective date ofJuly I, 2012, the Agencyproposed to limit the "aerosol and pump sprays" subcategory to six percent YOMbyweight and the "all otherforms" subcategoryto two percent YOM by weight. Id.; see 35 Ill. Adm. Code 223.203 (defining "hair stylingproduct" and "pump spray"); see also Model Rule at 23 (setting identical limits); ISOR at I-8. Subsection (a)(54): Shaving Gel. The Agency sought to add a subsection (54) establishing YOM content limits for shaving gel. Prop. at 34. Specifically, with an effective date ofJuly I, 2012, the Agencyproposed to limit shaving gel to 7 percent YOM byweight. !d.; see 35 Ill. Adm. Code 223.203 (defining "shaving gel"); see also Model Rule at 23 (setting identical limit); ISOR at I-8. Subsection (a)(59): Wood Cleaner. The Agency sought to add a subsection (59) establishing YOM content limits for two subcategories ofwood cleaner. Prop. at 34. Specifically, with an effective date of.Tuly 1, 2012, the Agencyproposed to limit the "aerosol" subcategory to 17 percent YOM by weight and the "non-aerosol" subcategoryto four percent YOMby weight. ld.; see 35 Ill. Adm. Code 223.203 (defining "wood cleaner"); see also Model Rule at 23-24 (setting identical limits); ISOR at I-8. In addition to proposing addition ofthese elevennew subsections, the Agencyhas proposed to re-number each ofthe existing 48 subsections in order to maintain categories in alphabetical order. See Prop. at 28-34. The Board finds that the record supports each ofthese proposed new definitions is and includes them in its orderbelow. As noted above, the Board has declined to re-designate the existing subsection (a)(!), particularly since the request to do so has been withdrawn. Section 223.207: Products Registered Under FIFRA The Agency's original proposal did not seek to amend Section 223.207, which provides in its entirety that, "[f]orthose consumerproducts that are registered underthe Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 USC 136 through 136y), incorporated by reference in Section 223.120, the effective date ofthe YOM standards will be July I, 2010." 35 

### Ill. Adm. Code 223.207. During the second hearing, however, CSPA noted the effective date ofJuly I, 20I0, acknowledging that it is correct for product categories subjectto the current rule. Tr.2 at 8. CSPA argued that "FIFRAproducts are granted a one-year extension in every state that regulates consumerproducts." !d.; compare 35 Ill. Adm. Code 223.205(a) with 35 Ill. Adm. Code 223.207; see Model Rule at 24. CSPA attributed this extension to regulation ofthese products

### 45

both by USEPA and by state agencies such as departments ofagriculture. Tr.2 at 8-9. CSPA recommended replacing the date ofJuly l, 20l0, with the following language: "one year after the effective date specified in Section 223.205

...." Jd. at 9. CSPA argued that this proposed revision "addresses the concern about ensuring we have a proper effective date for these newly regulated products." !d. The Board concurs in this amendment to Section 223.207, which is reflected in its order below. Specifically, the Board finds thatrecord includes no facts or arguments opposing the CSPA'sproposed revision oflanguage establishing an effective date and that it is consistent with the one-yearextension reflected in the currentrules. The Board concludes that this revision appropriately clarifies the date on which VOM limits for a limited range ofproducts will take effect. Section 223.208: Requirements for Aerosol Adhesives Duringthe secondhearing, the Board noted CSPA's position that this section regulating aerosol adhesives makes it unnecessary to regulate them under proposed new Section 223.211. Tr.2 at 19; seeYost Test. at 8-9. The Board further noted that, although the proposed new section addresses the issue ofimpurities, this section does notdo so. Tr.2 at 19; see 35 Ill. Adm. Code 203.208; Prop. at 35-36. CSPA indicated that Section 223.208 "probably should" address impurities, but it stated that it had sought only to avoid regulating these products in different provisions ofPart 223. Tr.2 at 19-20. In its post-hearing comment, the Agency generally concurred that this section should address impurities and proposed to amend Section 223.208(c) as follows: c) Effective July I, 2009, noperson shall sell, supply, offer for sale, or manufacture for use in Illinois any aerosol adhesive that contains any ofthe following compounds: methylene chloride, perchloroethylene, or trichloroethylene. These requirements do not apply to any Aerosol Adhesive containing methylene chloride. perchloroethylene. or trichloroethylene that is present as an impurity in a combined amount equal to or less than 0.01% bv weight. PC 3 at 4. The Agency argued that this revision "would serve the interests ofthe Illinois rule by making it more consistent with the Californiarule." PC 3 at 4. The Agency opined that "[s]uch a change should not be controversial because the language for impurities only allows for a very small quantity ofthe prohibited materialsthat may unintentionallybe included in the product." Jd.; see id. at 4 (proposingrevision). The Agency did not otherwise seek to amend Section 223.208. The Board finds that this proposed amendment appropriately addresses the questions and comments raised in the course ofthis proceeding. The Board concludes that this allows only a very limited presence ofimpurities in aerosol adhesives and will make the provisions ofPart 223 more consistent with one another. The Board includes Section 223.208 and this amendment in its orderbelow.46

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 In his pre-filed testimony onbehalfofCSPA, Mr. Yost notes that the OTC Model Rule includes provisions regulating specified compounds "that may not cause or contribute to ozone fom1ation." Yost Test. at 6 n.ll. CSPA states that the Model Rule allows states to determine whetherto regulate those compounds. 

### !d., citing Model Rule at I (noting "hazardous nature" of compounds). CSPA further states that the Agency has proposed such optional language as a new Section 223.2I I prohibiting the "themanufacture, sale, supply oroffering for sale ofspecified consumer product categories that containmethylene chloride, perchloroethylene or trichloroethylene." Yost Test. at 6. CSPA recommends three specific revisions, which are summarizedbelow. Subsection (a). The Agency sought to add a new Section 223.211, subsection (a) of which provides in its entirety that, [e]ffective July I, 2012, no person shall sell, supply, offer for sale, ormanufacture for use in Illinois any Adhesive Removers, Aerosol Adhesives, Contact Adhesives, Electrical Cleaners, Electronic Cleaners, Footwear or Leather Care Products, General Purpose Degreasers, and Graffiti Removers that contain any of the following compounds: methylene chloride, perchloroethylene, or trichloroethylene. Prop. at 35; SR at 7-8; see Model Rule at 28. In its pre-filed testimony, CSPA states that this proposed provision "is silent in what, if anything, manufacturers, distributors and retailers must do with existingproduct stock that was manufactured before the July I, 2012, effective date oftheprohibitions." Yost Test. at 7. CSPA argues that this silence mayhave unintended environmental consequences by causing the disposal ofotherwise usable and saleable products. 

### !d. CSPA states that most states inlposing similarprohibitions "provide a three-year sell-through period to ensure that product manufacturers, distributors and retailers have an adequate amount oftime to ensure that noncompliant products are withdrawn from the shelves." 

### ld. CSPA added that other states with similarprohibitions do not include "any sell-through limitation since, as a practical matter, existing stock ofthese products are generally sold quickly (possibly in Jess than three years). 

### I d. (citations omitted). CSPA recommended that the Board revise the Agency's proposed Section 223.211 (a) byclearlyproviding "that products manufactured beforeJuly I, 2012, may continue to be sold, supplied, or offered for sale in Illinois." 

### I d.; see 

### id. at 9 (proposingrevision). In response to a Board question during the second hearing, the Agency stated that it concurred with a sell-through period for products manufactured before the effective date ofthe Agency's proposed limits. Tr.2 at 22. Mr. Davis indicated that adding this language "wouldbe consistent with ourprevious sell through policy

...." Tr.2 at 22. Inits post-hearing comments, the Agency stated that it did not objectto language proposedby CSPA to establish an "effective date that preserves the sell through ofproduct47

manufactured and date coded before July 1, 2012." PC 3 at 1; see id. at 3 (proposing revision); seealso 35 Ill. Adm. Code 223.250 (Product Dating). Subsection (b). The Agency also originallyproposed a subsection (b) providing in its entirety that [t]he requirements ofSection 21l(a) do not applyto any Adhesive Removers, Aerosol Adhesives, Contact Adhesives, Electrical Cleaners, Electronic Cleaners, FootwearorLeather Care Products, General Purpose Degreasers, and Graffiti Removers containing methylene chloride, perchloroethylene, ortrichloroethylene that is present as an impurityin a combined amount equal to or less than 0.01% by weight. Prop. at 35-36; SR at 8; see Model Rule at 28-29. AerosolAdhesives. CSPA stated that the Agency's proposed Section 223.211 restricts the use ofchlorinated compounds in product categories including "aerosol adhesives." Yost Test. at 8; see Prop. at 35-36. CSPA noted that existing Section 223.208 has applied to aerosol adhesives since July 1, 2009, and restricts the use ofperchloroethylene, methylene chloride, and trichloroethylene. Yost Test. at 8; see 35 Ill. Adm. Code 223.208 (Requirements for Aerosol Adhesives). Based onthese existingrequirements, "CSPArecommends that the Board delete the reference to 'Aerosol Adhesives' in Section223.211.

..." Yost Test. at 8; see id. at 2. During the secondhearing, the Board noted CSPA'srecommendationbut observedthat proposed Section 223.211 differs from Section 223.208 because the proposednew language accounts for impurities. Tr.2 at 19; see 35 Ill. Adm. Code223.208; Prop. at 35-36. Mr. Yost stated that the existing language "probably should' do so. Tr.2 at 19. In its post-hearing comments, the Agency followed CSPA's recommendation to remove aerosol adhesives from the proposed Section 223.211. PC 3 at 2. The Agency added that, ifthe Board concurs, "additional language should be added to account for an 'impurities' allowance in Section 223.208." 

### Id.; see 35 Ill. Adm. Code223.208. The Agency argues that these revisions address both CSPA'sconcernwith regulating one set ofproducts in separateprovisions and the Board's question concerning consistenttreatment ofimpurities. PC 3 at 2-3. General PurposeDegreasers. Addressingbothproposed subsections, CSPA testified that, although manufacturers seek to eliminate the use ofchlorinated compounds in products, "there are limited situations when the use ofthese chemical compounds is necessaryto produce low-flammability general purposedegreaserproductsthat can be used by facilities' maintenance operations inwhich ignition sources (e.g., metal parts contacting other metal parts) may be present." Yost Test. at 8; see id. at 2. CSPA argued that therisk ofa fire from such ignition sources raises workplace safetyissues. 

### Id.; see Tr.2 at 12. CSPA added that methylene chloride and perchloroethylene are exemptfrom the definition ofVOMbecause oftheir "very low photochemical reactivity." Yost Test. at 8, citing 40 C.F.R. § 5l.IOO(s), 35 Ill. Adm. Code 211.7150(a). CSPAclaimedthat theAgency'sproposal would generate "minimal, ifany, reduction ofVOM emissions, and thus, is not necessaryto achieve attainment offederal ozone standards." Yost Test. at 8; see id. at 1-2; Tr.2 at 12. CSPArequested that the Board strike48

restrictions onthe GeneralPurpose Degreaser category from Section 223.211 in its first-notice proposal. Yost Test. at 8; see id. at 9 (proposingrevision); Tr.2 at 12-13. During the second hearing, the Agency asked CSPA whether deleting therestriction on the general purpose degreaser categorywould make Illinois' rule more or less consistent with the OTC states. Tr.2 at 11-12. Mr. Yost responded thatthe regulations often other states include this restriction, so deleting it "would set aprecedent." Jd. at 12, 13. Suggestingthat it maybe only a limited precedent, he added thatthe OTC is expected to approve a revised 2014 model rule that will generate additional state rulemaking activity. 

### !d. at 13. He indicated that CSPA would then request that the OTC states considerdeleting this restriction. Jd. Also during the second hearing, Mr. Yost responded to an Agency question by indicating that general purpose degreasers meeting this proposed restriction are available for sale in these ten other states. Tr.2 at 14. Mr. Yost acknowledged that, ifthe Board adopted CSPA's recommendation and deleted this restriction, then general purpose degreasers sold in Illinois would differ from those sold in other states. 

### !d. He addedthatproducts ofthiskind are sold most often to commercial entities and notmore widely through retail outlets. 

### !d.
In their post-hearing comments, CSPA, Chicago Aerosol, and Claire all addressed this issue in response to questionsraisedbytheBoard during the second hearing. PC I, PC 2, PC 4; seeTr.2 at 15. Each ofthe three comments noted thatthe Board had asked whether suppliers formulate low-flammabilitygeneral purpose degreasers without using chlorinated solvents. PC I at I; PC 2 at I; PC 4 at 1. Claire responded "yes" (PC 4 at I), andboth CSPA and Chicago Aerosol stated thatthe answer is a "qualified 'yes"' (PC I at I; PC 2 at I). Each stated that, based on experience formulating products for sale in California and otherjurisdictions, they "have determined thatthe alternatives to the three specificallyidentified chlorinated solvents do notprovide the sameprotection from flammability." PC 1 at I; PC 2 at I; PC 4 at I (emphasis in eachoriginal). The comments elaboratedthat the substituteproducts "typicallyhave flash points in the combustible range." PC I at I; PC 2 at 1; PC 4 at I. Each also stressed that the substitutes "dryvery slowly and do not do not allow for immediateuse ofthe part." PC 1 at I; PC 2 at 1; PC 4 at 1. All stated that this delay maylead mechanics to useunregulated solvents such as gasoline orpaintthinner "toremove or dissolve grease, grime, oil and other oil-based contaminants from metallic parts and surfaces." PC I at I; PC 2 at 2; PC 4 at I. Each ofthe three comments also noted that the Board had asked "whether general purposedegreasers fonnulated with LVP-VOM solvents arebeing sold in other states that impose a restriction on the use ofthe three chlorinated solvents. PC 

### 1 at 2; PC 2 at 

### 1; PC 4 at I. Both CSP A and Chicago Aerosol indicated that such a restriction has been adopted inthe following states: California, Connecticut, Delaware, Indiana, Maine, Maryland, Massachusetts, Michigan, New Jersey, New York, and Rhode Island. PC 

### 1 at 2 n.4; PC 2 at 2 n.4. Each commentresponded that, although suchproducts are in fact being sold, "customersgenerally dislike the reformulated products since the products are deemed to be ineffective in removing grease from mechanical parts and surfaces for the samereasons stated above." PC I at 2; PC 2 at 2; PC 4 at I. Claire added that thereformulated products also "give offobnoxious odors." PC 4 at 1.

### 49

Onthe basis ofthese arguments, each ofthe three comments cited workplace safety and projected reductions in YOM emissions to recommend "thatthe Board delete the restrictions for the General Purpose Degreaserproduct category set forth in the newly-proposed 35 lAC 

### § 223.211." PC I at 2; PC 2 at I; PC 4 at 2 (emphasis in each original). 

### In its post-hearing comments, the Agency opposed the recommendation to strike this proposed restriction on General Purpose Degreasers. The Agency stated that its proposal intended to make Illinois' rules consistent with those ofother states and to prevent those rules from requiring the sale ofproducts that differ from those sold elsewhere. PC 3 at I. The Agency stressed CSPA's acknowledgment that its proposed revision would be inconsistent with ten other states and that it would set a precedent. 

### !d., citing Tr.2 at 12, 13. The Agency also stressed CSPA's acknowledgement that products complying with the proposed restriction are now available and sold in states that have adopted it. PC 3 at 2, citing Tr.2 at 14. The Agency argues that, ifthe Board accepts the revision offered byCSPA, then Illinois would allow the sale of products that could notbe sold in states that had adopted the restriction. PC 3 at 2. Citing consistency, the Agency objects to the recommendation to strike General Purpose Degreasers form the proposed Section 223.211. Board Discussion. First, the Board fmds that the Agency's proposed sell-through deadline addresses the questions and comments raised in the course ofthis proceeding and clarifies applicability ofthis language. The Board concurs that it is appropriate to allow regulated products manufactured and date-coded before July I, 2012, to be sold until their supplies are exhausted and includes this revision in its orderbelow. Second, the Board also finds that the Agency'sproposal to strike aerosol adhesives from this section will clarifyregulation ofthese productsby avoiding therisk ofinconsistencies between Section 223.208 and 223.211. The Boardnotes that it has above proposed to amend Section 223.208 to address impurities in a manner consistent with subsection (b). Finally, after carefullyconsidering the arguments in the record, the Board declines to strike generalpurpose degreasers from proposed Section 223.211. The Boardnotes that both the Agency and CSPA have cited the general benefits ofconsistentregulation ofthese products, notablythe avoidance ofconflicting stateregulations and the sale ofsingleproducts in multiple jurisdictions. The record clearlyindicates that the revision proposed by CSPA would differ from restrictions adopted in numerous other states and would establish a precedent for regulation of these products. The Board foresees that this precedent could lead to the formulation and marketing ofseparate products for Illinois and for other states, undermining the clear interest in consistent regulation. Furthermore, therecord clearly shows that the market supplies compliant products now sold in other states. The Board has weighed and byno means discounts the comments by CSPA, Chicago Aerosol, and Claire indicating that these compliantproducts present shortcomings. Similarregulations in numerous other statesprovide an incentive for continued reformulation ofthese products. The Board also notes that OTC is expected to issue a revised model rule in 2014, which mayconceivably address regulation ofthese products. Accordingly, the Board finds that it is appropriate to restrict the use ofchlorinated compounds in general purpose degreasers and includes that restriction in its orderbelow.

### 50 Subpart C: Architectural and Industrial Maintenance Coatings Existing Section 223.305 addresses the applicability ofVOMregulations for architectural coatings under Subpart C. 35 Ill. Adm. Code 223.305. Section 223.305 also provides that Subpart C does not apply to three specific categories ofmaterials. 

### !d. (subsections (a), (b), and (c)). Subsection (c) now provides that Subpart C does not apply to "[a]ny architectural coating that is sold in a container with a volume ofone liter (1.057 quart) or less." 35 Ill. Adm. Code 223.305(c); see 35 Ill. Adm. Code 223.307 (defming "architectural coating" for Subpart C). The Agency sought to amend this language to clarify compliance. SRat 4. The Agency stated that some vendors ofthese products "were taking packets ofcoatings, each ofwhich were individually below the minimum value for compliance, and bundling them together to sell in groups." 

### !d. Suggesting that it does not view sale ofthe bundledpackets as sale ofa single item, the Agency proposed to "changethe rule so that the volume for sale purposes is the entire package, not the individual ones." 

### !d. Accordingly, the Agencyproposed to add the following sentence to subsection (c): "[f]or the purpose ofthis subsection the volume ofarchitectural coating in a container shall beconsidered the total volume ofcoating that is packaged in aunit of retail sale or for use by the consumer." Prop. at 36; see SR at 8. The Board finds that the record contains no fact or arguments opposing this proposed amendment and that it would clarify applicability ofthis provision. The Board includes this amendment in its orderbelow. CONCLUSION The Board proposes to amend Part 223 ofits air pollution regulations. Inits orderbelow, the Board directs the Clerk to cause first-notice publication ofthe Board'sproposal in the Illinois Register, which commences a 45-daypublic comment period. ORDER The Board directs the Clerkto cause first-notice publication ofthe following proposed amendments to the Board's air pollution regulations in theIllinois Register. Proposed additions are underlined, and proposed deletions appear stricken.

TITLE 35: ENVIRONMENTAL PROTECTION SUBTITLE B: AIRPOLLUTION CHAPTER I: POLLUTION CONTROLBOARD SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS FOR STATIONARY SOURCES PART 223 STANDARDS AND LIMITATIONS FOR ORGANIC MATERIAL EMISSIONS FOR AREA SOURCESSection 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

223.270 223.275 223.280 223.285 51

SUBPART 

### A: GENERALPROVISIONS
Severability Abbreviations and Acronyms Incorporations by Reference SUBPART B: CONSUMERA"t\lD COMMERCIALPRODUCTS

Purpose Applicability Definitions for Subpart B Standards Diluted Products Products Registered underFIFRA Requirements for Aerosol Adhesives Requirements for FloorWax Strippers Products Containing Ozone-Depleting Compounds Requirements for Adhesive Removers, Aerosol Adhesives. Contact Adhesives. Electrical Cleaners. Electronic Cleaners, FootwearorLeather Care Products, General Purpose Degreasers, and Graffiti Removers Requirements for Charcoal LighterMaterial Exemptions Innovative Product Exemption Alternative Compliance Plans Product Dating Additional Product Dating Requirements Most Restrictive Limit Additional LabelingRequirements for Aerosol Adhesives, Adhesive Removers, Electronic Cleaners, Electrical Cleaners, EnergizedElectrical Cleaners, and Contact Adhesives Reporting Requirements Special Recordkeeping Requirements for Consumer Products that Contain Perchloroethylene or Methylene Chloride Calculating Illinois Sales Test Methods SUBPART C: ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS Section 223.300 223.305 223.307 223.310 223.320 Purpose Applicability Defmitions for Subpart C Standards Container Labeling Requirements223.330 223.340 223.350 223.360 223.370 52 Rep01ting Requirements Compliance Provisions and Test Methods AlternativeTest Methods Methacrylate Traffic Coating Markings Test Methods AUTHORITY: Implementing Section 10 and authorized by Sections 27 and 28 ofthe Environmental Protection Act [415 ILCS 5/10, 27 and 28]. SOURCE: Adopted in ROS-17 at 33 

### Ill. Reg. 25, effective June 8, 2009; amended in Rl2-8 at 36 Ill Reg.

__ , 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, ormanufactures consumerproducts on or after July I, 2009, for use in Illinois. (Source: Amended at 36 Ill. Reg.

___ , effective

_______ ).



### Section 223.203 Definitions for SubpartB The definitions contained in this Section apply only to the provisions ofthis Subpart. Unless otherwise defined in this Section, the definitions oftermsused in this Subpart shall have the meanings specified for those terms in 35 ill. Adm. Code 211. "Adhesive" means anyproduct that is used to bond one surface to another by attachment. This does not includeproductsused 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, less packaging, that consist ofmore than one gallon. For "Construction, Panel, and Floor Covering Adhesive", and "General Purpose Adhesive", "Adhesive" does notinclude units ofproduct, less 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 product designed to remove adhesive from either a specific substrate or a variety ofsubstrates. "AdhesiveRemover" does not include products that remove adhesives intended exclusivelyfor use on humans 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 ormore materials. Adhesive includes, but is not limitedto, caulks, sealants, glues, or similar substances used for the purpose offorming abond.53

"FloorandWall Covering Adhesive Remover"means a product designed or labeled to remove floor orwall coverings and associated adhesive from the underlying substrate. "Gasket orThread Locking Adhesive Remover" means a product designed or labeled to remove gaskets orthread locking adhesives. Products labeled for dual use as a paint stripper and gasket remover and/or thread locking adhesiveremover are considered "GasketorThread Locking Adhesive Remover". "General Purpose Adhesive Remover" means aproduct designed orlabeled to remove cyanoacrylate adhesives as well as non-reactive adhesives orresidue from a variety ofsubstrates. "General Purpose Adhesive Remover" includes, but is not limited to, the following: products thatremove thermoplastic adhesives, pressure sensitive adhesives, dextrine or starchbased adhesives, casein glues, rubber or latex-based adhesives, and products thatremove stickers, decals, stencils, or similarmaterials. "General Purpose Adhesive Remover" does not include "Floor orWall CoveringAdhesiveRemover". "SpecialtyAdhesive Remover" means aproduct designed to remove reactive adhesives from a variety ofsubstrates. Reactive adhesives include adhesives that require ahardener or catalyst in order for the bond to occur. Examples ofreactive adhesives include, but are not limited to epoxies, urethanes, and silicones. "SpecialtyAdhesive Remover" does not include "Gasket orThread Locking Adhesive Remover". "Aerosol Adhesive"means an aerosol product in which the spraymechanism is permanentlyhoused in a nonrefillable can designed for hand-held application without the need for ancillaryhoses 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 orto be applied onfood, orboth. "Aerosol Product" means apressurized spray system that dispenses product ingredients bymeans ofapropellant contained in a product or aproduct's container, or by means ofa mechanically induced force. "Aerosol Product" does not include "Pump Spray". "Agricultural Use" means the use ofany pesticide ormethod ordevice for the control of pests inconnection with the commercial production, storage, orprocessing ofany animal orplant crop. This does notinclude the sale oruse ofpesticides inproperly labeled packages or containers that are intended for homeuse, use in structuralpest control, or industrial orinstitutional use. Forthe purposes ofthis definition only: "Home Use"means use in a household or its immediate environment;54

"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 oruse in the operation offactories, processingplants, and similar sites; or "Institutional Use" means use within the lines of, or onproperty necessary for the operation of, buildings such as hospitals, schools, libraries, auditoriums, and office complexes. "AirFreshener" means any consumerproduct including, butnot limited to, sprays, wicks, powders, and crystals, designed for the purpose ofmasking odors, or freshening, cleaning, scenting, or deodorizing the air. "AirFreshener" does not includeproducts that are used onthe human body, products that function primarily as cleaningproducts as indicated on a product label, "Toilet/Urinal Care Products", disinfectant products claiming to deodorize bykilling germs on surfaces, orinstitutional and industrial disinfectants when offered for sale solelythrough institutional and industrial channels of distribution. "AirFreshener" does include spray disinfectants and other products that are expresslyrepresented for use as air fresheners, except institutional and industrial disinfectants whenoffered for sale through institutional and industrial channels of distribution. To determine whether a product is an air freshener, all verbal and visual representations regarding product use on the label orpackaging and in the product's literature and advertising maybe considered. Thepresence 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 "L VP-VOM." "All Other Forms" means all consumerproduct forms for that no form-specific VOM standard is specified. Unless specified otherwise by the applicable VOM standard, "All OtherForms" include, but is not limited to, solids, liquids, wicks, powders, crystals, and cloth or paper wipes (towelettes). "Alternative Control Plan" or "ACP" means any emissions averaging program approved bythe Agencypursuant to the provisions ofthis Subpart. "Antimicrobial Hand or BodyCleaner 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 orbodywashes/cleaners, foodhandler hand washes, healthcare personnel hand washes, pre-operative skin preparations and surgical scrubs. "Antimicrobial Hand orBody Cleaner or Soap" does not include prescription drug products, antiperspirants, "Astringent/Toner", deodorant, "Facial Cleaner or Soap", "General-use Hand orBody Cleaner or Soap", "Hand Dishwashing Detergent" (including antimicrobial), "Heavy-dutyHand Cleaneror Soap", "Medicated Astringent/Medicated Toner", or "RubbingAlcohol".

### 55

"Antiperspirant" means any product, including, butnot limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles, that is intended bythe manufacturer to be used to reduce perspiration in the human axillaby at least 20 percentin at least 50 percent ofa target population. "Anti-Static Product" means a product that is labeled to eliminate, prevent, or inhibit the accumulation ofstatic electricity. "Anti-Static Product" does not include "Electronic Cleaner", "FloorPolish orWax", "Floor Coating", and products that meet the definition of"Aerosol Coating Product" or "Architectural Coating". "Appm1enance" means any accessory to a stationary structure coated at the site of installation, whether installed or detached, including, butnot limited to, bathroom and kitchen fixtures, cabinets, concrete forms, doors, elevators, fences, hand railings, heating equipment, air conditioning equipment, and other fixed mechanical equipment or stationary tools, lampposts, partitions, pipes and piping systems, rain gutters and downspouts, stairways, fixed ladders, catwalks and fire escapes, and window screens. "Architectural Coating" means a coating to be applied to stationary structures orthe appurtenances at the site ofinstallation, to portable buildings at the site ofinstallation, to pavements, orto curbs. Coatings applied in shop applications orto non-stationary structures such as airplanes, ships, boats, railcars, and automobiles, and adhesives are not considered "Architectural Coatings" for the purposes ofthis Subpart. "Astringent/Toner" means any productnot regulated as a drug bythe 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, orbody cleaner or soap product, "Medicated Astringent/Medicated Toner", cold cream, lotion, or antiperspirant. "Automotive Brake Cleaner" means a cleaningproduct designed to remove oil, grease, brake fluid, brake pad material ordirt from motor vehicle brake mechanisms. "AutomotiveHardPaste Wax" means an automotive wax orpolishthat is designed to protect and improve the appearance ofautomotive paint 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 offpriorto the product being allowed to dry. "Automotive Rubbing or Polishing Compound" means a product designed primarily to remove oxidation, oldpaint, scratches or swirl marks, and otherdefects from the painted surfaces ofmotorvehicles without leaving aprotectivebarrier.56

"Automotive Wax, Polish, Sealant, or Glaze"means a product designed to seal out moisture, increase gloss, orotherwise enhance amotor vehicle'spainted surfaces. This includes, but is not limited to, products designed for use in autobody repair shops and drive-through car washes, as well as products designed for the general public. The term does not include "Automotive Rubbing or Polishing Compounds", automotive wash and wax products, surfactant-containing car washproducts, and products 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 orfor the purpose ofcleaning, washing, orwetting the windshield. This does not include fluids placed by the manufacturer in a new vehicle. "Bathroom and Tile Cleaner" means a product designed to clean tile or surfaces in bathrooms. The term does not include products designed primarilyto cleantoilet bowls, toilet tanks orurinals. "Bug and TarRemover" means a product labeled to remove either orboth ofthe following from painted motor vehicle surfaces without causing damage to the fmish: biological-type residues such as insect carcasses, tree sap and road grime such as road tar, roadway paintmarkings, and asphalt. "Carburetor orFuel-Injection AirIntake Cleaners" means a product designed to remove fuel deposits, dirt, or other contaminants from a carburetor, choke, throttle body ofa fuelinjection system, or associated linkages, excludingproducts designed exclusivelyto be introduced directly into the fuel lines orfuel storage tank priorto introduction into the carburetor or fuel injectors. "Carpet and Upholstery Cleaner" means a cleaningproduct designed for the purpose of eliminating dirt and stains on rugs, carpeting, and the interiorofmotorvehicles and/or on household furniture orobjects upholstered or covered with fabrics such as wool, cotton, nylon or other synthetic fabrics. This includes, butis not limited to, products that make fabric protectant claims. The term does not include "General Purpose Cleaners", "Spot Removers", vinyl orleather cleaners, dry cleaning fluids, orproducts 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 and probes, 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 Floor Covering Adhesive" means any one-component adhesive that is designed exclusivelyfor the installation, remodeling, maintenance, orrepair of

### 57

structural and building componentsthat include, but are not limited to, beams, trusses, studs, paneling (including, butnot limitedto, drywall or drywall laminates, fiberglass reinforced plastic (FRP), plywood, particle board, insulationboard, pre-decorated hardboard ortileboard), ceiling and acoustical tile, molding, fixtures, countertops or countertop laminates, cove or wall bases, flooring or subflooring, or floor or wall coverings (including, but not limited to, wood or simulated wood covering, carpet, carpet pad or cushion, vinyl-backed carpet, flexible flooring material, nonresilient flooring material, mirror tiles and othertypes oftiles, and artificial grass). Theterm does not include "Floor Seam Sealer". "Consumer" means any person who purchases or acquires any consumerproduct for personal, family, household, or institutional use. Persons acquiring a consumerproduct for resale are not "consumers" for that product. "Consumer Product" means a chemically formulated product used by household and institutional consumers including, but not limited to, detergents, cleaning compounds, polishes, floor finishes, cosmetics, personal care products, home lawn and garden products, disinfectants, sanitizers, aerosol paints, and automotive specialty products. "ConsumerProduct" does not include otherpaint products, furniture coatings, or architectural coatings. Asused in this Subpart, "ConsumerProduct" shall also refer to "Aerosol Adhesive", including "Aerosol Adhesive" used for consumer, industrial or commercial uses. "Contact Adhesive" means an adhesive that is designed for application to both surfaces to be bonded together, and is allowed to dry before the two surfaces are placed in contact with each other, and forms an immediate bond that is impossible, or difficult, to reposition afterboth adhesive-coated surfaces areplaced in contact with each other, and does not need sustainedpressure orclamping ofsurfaces after the adhesive-coated surfaceshave been brought together using sufficient momentarypressure to establish full contact between both surfaces. The term does not include rubber cements that are primarily intended for use onpaper substrates. "Contact Adhesive" also does not include vulcanizing fluids that are designed and labeled for tire repair only. "Contact Adhesive- General Purpose" means any contact adhesivethatis not a "Contact Adhesive- Special Purpose". "Contact Adhesive- Special Purpose" means a contact adhesive that is used to bond melamine-coveredboard, unprimed metal, unsupported vinyl, Teflon, ultra-high molecular weight polyethylene, rubber, orhighpressure laminate orwood veneer 1116 inch or less 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 applications that are either automotive underthe hood applications requiring heat, oil or gasolineresistance orbody-side molding, automotive weatherstrip or decorative trim.58 "Container/Packaging" means the part orparts ofthe consumer orinstitutional product that serve only to contain, enclose, incorporate, deliver, dispense, wrap or store the chemically formulated substance ormixture ofsubstances that is solely responsible for accomplishing the purposes for which the product was designed or intended. This includes any article onto or into which theprincipal displaypanel and other accompanying literature orgraphics are incorporated, etched, printed or attached. "CrawlingBug Insecticide" means any insecticide product that is designed for use against ants, cockroaches, or otherhousehold crawling arthropods, including, but not limited to, mites, silverfish or spiders, excluding products designed to be used exclusively on humans or animals, orany house dust mite product. Forthe purposes ofthis definition only: "House dust mite product" means a product whose label, packaging, or accompanying literature states that the product is suitable for use against house dust mites, but does not indicatethatthe product is suitable for use against ants, cockroaches, orotherhousehold crawling arthropods. "House dust mite" means mites that feed primarily on skin cells shed in the home by humans and pets and which belongto the phylum Arthropoda, the subphylum Chelicerata, the class Arachnida, the subclass Acari, the order Astigmata, and the family Pyroglyphidae. "Date-Code"meansthe day, month and year on which the consumerproduct was manufactured, filled, orpackaged, or a code indicatingthat date. "Deodorant" means: Forproducts manufactured before July I, 2009: any product including, but not limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles that is intended by the manufacturer to be used to minimize odorin thehuman axilla byretarding the growth ofbacteriathat cause the decomposition ofperspiration. Forproducts manufactured on or after July I, 2009: anyproduct including, but not limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles, that indicates or depicts on the containerorpackaging, or on any sticker or label affixed to-the containeror packaging, that theproduct can be used on or applied to the human axilla to provide a scent and/or minimize odor. A "Deodorant Body Spray"product that indicates or depicts onthe container orpackaging, or on any sticker or label affixed to the container orpackaging to-the container orpackaging that it canbeused on or applied to the human axilla, is a "Deodorant"" "Deodorant Body Spray" means: Forproducts manufactured before July I, 2009: a "Personal Fragrance Product" with 20 percent orJess fragrance.

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Forproducts manufactured on or after July I, 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 ordepicts on the containeror packaging, or on any sticker or label affixed to-the container orpackaging, that it canbe used on or applied to the human axilla, is a "Deodorant" "Device" means any instrument or contrivance (other than a fireann) designed for trapping, destroying, repelling, ormitigating any pest or any other form ofplant or animal life (otherthan man and other than bacterium, virus, or another microorganism on or in living man orother living animals), but not including equipment used for the application ofpesticides when sold separately from the device. "Disinfectant" means any product intended to destroy orirreversibly inactivate infectious or otherundesirable bacteria, pathogenic fungi, orviruses on surfaces or inanimate objects and whose label is registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7USC 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 swimming pools, therapeutic tubs, or hot tubs, products that, as indicated on the principal display panel orlabel, are designed primarily for use as bathroom and tile cleaners, glass cleaners, general purpose cleaners, toiletbowI cleaners, ormetal polishes. "Double PhaseAerosol AirFreshener" means an aerosol airfreshener with the liquid contents in two ormore distinct phases that require the product containerto be shaken before use to mix the phases, producing an emulsion. "DryCleaning Fluid" means any non-aqueous liquid product designed and labeled exclusively for use on fabrics that are labeled "dry clean only", such as clothing or drapery or "S-coded" fabrics. This includes, but is notlimited to, those products used by commercial dry cleaners and commercial businesses that clean fabrics such as draperies at the customer's residence orwork place. The term does not include "Spot Remover" or "Carpet and Upholstery Cleaner". For the purposes ofthis definition, "S-coded fabric" means anupholstery fabric designed to be cleaned only with water-free spot cleaning products as specified bythe Joint Industry Fabric Standards Committee. "Dusting Aid" means a product designed to assist inremoving dust and other soils from floors and other surfaces without leaving a wax orsilicone based coating. The term does not include "Pressurized Gas Duster". "Electrical Cleaner" means a product labeled to remove heavy soils such as grease, grime, or oil from electrical equipment, including,but not limited to, electric motors, armatures, relays, electric panels, or generators. The term does not include "General Purpose Cleaner", "General Purpose Degreaser", "Dusting Aid", "Electronic Cleaner", "Energized Electrical Cleaner", "Pressurized Gas Duster", "Engine Degreaser", "Anti-

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Static Product", orproducts designed to clean the casings orhousings ofelectrical equipment. "Electronic Cleaner" means aproduct 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 notinclude "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 or housings ofelectronic equipment. "Energized Electrical Cleaner" means a product 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 a residual electrical potential from a component, such as a capacitor. The product label clearlydisplays the statements: "Energized equipment use only. Not to beused for motorized vehicle maintenance, ortheir parts." This does not include "Electronic Cleaner". "Engine Degreaser" means a cleaning productdesigned to remove grease, grime, oil and other contaminants from the external surfaces ofengines and othermechanical parts. "Existing Product" means any formulation ofthe same product category and form sold, supplied, manufactured, or offered for sale in Illinois priorto the effective date in Section 

### 223.205.hily I, 2009, or any subsequently introduced identical formulation. "Fabric Protectant" means a product designed to be applied to fabric substrates to protect the surface from soiling from dirt and otherimpurities or to reduce absorption ofliquid into the fabric's fibers. The term does not include waterproofers, products designed for use solely on leather, or products designed for use solely on fabrics labeled "dry clean only" and sold in containers ofI 0 fluid ounces or less. "Fabric Refresher" means a product labeled to neutralize or eliminate odors onnonlaundered fabric including, but not limited to, soft household surfaces, rugs, carpeting, draperies, bedding, automotive interiors, footwear, athletic equipment, orclothing or on household furniture or objectsupholstered orcovered with fabrics such as, but not limited to, wool, cotton, ornylon. "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", orproducts labeled for application to both fabric and human skin.61

Forthe purposes ofthis definition only, "Soft Household Surface Sanitizer" means a product labeled to neutralize or eliminate odors on the listed surfaces above whose label is registered as a sanitizerunder the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 USC 136 et seq.). "Facial Cleaner or Soap" means a cleaner or soap designed primarilyto clean the face including, butnot limitedto, facial cleansing creams, semisolids, liquids, lotions, and substrate-impregnated forms. The term does not include prescriptiondrug products, "Antimicrobial Hand or Body Cleaneror Soap", "Astringent/Toner", "General-use Hand orBody Cleaneror Soap", "Medicated Astringent/Medicated Toner", or "Rubbing Alcohol." "Fat Wood" means pieces ofwood kindling with high naturally-occurring levels ofsap or resin that-enhance ignition ofthekindling, excluding any kindling with substances added to enhance flammability, such as wax-covered or wax-impregnated wood-based products. "Faux Finishing Coating" means a coating labeled and formulated as a stain or a glaze to create artistic effects including, but not limited to, dirt, old age, smoke damage, and simulated marble and wood grain. "Flea and Tick Insecticide" means anyinsecticide product that is designed for use against fleas, ticks, their larvae, ortheir eggs. The term does not include products that are designed to be used exclusively onhumans or animals and theirbedding. "Flexible Flooring Material" means asphalt, cork, linoleum, no-wax, rubber, seamless vinyl and vinyl composite flooring. "FloorCoating" means an opaque coatingthat is labeled and formulated for application to flooring, including, butnot limited to, decks, porches, steps, and otherhorizontal surfaces that maybe subjected to foot traffic. "Floor Polish or Wax" means a wax, polish, or any otherproduct designed to polish, protect, or enhance floor surfacesby leaving a protective coating that is designed to be periodically replenished. The term does not include "Spray BuffProducts", products designed solely for the purpose ofcleaning floors, floor finish strippers, products designed for unfinished wood floors, and coatings subject to architectural coatings regulations. "Floor Seam Sealer" means anyproduct designed and labeled exclusively for bonding, fusing, or sealing (coating) seams between adjoining rolls ofinstalled flexible sheet flooring. "FloorWax Stripper" means a product 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 solelythrough abrasion.

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"Flying Bug Insecticide" means any insecticideproduct that is designed for use against flying insects orother flying arthropods, including but not limited to flies, mosquitoes, moths, orgnats. The term does not include "Wasp and Hornet Insecticide", products that are designed to be used exclusively onhumans or animals, or any moth-proofing product. Forpurposes ofthis definition only, "Moth-ProofingProduct" means a product whose label, packaging, oraccompanying literature indicates that the product is designed to protect fabrics from damage bymoths, 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 productdesigned orlabeledto be applied to footwear orto other leather articles/components to maintain, enhance, clean, protect, or modify the appearance, durability, fit, or flexibility ofthe footwear orleather ai1icle/component. Footwear includes both leather and non-leather foot apparel. "Footwear or Leather Care Product" does not include "Fabric Protectant", "General Purpose Adhesive", "ContactAdhesive", "Vinyl/Fabric/Leather/Polycarbonate Coating", "Rubberand Vinyl Protectant", "Fabric Refresher", products solely for deodorizing, or sealant products with adhesive properties used to create external protective layers greater than two millimeters thick. "Fragrance" means a substance orcomplex mixture ofaroma chemicals, natural essential oils, and other functional components with a combined vapor pressure not in excess of two mm ofHg at 20°C, the sole purpose ofwhich is to impart an odor or scent, orto counteract a malodor. "Furniture Maintenance Product" means a wax, polish, conditioner, or any otherproduct designed for the purpose ofpolishing, protecting orenhancing finished wood surfaces otherthan 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. "Furniture Coating" means any paint designed 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 semisolidmaterial, such asjelly. "General Purpose Adhesive" means any non-aerosol adhesive designed for use on a variety ofsubstrates. Theterm does not include contact adhesives, construction, panel, and floor covering adhesives, adhesives designed exclusivelyfor application onone specific category ofsubstrates (i.e., substrates that are composed ofsimilar materials, such as different types ofmetals, paperproducts, ceramics, plastics, rubbers, orvinyls), or adhesives designed exclusively for use on one specific category ofarticles (i.e., articles63

that may be composed ofdifferent materials but perform a specific function, such as gaskets, automotive trim, weather-stripping, or carpets). "General Purpose Cleaner" means aproduct designed for general all-purpose cleaning, in contrastto cleaningproducts designed to clean specific substrates in certain situations. This includes products designed for general floor cleaning, kitchen or countertop cleaning, and cleaners designed to be used on a variety ofhard surfaces, and do not include "General Purpose Degreasers" and "Electronic Cleaners". "General Purpose Degreaser" means any product labeled to remove or dissolve grease, grime, oil and otheroil-based contaminants from a variety ofsubstrates, including automotive or miscellaneous metallic parts. This does not include "Engine Degreaser", "General Purpose Cleaner", "Adhesive Remover", "Electronic Cleaner", "Electrical Cleaner", "Energized Electrical Cleaner", "Metal Polish/Cleanser", products used exclusivelyin "Solvent Cleaning Tanks orRelated Equipment", orproducts that are sold exclusively to establishments that manufacture orconstruct goods orcommodities, and labeled "not for retail sale". "Solvent Cleaning Tanks orRelated Equipment" includes, butis not limited to, cold cleaners, vapor degreasers, conveyorized degreasers, film cleaningmachines, orproducts designed to clean miscellaneous metallic partsby immersion in a container. "General-Use Hand orBodyCleaneror Soap" means a cleaner or soap designed to be used routinely on the skin to clean orremove typical orcommon dirt and soils, including, but not limited to, hand orbody washes, dual-purpose shampoo-bodycleaners, shower or bath gels, and moisturizing cleaners orsoaps. Theterm does not includeprescription drug products, "Antimicrobial Hand or Body Cleaner or Soap", "Astringentffoner", "Facial Cleaner or Soap", "Hand Dishwashing Detergent" (including antimicrobial), "Heavy-duty Hand Cleaneror Soap", "Medicated Astringent/Medicated Toner", or "Rubbing Alcohol." "Glass Cleaner" means a cleaningproduct designed primarily for cleaning surfaces made ofglass. Theterm does not include products designed solely for thepurpose ofcleaning optical materials used in eyeglasses, photographic equipment, scientific equipment and photocopyingmachines. "Graffiti Remover" means a product labeled to remove spraypaint, ink, marker, crayon, lipstick, nail polish, or shoe polish from a variety ofnon-cloth or nonfabric substrates. The term does not include "PaintRemover or Stripper", "Nail PolishRemover", or "Spot Remover". Products labeled for dual use as both a paint stripper and graffiti remover are considered "Graffiti Removers." "HairMousse" means a hairstyling foam designed to facilitate styling ofa coiffure and provide limited holdingpower.64

"Hair Shine" means any product designed for the primarypurpose ofcreating a shine when applied to the hair. This includes, butis not limited to, dual-use products designed primarily to impart a sheen to the hair. Theterm does not include "Hair Spray", "Hair Mousse", "Hair Styling Product", "Hair Styling Gel", orproducts whoseprimarypurpose is to condition or hold the hair. "Hair Spray" means: Forproducts manufactured before July I, 2009: a consumerproduct designed primarily for the purpose ofdispensing droplets ofa resin on and into a hair coiffure that will impart sufficientrigidity to the coiffureto establish orretain the style for a period oftime. Forproducts manufactured on or after July I, 2009: a consumerproduct that is applied to styled hair 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 finishing claims; and productsthat are both a styling and finishing product. This does not include sprayproducts that are intended to aid in stylingbut do not provide fmishing ofa hairstyle. For the purposes ofthis Subpart, "finish" or "finishing" means the maintaining and/or holding of previously styled hair for a period oftime. Forthe purposes ofthis Subpart, "styling" means forming, sculpting, ormanipulating the hairto temporarily alter the hair's shape. "Hair Styling Gel" means a consumerproduct manufactured before July I, 2009 that is a high viscosity, often gelatinous, productthat contains a resin and is designed for application to hair to aid in styling and sculpting ofthehair coiffure. "Hair Styling Product" means a consumerproduct manufactured on or after July I, 2009 that is designed orlabeled for application to wet, damp ordry hairto aid in defining, shaping, lifting, styling and/or sculpting ofthe hair. This includes, but is not limited to, hairbalm, clay, cream, creme, curl straightener, gel, liquid, lotion, paste, pomade, putty, root lifter, serum, spray gel, stick, temporary hair straightener, wax, spray products that aid in styling butdo 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 thehairprior to styling. Forthepurposes ofthis Subpart, "finish" or "finishing" means the maintaining and/or holding ofpreviously styled hair for a period oftime. For thepurposes ofthis Subpart, "styling" means forming, sculpting, ormanipulating the hair to temporarily alter the hair's shape. "Heavy-DutyHand Cleaner or Soap" means aproduct designed 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 orwithout the use of water. The term does not includeprescription drug products, "Antimicrobial Hand or

### 65 Body Cleaner or Soap", "Astringent/Toner", "Facial Cleaner or Soap", "General-use Hand or Body Cleaneror Soap", "Medicated Astringent/Medicated Toner" or "Rubbing Alcohol." "Herbicide" means a pesticide product designed to kill orretard a plant'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 organic material or volatile organic compound that exerts a vapor pressure greaterthan 80 millimeters ofMercury (mm 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 orintended for occupation byindividuals, including the immediate surroundings. "lllinois Sales" means the sales (net pounds ofproduct, Jess packaging and container, per year) in Illinois for eitherthe calendar year immediatelyprior to the year that the registration is due or, ifthat data is not available, any consecutive 12 month period commencing no earlier than two years priorto the due date ofthe registration. Ifdirect sales data for Illinois is not available, sales may be estimated byprorating national or regional sales data bypopulation. "Industrial Use" means use for or in a manufacturing, mining, orchemical process or use in the operation offactories, processing plants, and similar sites. "Insecticide" means a pesticideproduct that is designed for use against insects or other arthropods, but excluding products that are for agricultural use or for a use that requires a structural pest control license under the Structural Pest Control Act [225 JLCS 235}, or restricted materials that require a permit for use and possession. "Insecticide Fogger" means any insecticide product designed to release all ormost ofits content, as a fog ormist, into indoor areas during a single application. "Institutional Product" or "Industrial and Institutional (I&I) Product" means a consumer product that is designed 

### for use in themaintenance or operation ofan establishment that manufactures, transports, or sells goods or commodities, orprovides services for profit, or is engaged in the nonprofitpromotion ofa particularpublic, educational, orcharitable cause. "Establishments" include, but are not limited to, government agencies, factories, schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile service and parts centers, health clubs, theaters, ortransportation companies. This does not include household products and products that are incorporated into orused exclusivelyin the manufacture orconstruction ofthe goods orcommodities 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

### 66 product orconsumerproduct package, for purposes ofbranding, identifying, or giving information with respect to the product orto the contents ofthepackage. "Lacquer" means a clear or opaque wood coating, including clear lacquer sanding sealers, formulated with cellulosic or synthetic resins to dry by evaporation without chemical reaction and to provide a solid, protective film. "Laundry Prewash" means a product that is designed for application to a fabric priorto laundering and that supplements and contributes to the effectiveness oflaundry detergents and/or provides specialized performance. "Laundry Starch Product" means a productthat is designed for application to a fabric, either during or after laundering, to impart and prolong a crisp, fresh look and mayalso act to help ease ironing ofthe fabric. This includes, but is not limited to, fabric finish, sizing, and starch. "Lawn and Garden Insecticide" means an insecticideproduct labeled primarily to be used in household lawn and garden areas to protect plants from insects or other arthropods. Notwithstandingthe requirements ofSection 223.260, aerosol "Lawn and Garden Insecticides" may claim to kill insects or other arthropods. "Liquid" means a substance ormixture ofsubstances that is capable ofa visually detectable flow as determined underASTM D-4359-90, incorporated by reference in Section 223.120, or an equivalent method approved bythe California Air Resources Board. This does not include powders orother materials that are composed entirely of solid particles. "Lubricant" means aproduct designed to reduce friction, heat, noise, orwearbetween moving parts, orto loosen rusted orimmovable parts ormechanisms. This does not include automotivepower steering fluids; products for use inside power generating motors, engines, and turbines, and their associated power-transfer gearboxes; two cycle oils or otherproducts designed to be added to fuels; products for use on the humanbody or animals; orproducts that are sold exclusivelyto establishments that manufacture or construct goods orcommodities, and labeled "not for retail sale." "L VP Content" means the total weight, inpounds, ofLVP compounds in an ACP product multiplied by 100 and divided by the product's total net weight (in pounds, excluding container and packaging), expressed to the nearest 0.1. "L VP-VOM" or "L VP-VOC" means a chemical material ormixture or compound that contains at least one carbon atom and meets one ofthe following: Has a vaporpressure less than 0.1 mm Hg at 20°C, as determined by CARB Method 310, incorporated byreference in Section 223.120; or67

Is a chemical material orcompound with more than 12 carbon atoms, ora chemical mixture comprised solely ofmaterial or a compound with more than 12 carbon atoms as verified by formulation data, and the vapor pressure and boiling point are unknown; or Is a chemical material or compound with aboilingpoint greater than 216°C, as deteimined by CARB Method 310, incorporated by reference in Section 223.120; or Is the weightpercent ofa chemical mixture that boils above 216° C, as determined byCARB Method 310, incorporated byreference in Section 223.120. Forthe purposes ofthe definition ofLVP-VOM, chemical material or compound means a molecule ofdefinite chemical formula and isomeric structure, and chemical mixturemeans a substrate comprised oftwo ormore chemical materials or compounds. "Medicated Astringent/Medicated Toner" means any productregulated as a drug bythe FDAthat is applied to the skin for the purpose ofcleaning ortightening pores. This includes, but is not limitedto, clarifiers and substrate-impregnated products. The term does not include hand, face, orbody cleaner or soap products, "Astringent/Toner", cold cream, lotion, antiperspirants, orproducts that mustbepurchased with a doctor's prescription. "Medium Volatility Organic Material" or "MVOM" or "Medium Volatility Organic Compound or "MVOC"means any volatile organic material orvolatile organic compound that exerts a vapor pressure greater than two mm Hg and less than orequal to 80 mm Hgwhen measured at 20°C. "Metal Polish/Cleanser" means any product designed primarily to improve the appearance offinished metal; or metallic; or metallized surfaces byphysical or chemical action. To "improvethe appearance" means to remove orreduce stains, impurities, or oxidation from surfaces orto make surfaces smooth and shiny. This includes, but is not limited to, metal polishesused on brass, silver, chrome, copper, stainless steel and other ornamental metals. Theterm does not include "Automotive Wax, Polish, Sealant or Glaze", wheel cleaner, "Paint Remover or Stripper", products designed and labeled exclusively for automotive and marine detailing, orproducts designed for use in degreasing tanks. "Mist Spray Adhesive" means any aerosol which is not a specialpurpose spray adhesive and that delivers aparticleormist spray, resulting in the formation offine, discrete particles that yield a generallyuniform and smooth application ofadhesive to the substrate. "Multi-Purpose Dry Lubricant" means any lubricant designed and labeled to provide lubricityby depositing a thin film ofgraphite, molybdenum disulfide (moly), or

### 68 polytetrafluoroethylene or closelyrelated fluoropolymer (Teflon) on surfaces, and designed for general purpose 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 tenn does not include "Multi-purpose Dry Lubricants", "Penetrants", or "Silicone-based Multi-pmpose Lubricants." "Multi-Purpose Solvent" means any organic liquid designed to be used for a variety of purposes, including cleaning ordegreasing ofa variety ofsubstrates, orthinning, dispersing or dissolving other organic materials. This includes solvents used in institutional facilities, except for laboratory reagents used in analytical, educational, research, scientific or other laboratories. This does not include solventsused in cold cleaners, vapor degreasers, conveyorized degreasers or film cleaning machines, or solvents that are incorporated into, orused exclusively in the manufacture or construction ofthe goods or commodities at the site ofthe establishment. "Nail Polish" means any clearorcolored coatingdesigned for application to the fingernails ortoenails, includingbut not limitedto lacquers, enamels, acrylics, base coats and top coats. "Nail PolishRemover" means aproduct designed to remove nail polish and coatings from fingernails ortoenails. "Non-Aerosol Product" means anyconsumerproduct that is not dispensed by a pressurized spray system. ''Non-Carbon Containing Compound" means any compound that does not contain any carbon atoms. "Nonresilient Flooring" means flooring ofamineral content that is not flexible. This includes terrazzo, marble, slate, granite, brick, stone, ceramic tile and concrete. ''Non-Selective Terrestrial Herbicide" means a terrestrial herbicide product that is toxic to plants without regard to species. "Oven Cleaner"means any cleaningproductdesigned to clean and to remove dried food deposits from oven walls. "Paint" means any pigmented liquid, orliquefiable ormastic composition designed for application to a substrate in a thin layer that is converted to anopaque solid film after application and is used for protection, decoration oridentification, orto serve some functional purpose such as the filling or concealing ofsurface irregularities orthe modification oflight and heat radiation characteristics. "Paint RemoverorStripper" means any product designed to strip orremove paints or otherrelated coatings, bychemical action, from a substrate without markedly affecting

### 69

the substrate. This does not include "Multi-purpose Solvents", paintbrush cleaners, products designed and labeled exclusively as "Graffiti Removers", andhand cleaner products that claim to remove paints and otherrelated coatings from skin. "Penetrant" means a lubricant designed and labeledprimarilyto loosen metal parts that have bonded together due to rusting, oxidation, or other causes. The term does not include "Multi-purpose Lubricants" that claimto have penetratingqualities, but are not labeled primarilyto loosen bonded parts. "Personal FragranceProduct" means anyproduct that is applied to ihe human body or clothingfor the primarypurpose ofadding a scent ormasking a malodor, including cologne, perfume, aftershave, and toilet water. This does not include**"Deodorant",~** medicated products designed primarily to alleviate fungal orbacterial growth on feet or other areas ofthe body; mouthwashes and breath fresheners and deodorizers; lotions, moisturizers, powders or other skin careproducts usedprimarilyto alleviate skin conditions such as dryness and irritations; products designed exclusively for use on human genitalia; soaps, shampoos, and products primarilyused to clean the human body; and fragrance products designed to beused exclusively on non-human animals. "Pesticide" means and includes any substance or mixture ofsubstances labeled, designed, orintended for use in preventing, destroying, repelling ormitigating any pest, or any substance ormixture ofsubstances labeled, designed, or intended for use as a defoliant, desiccant, orplant regulator, provided that the term "Pesticide"will not include any substance, mixture ofsubstances, ordevice the United States Environmental Protection Agency does not considerto be a pesticide. "Photograph Coating" means a coating designed and labeled exclusivelyto be applied to fmished photographs to allow corrective retouching, protection ofthe image orchanges in gloss level, or to coverfingerprints. "Pressurized Gas Duster" means a pressurized product labeled to remove dust from a surface solelybymeans ofmass air or gas flow, including surfaces such as photographs, photographic film negatives, computerkeyboards, and othertypes ofsurfaces that cannot be cleaned with solvents. This does not include "DustingAid". "Principal Display Panel orPanels" means that part, orthoseparts, ofa label that are so designed as to mostlikelybe displayed, presented, shown or examinedunder normal and customary conditions ofdisplay orpurchase. Whenever aprincipal display panel appears more than once, all requirements pertaining to the "Principal Display Panel" shall pertain to all such "Principal DisplayPanels." "Product Brand Name" means the name ofthe product exactly as it appears onthe principal display panel ofthe product. "ProductCategory" means the applicable category, defined in this Section and limited in Section 223.205(a), whichbest describes the product.70

"Product Form" for thepurpose 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 "Product Line"means a group ofproducts ofidentical form and function belonging to the same product category or categories. "Pump Spray" means a packaging system in which theproduct ingredients within the container are not underpressure and in whichthe product is expelled only while a pumping action is applied to abutton, trigger or other actuator. "ResponsibleACP Party" means the company, frrm or establishment listed on the ACP product's lal:iel. Ifthe label lists two ormore companies, frrms, or establishments, the "ResponsibleACP Party" is theparty the ACP product was "manufactured for" or "distributed by", as noted on the label. "Restricted Materials" meanspesticides established as restricted materials under applicable Illinois statutes orregulations. "Roll-On Product" means any antiperspirant or deodorant that dispenses active ingredients byrolling a wettedball orwetted cylinder on the affected area. "Rubber and Vinyl Protectant" means anyproduct 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 productsprimarily designed to clean the wheel rim, such as aluminum ormagnesium wheel cleaners, and tire cleanersthat do not leave an appearance-enhancing or protective substance onthe tire. "Rubbing Alcohol" means anyproduct containing isopropyl alcohol {also called isopropanol) ordenatured ethanol and labeled for topical use, usually to decrease germs in minor cuts and scrapes, to relieve minormuscle aches, as a rubefacient, and for massage. "RustPreventive Coating" means a coating formulated exclusively for nonindustrial use to preventthe corrosion ofmetal surfaces and labeled as specifred 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 coatthat canbe abraded to

### 71

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 in the "Lacquer" category. "Sealant and Caulking Compound" means any product with adhesiveproperties that is designed to fill, seal, waterproof, orweatherproofgaps orjoints betweentwo surfaces. This does notinclude roofcements and roofsealants, insulating foams, removable caulking compounds, Clear/paintable/water resistant caulking compounds, floor seam sealers, products designed exclusively for automotive uses, orsealers that are applied as continuous coatings. The term also does not include units ofproduct, less packaging, that weigh more than one pound and consist ofmore than 16 fluid ounces. Forthe purposes ofthis definition only, "removable caulking compounds" means a compound that temporarily seals windows ordoors for three to six month time intervals. "Clear/paintable/waterresistant caulking compound" means a compound that contains no appreciable level ofopaque fillers orpigments; transmits most orall visible light through the caulk when cured; is paintable; and is immediatelyresistant to precipitation upon application. "Semisolid" means a productthat, at room temperature, will not pour, but will spread or deform easily, including but notlimited to gels, pastes, and greases. "Shaving Cream" means an aerosol productthat dispenses a foam lather intended to be used with a blade orcartridge razor, or other wet-shaving system, in the removal offacial or other body hair. The term does not include "Shaving Gel". "Shaving Gel" means an aerosol product which dispenses a post-foaming semisolid designed to be used with a blade, cartridge razor, or other shaving system in the removal offacial orotherbody 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, butnot limited to, polydimethylsiloxane, and designed and labeled for general purpose lubrication, orfor use in a wide variety ofapplications. The term does not include products designed and labeled exclusively to release manufactured products from molds. "Single Phase Aerosol Air Freshener" means an aerosol air freshener withthe liquid contents in a single homogeneous phase and that does not require that the product containerbe shaken beforeuse. "Solid" means a substance ormixture ofsubstances-that, either whole or subdivided (such as the particles comprising a powder), is not capable ofvisually detectable flow as determined under ASTM D4359-90, incorporated by reference in Section 223.120, or an equivalent method approved bythe California AirResources Board.72 "Special Purpose SprayAdhesive" means an aerosol adhesive that meets any ofthe following definitions: "Mounting Adhesive" means an aerosol adhesive designed to permanently mount photographs, artwork, and any other drawn orprinted media to a backing (paper, board, cloth, etc.) without causing discoloration to the artwork. "Flexible Vinyl Adhesive" means an aerosol adhesive designed to bond flexible vinyl to substrates. Flexiblevinyl means a nonrigid polyvinyl chloride plastic with at least five percent, byweight, ofplasticizer content. A plasticizer is a material, such as a high boilingpoint organic solvent, that is incorporated into a plastic to increase its flexibility, workability, ordistensibility, and maybe determined using ASTM E260-96, incorporatedbyreference in Section 223.120, orfrom product formulation data or an equivalentmethod approved by the CARB. "Polystyrene FoamAdhesive" means an aerosol adhesive designed to bond polystyrene foam to substrates. "Automobile Headliner Adhesive" means an aerosol adhesive designed to bond together layers in motor vehicle headliners. "Polyolefin Adhesive" means an aerosol adhesive designed to bond polyolefins to substrates. "Laminate Repair/Edgebanding Adhesive" means an aerosol adhesive designed for: The touch-up or repair ofitems laminated with high pressure laminates (e.g., lifted edges, delaminates, etc.); or The touch-up, repair, or attachment ofedgebandingmaterials, including but not limited to otherlaminates, synthetic marble, veneers, wood molding, and decorative metals. Forthe purposes ofthis definition "high pressure laminate" means sheet materials that consist ofpaper, fabric, or other core material that have been laminated at temperatures exceeding 265° F, and at pressures between I,000 and I,400 psi. "Automotive Engine CompartmentAdhesive" means an aerosol adhesive designed for use in motor vehicle under-the-hood applications which require oil and plasticizerresistance, as well as high shear strength, at temperatures of200 to 275° F. "Spot Remover" means any product labeled to clean localized areas, orremove localized73
spots or stains on cloth orfabric such asdrapes, carpets, upholstery, and clothing, that does notrequire subsequent laundering to achieve stainremoval. This does not include "Dry Cleaning Fluid", "Laundry Prewash", or "Multi-Purpose Solvent." "Spray BuffProduct" means aproduct designed to restore a worn floor finish in conjunction with a floor buffmg machine and special pad. "Stick Product" means any antiperspirant ordeodorant that contains active ingredients in a solid matrix form, and that dispenses the active ingredients by frictional action on the affected area. "Structural WaterproofAdhesive" means an adhesive whose bond lines are resistant to conditions ofcontinuous immersion in fresh or salt water and that conforms with Federal Specification MMM-A-181D (Type I, Grade A), incorporated byreference in Section 223.120, and MIL-A-4605 (Type A, Grade A and Grade C), per the Federal Consumer ProductsRegulation (40 CFR 59, subpart C), incorporatedbyreference in Section 223.120. "Terrestrial" means to live on or grow from land. "Tire Sealant and Inflation" means anypressurized productthat is designed to temporarily inflate and seal a leaking tire. "Toilet/Urinal Care Product" means anyproduct designed or labeled to clean and/or to deodorize toilet bowls, toilet tanks, orurinals. Toiletbowls, toilet tanks, or urinals include, but are not limited to, toilets orurinals connected to permanentplumbing in buildings and other structures, portable toilets orurinals placed at temporary or remote locations, and toilets orurinals invehicles such as buses, recreational motor homes, boats, ships, and aircraft. This does not include "Bathroom and Tile Cleaner" or "General Purpose Cleaner." "TypeA Propellant" means a compressed gas, such as C02, N2, N20, orcompressed air that is used as a propellant, and is either incorporated with the product or contained in a separate chamber within the product's packaging. 'TypeB Propellant" means any halocarbon that is used as a propellant including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs). "TypeC Propellant" means any propellant thatis not a Type A or Type B propellant, includingpropane, isobutane, n-butane, and dimethyl ether (also known as dimethyl oxide). "Undercoating" means any aerosol product designed to impart a protective, non-paint layer to the undercarriage, trunk interior, and/or frrewall ofmotorvehicles to preventthe74

formation ofrust orto deaden sound. This includes, but is not limitedto, rubberized, mastic, or asphaltic products. "Usage Directions" means the text orgraphics on the product's principal display panel, label, or accompanying literature that describes to the end userhow and in what quantity theproduct is to be used. "Yinyl/Fabric/Leather/Polycarbonate Coating" means a coating designed and labeled exclusively to coat vinyl. fabric. leather, orpolycarbonate substrates. "YOM Content" means, for purposes ofthis Subpart, except for charcoal lighter products, the total weight ofYOM in aproduct expressed as a percentage ofthe product weight (exclusive ofthe container orpackaging), as determined pursuantto Section 223.285(a) and (b). Forcharcoal lighter material products only,
"OC C (Certified Emissions x 100) '• mllent

### ='--"----,---,------'- Certified Use Rate Certified Emissions

Certified Use Rate The emissions level for products approved by the Agencyunder Section 223.220, as determined pursuantto South CoastAir Quality Management District Rule 1174, Ignition Method Compliance Certification Protocol (February 27, 1991), incorporatedbyreference in Section 223.120, expressed to the nearest 0.001 pound CH2per start.

The usage level for products approved bythe Agency under Section 223 .220, as determined pursuant to South Coast Air Quality Management District Rule 1174, Ignition Method Compliance Certification Protocol (February 27, 1991), incorporatedbyreference in Section 223.120,_expressed to the nearest 0.001 pound certified productused per start. Forpurposes ofSubpart C ofthis Part, "YOM Content" means the weight of YOM pervolume ofcoating, calculated according to the procedures specified in Section 223.340(a). "Wasp and Hornet Insecticide" means any insecticideproduct that is designed for use against wasps, hornets, yellowjackets orbees by allowing the user to spray from a distance a directed stream orburst at the intended insects, ortheir hiding place.75 "Waterproofer"means a product designed and labeled exclusivelyto repel water from fabric orleather substrates, excluding "Fabric Protectants". "Wax" means a material orsynthetic thermoplastic substance generally ofhigh molecular weight hydrocarbons orhigh 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 camuba wax and beeswax, substances ofa mineral origin such as ozocerite and paraffin, and synthetic polymers such as polyethylene. "Web SprayAdhesive" means any aerosol adhesive that is not a mist spray or special purpose spray adhesive. "Wood Cleaner" means aproduct labeled to cleanwooden materials, including but not limited to decking, fences, flooring, logs, cabinetry, and furniture. The term does not include "Dusting Aid", "General Purpose Cleaner", "FurnitureMaintenance Product", "FloorWax Stripper", "Floor Polish orWax", orproducts designed and labeled exclusivelyto preserve or color wood. "WoodFloor Wax" means wax-based products for use solely on wood floors. (Source: Amended at 36 Ill. Reg.

____ , effective-------'

Section 223.205 Standards a) Except as provided in Section 223.207, 223.230, 223.240, or 223.245, no person shall sell, supply, offer for sale, ormanufacture for sale in Illinois any consumer product manufactured on orafter the date specified below.ffily 1, 2QQ9 that contains VOMs in excess ofthe limits specified in this subsection: Julv 1, 2009 July I, 2012 %VOM %VOM Affected Product 

### % VOMbv Weight bv Weight 

## ll Adhesive Removers 

## hl Floor orWall Covering 

### ID Gasket orThread Locking 

## g General Pumose 

### ill Specialty 70 

## f.+) Adhesives- SprayA) B) Mist Spray Web Spray 76

65 55 C) Special Purpose Spray Adhesives i) Mounting, Automotive Engine Compartment, and FlexibleVinyl 70 ii) Polystyrene Foam and Automotive Headliner 65 iii) Polyolefin and Laminate RepairiEdgebanding 60 J.;;1,) Adhesives

- Construction, Panel and Floor Contact 15 

## :!l Adhesives

- Contact A} General Purpose 

### ID Special Purpose 2J) Adhesives

- General Purpose §_4) Adhesives- Structural Waterproof**1~)** Air Fresheners A) Single-Phase Aerosol B) Double Phase Aerosol C) Liquids 

### I Pump Sprays D) Solids 

### I Gel 

## .S.e) Antiperspirants A) Aerosol
B) Non-Aerosol 10 15

30 

### 25 18 3

40HVOM 10MVOMHVOM

OHVOMMVOM OMVOM

### 77 

## 2l Anti-static Product, Non-Aerosol 

### ll 10-1) Automotive Brake Cleaners 45 

### ll&) Automotive Rubbing or Polishing Compound 

### 17 

### ll9) Automotive Wax, Polish, Sealant, or Glaze A) Hard Paste Waxes 45 B) Instant Detailers 3 C) All Other Forms 15 

### UW) Automotive Windshield WasherFluids 35 14±+) Bathroom and Tile Cleaners A) Aerosol 

### 7 B) All OtherForms 5 

### J2H) Bug and TarRemover 40 

### 16H) Carburetoror Fuel-InjectionAir Intake Cleaners 45 11+4) Carpet and Upholstery Cleaners A) Aerosol 

### 7 B) Non-Aerosol (Dilutables) 0.1 C) Non-Aerosol (Ready-to-Use) 3.0 .lliH) Charcoal Lighter Material see Section 223.220 l2_+4) Cooking Spray- Aerosol 18 20-1-+) Deodorants A) Aerosol OHVOM IOMVOMHVOM B) Non-Aerosol OHVOMMVOM OMVOM78 fl.+&) Dusting Aids A) Aerosol 25 B) All Other Forms 7 

# m Electrical Cleaner 45



## ill Electronic Cleaner 75 24+9) Engine Degreasers A) Aerosol 35 B) Non-Aerosol 5 25;w) Fabric Protectants 60 fQ} Fabric Refresher A} Aerosol 

### li ID Non-Aerosol 

### Q**27~)** FloorPolishes 

### I Waxes A) Products for Flexible Flooring Materials 7 B) Products for NonresilientFlooring 10 C) Wood Floor Wax 90**28~)** FloorWax Strippers see Section 223.209 

# w Footwearor Leather Care Products A} Aerosol 75 

### ID Solid 55 

## g OtherForrns 

### li 30;g) Furniture Maintenance Products A) Aerosol 1779
B) All OtherForms Except Solid or Paste 7 

### J1_;!4) General Purpose Cleaners A) Aerosol 10 B) Non-Aerosol 4**32~)** General PurposeDegreasers A) Aerosol 50 B) Non-Aerosol 4 33;!<;) Glass Cleaners A) Aerosol 12 B) Non-Aerosol 4 

### .ill Graffiti Remover 

## .tJ. Aerosol 50 

### ID Non-Aerosol 30 35;J..i.) HairMousses 6 36,2,&) Hairshines 55 37;!9) Hairsprays 55**38~)** Hair Styling Gels 6 

# m Hair Stvling Products 

## .tJ. Aerosol and Pump Sprays 

### Q 

### ID All OtherForms 

### l 4@) HeavyDuty Hand Cleaner or Soap 8**41~)** Insecticides A) Crawling Bug (Aerosol) 1580 B) Crawling Bug (All Other Forms) 20 C) Flea and Tick 25 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) All Other Forms 5**43~)** Laundry Starch Products 5 4435) Metal Polishes ICleansers 30 45Je) Multi-Purpose Lubricant (Excluding Solid or Semi-Solid Products) 50 4@1-) Nail Polish Removers 75**47~)** Non-Selective Terrestrial Herbicide- Non-Aerosol 3 48J9) Oven Cleaners A) Aerosols I Pump Sprays 8 B) Liquids 5 49<W) Paint Removers or Strippers 50 504-1-) Penetrants 50**.2.!.~)** Rubber and Vinyl Protectants A) Aerosol 10

### 81

B) Non-Aerosol 3**52~)** Sealants and Caulking Compounds 4 5344) Shaving Creams 

### 5 54) Shaving Gel**55~)** Silicone-Based Multi-Purpose Lubricants (Excluding Solid or Semi-Solid Products) 60 5646) Spot Removers A) B) Aerosol Non-Aerosol 574+) Tire Sealants and Inflators 584&) Undercoatings- Aerosols 59) Wood Cleaner Aerosol Non-Aerosol 25 8 20 

### 40 

## 1

11

b) No person shall sell, supply, offer for sale, ormanufacture 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) Carbon Tetrachloride

### 82 Trichloroethylene Chloroform Vinyl Chloride Inorganic Arsenic Nickel (metallic nickel and inorganic nickel compounds) Perchloroethylene Formaldehyde I,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 36 Ill. Reg.

_____ ,, effective---------"

Section 223.207 Products Registered underFIFRA Forthose consumerproducts that are registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 USC 136 through 136y), incorporated byreference in Section 223.120, the effective date ofthe YOM standards will be one year after the effective date specified in Section 223.205JHI)' I, 2QJQ. (Source: Amended at 36 Ill. Reg.

___ , effective

__ _,

Section 223.208 Requirements for Aerosol Adhesives a) As specified in California Code§ 41712(h)(2), incorporated by reference in Section 223.120, the standards for aerosol adhesives apply to all uses ofaerosol adhesives, including consumer, industrial, and commercial uses. Except as otherwise provided 

### in Sections 223.207,223.230,223.240, and 223.245, no person shall sell, supply, offer for sale, use ormanufacture for sale in Illinois any aerosol adhesive that, at the time ofsale, use, ormanufacture, contains VOMs in excess ofthe specified standard. b) Special Purpose SprayAdhesive.83 I) In orderto qualify as a Special Purpose Spray Adhesivethe productmust meet one ormore ofthe definitions for Special Purpose Spray Adhesive specified in Section 223.203, but ifthe product label indicates that the product is suitable for use on any substrate or application not listed in one ofthe defmitions for Special Purpose Spray Adhesive, then the product shall be classified as either a Web SprayAdhesive or a Mist Spray Adhesive. 2) Ifaproductmeets more than one ofthe definitions specified in Section 223.203 for Special Purpose SprayAdhesive and is not classified as a Web SprayAdhesive orMist SprayAdhesive under Section 223.203, then the VOC limit for the product shall be the lowest applicable VOM limit specified in Section 223.205(a). c) Effective July I, 2009, no person shall sell, supply, offer for sale, ormanufacture for use in Illinois any aerosol adhesive that contains any ofthe following compounds: methylene chloride, perchloroethylene, ortrichloroethylene. These requirements do not apply to any Aerosol Adhesive containing methylene chloride. perchloroethylene, ortrichloroethylene that is present as an impurity in a combined amount egual to orless than 0.01% by weight. d) All aerosol adhesives must complywith the labeling requirements specified in Section 223.265. (Source: Amended at 36 Ill. Reg.

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Section 223.211 Requirements for Adhesive Removers, Aerosol Adhesives, Contact Adhesives, Electrical Cleaners,Electronic Cleaners, Footwear or Leather Care Products, General PurposeDegreasers, and Graffiti Removers 

## J!.l No person shall sell. supply, offer for sale. ormanufacture for use in Illinois any Adhesive Removers. ContactAdhesives, Electrical Cleaners. Electronic Cleaners, FootwearorLeather Care Products. General Puroose Degreasers. and Graffiti Removers manufactured on or after July I. 2012, that contain any ofthe following compounds: methylene chloride, perchloroethylene. ortrichloroethylene 

## hl Impurities The requirements ofSection 211 (a) do not apply to any Adhesive Removers. Contact Adhesives. Electrical Cleaners. Electronic Cleaners. Footwear or Leather Care Products. General Pumose Degreasers. and Graffiti Removers containing methylene chloride. perchloroethylene. ortrichloroethylene that is present as an impurity in a combined amount egual to or less than 0.01% byweight.

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(Source: Added at 36 Ill. Reg.

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SUBPART C: ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS

Section 223.305 Applicability This Subpart is applicable to anyperson who supplies, sells, offers for sale, ormanufactures any architectural coating for use within the State ofIllinois, as well as any person who applies or solicits the application ofany architectural coating within Illinois. This Subpart does not apply to: a) Any architectural coating that is sold ormanufactured for use outside ofthe State ofIllinois orfor shipmentto other manufacturers for reformulation or repackaging. b) Any aerosol coating product. c) Any architectural coating that is sold in a container with a volume ofone liter (1.057 quart) or less. Forthe purposes ofthis subsection the volume of architectural coating in a container shall be considered the total volume ofcoating that is packaged as unit ofretail sale orfor use bythe consumer. (Source: Amended at 36 Ill. Reg.

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IT IS SO ORDERED. I, John 

### T. Therriault, Assistant Clerk ofthe Illinois Pollution Control Board, certify that the Board adopted the above order on January 5, 2012, by a vote of

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John T. Theniault, Assistant Clerk Illinois Pollution Control Board