ILLINOIS POLLUTION CONTROL BOARD 

January 5, 2012 

IN THE MATTER OF: ) 

) 

AMENDMENTS TO 35 ILL. ADM. CODE ) 

PART223: STANDARDSAND ) 

LIMITATIONS FOR ORGANIC MATERIAL) 

EMISSIONS FOR AREA SOURCES ) 

Proposed Rule. First Notice. 

R12-8 

(Rulemaking - Air) 

OPINION AND ORDER OF THE BOARD (by T.A. Holbrook): 

!EPA ATIACHMENT NO. _!j_ 

For first-notice publication in the lllinois Register, the Board today proposes amendments 

to its Part 223 air pollution regulations. 35 Ill. Adm. Code 223. The Illinois Environmental 

Protection Agency (Agency or Illinois EPA or !EPA) initiated this proceeding by filing a 

rulemaking proposal on July 13, 20 II. The Agency's proposed amendments intend to reduce 

emissions of volatile organic material (YOM) from various consumer and commercial products 

and aerosol coatings. 

After conducting two public hearings in this matter and considering the entire record, the 

Board proposes for first notice the amendments to Part 223 described below in this opinion and 

order. Publication of these proposed amendments in the Illinois Register will 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 of this 

rulemaking before briefly summarizing the Agency's original proposal and the testimony of the 

Consumer Specialty Products Association (CSPA), the only other entity testifying in this 

proceeding. After addressing a preliminary issue, the Board then 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 

of technical feasibility and economic reasonableness, the Board makes its findings on them. The 

Board then provides a section-by-section summary of the 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 of the Board's air 

pollution regulations. See 35 Ill. Adm. Code 223. Accompanying the proposal were documents 

including a Statement of Reasons (SR) and a Technical Support Document (TSD). The TSD 

listed as references two documents: the first an "Initial Statement of Reasons 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) by the 

Califomia Air Resources Board (CARB] released May 7, 2004; and the second the Agency's 

own "Illinois Ozone Emissions Inventory for 2008" (Inventory). The Agency also submitted as 

a source it had relied upon in drafting its proposal the "Final Draft of the Model Rule for 

Consumer Products" (Model Rule) prepared by the Ozone Transport Commission (OTC) 1 and 

dated September 13, 2006. The Agency's proposal also included a motion for waiver of 

specified copy requirements. 

In an order dated August 4, 2011, the Board accepted the Agency's proposal for hearing 

and granted the Agency's motion for waiver of copy requirements. Also on August4, 2011, the 

hearing officer issued an order scheduling a first hearing in Springfield on October 6, 20 II, with 

a deadline of September 22, 2011 to pre-file testimony; and a second hearing in Chicago on 

November 17, 2011, with a deadline of November 3, 2011, to pre-file testimony. 

On September 22, 2011, the Agency pre-filed testimony by Mr. Rory Davis (Davis Test.). 

On September 26, 20 II, CSPA pre-filed testimony by Mr. Joseph T. Yost (Yost Test.). 

The first hearing took place as scheduled on October 6, 20 II, in Springfield, and the 

Board received the transcript (Tr.l) on October 11, 20 II. During the first hearing, the hearing 

officer admitted into the record a single exhibit, the pre-filed testimony of Mr. Davis (Exh. 1). 

Tr.1 at 8. 

The second hearing took place as scheduled on November 17, 2011, in Chicago, and the 

Board received the transcript (Tr.2) on November 18, 2011. During the second hearing, the 

hearing officer admitted into the record two exhibits: a list of sources potentially affected by the 

Agency proposal (Exh. 2; see Tr.l at 12-13); and the pre-ftled testimony of Mr. 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) of the Act (415 ILCS 5/27(b) (2010)) the Board requested 

in a letter dated August 4, 2011, that the Department of Commerce and Economic Opportunity 

(DCEO) conduct an economic impact study (EIS) of the Agency's rulemak:ing proposal. The 

Board asked DCEO to determine by September 15, 20 II, 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 opportunity to testify 

regarding the request and response, no participant offered testimony. See id. 

1 The Ozone Transport Commission includes the States of Connecticut, Delaware, Maine, 

Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, 

Vermont, and Virginia, and the District of Columbia. TSD at 8. 
3 

On December 14, 2011, the Board received post-hearing comments from the following 

entities: CSPA (PC 1 ); Chicago Aerosol, Bridgeview Facility (Chicago Aerosol) (PC 2); the 

Agency (PC 3); and Claire Manufacturing Company (Claire) (PC 4). 

Filing Public Comments 

First-notice publication of these proposed amendments in the Illinois Register will start a 

period of at least 45 days during which any person may file a public comment with the Board, 

regardless of whether the person has already filed a public 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, should be indicated on 

the public comment. 

Public comments must be filed with the Clerk of the Board at the following address: 

Pollution Control Board 

John T. Therriault, Assistant Clerk 

James R. Thompson Center 

100 W. Randolph Street, Suite 11-500 

Chicago, IL 6060 I 

Public comments may be filed electronically through the Board's Clerk's Office On-Line, 

or COOL, at www.ipcb.state.il.us. Any questions about electronic filing through COOL should 

be directed to the Clerk's Office at (312) 814-3629. 

Please note that all filings with the Clerk of the Board must be served on the hearing 

officer and on those persons on the Service List for this rulemaking. Before filing any document 

with the Clerk, please check with the hearing officer or the Clerk's Office to verify the most 

recent version of the Service List 

SUMMARY OF ORIGINAL PROPOSAL 

The Agency stated that "[o]zone is not emitted directly by most sources." SR at I. The 

Agency further stated that precursors such as VOM2

, nitrogen oxides, and carbon monoxide 

react in the presence of direct sunlight and high ambient temperatures to form ozone. I d., citing 

TSD at 7. The Agency stated that, "[a]s a powerful oxidant, ozone reacts readily with a wide 

range of substances." SR at 2, citing TSD at 7. The Agency added that, in humans, ozone 

irritates the respiratory system "and may damage lung and other tissues." SR at 2, citing TSD at 

7. 

2 The Agency stated that, although it uses the term "volatile organic materials" or "YOM," and 

the United States Environmental Protection Agency uses "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 existing provisions of Part 223 reduce "YOM emissions by 

putting limits on the YOM contents of numerous consumer products." SR at 2; see 35 Ill. Adm. 

Code 223; TSD at 5, 7. The Agency noted that the United States Environmental Protection 

Agency (USEPA) has defined "consumer products" as "any household or institutional product 

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

packaging) held by any person, the use of which may result in the release of volatile organic 

compounds." TSD at 9, citing 40 C.F.R. § 59.202; SR at 2. The Agency elaborated that 

[ c ]onsumer and commercial products are chemically formulated products 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; but does not include other paint products, furniture 

coatings, or architectural coatings. Consumer and commercial products also 

includes aerosol adhesives, including aerosol adhesives used for consumer, 

industrial, and commercial uses. TSD at 9. 

The Agency stated that retail customers purchase hundreds of these products for personal, 

household, or automotive use, and they are also "marketed by wholesale distributors for use in 

commercial or industrial settings such as beauty shops, schools, and hospitals." !d. The Agency 

claimed that consumer products account on an annual basis for approximately 9.98% of the total 

anthropogenic YOM emissions in Illinois, approximately 9.80% in the Metro East nonattainment 

area (NAA), and approximately 13.56% in the Chicago NAA. TSD at 9, II; see SR at 2. 

The Agency stated that the Board adopted Part 223 in 2009. See Standards and 

Limitations for Organic Material Emissions for Area Sources Proposed New 35 Ill. Adm. Code 

Part 223, ROS-17 (May 7, 2009); see also 33 Ill. Reg. 8224 (June 19, 2009); TSD at 5. The 

Agency stated that these limits mirrored 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 Consumer Products that were in tum based on the consumer product YOM limits in [] 

California's Midterm Measures II rules and the 2004 amendments to those rules." SR at 3, citing 

TSD at 5; see Davis Test. at 2; see generally Model Rule, ISOR. The Agency noted that the 

Board did not adopt limits for a number of categories on the basis that the Agency had not 

provided adequate technical support for them. SR at 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." SR at 3; TSD at 5; see generally Model Rule, ISOR. The Agency stated that, with the 

exceptions of toilet/urinal care products and solid/gel room air fresheners, it sought to adopt 

limits for those categories as it had originally proposed. SR at 3, citing TSD at 5; see Davis Test. 

at I, 2. The Agency argued that these proposed limits will help maintain the 8-hour ozone 

National Ambient Air Quality Standard for zone as required by the Clean Air Act. TSD at 7. 

More specifically, the Agency sought to amend Part 223 to "include limits in percent 

YOM by weight for adhesive removers, contact adhesives, non-aerosol antistatic products, 

electrical cleaners, engine degreasers, fabric refreshers, footwear or leather care products, graffiti 

removers, hair styling products, shaving gels, and wood cleaners." SR at 3; see TSD 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 of additional categories to 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 of these reductions have already taken place due to nationwide compliance by many of 

the larger manufacturers of these products with the California or OTC rules." SR at 4, citing 

TSD at 18. The Agency also proposed a clarification of the existing Architectural and Industrial 

Maintenance rule in order to clarify and simplify compliance. SR at 1, 4. 

SUMMARY OF CSPA TESTIMONY 

CSP A 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. 

CSP A reported that 42 of its 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. CSP A states that its members manufacture and market 

products in more than two-thirds of the categories covered by current Illinois regulations and the 

Agency's proposal. !d. at 5; Tr.2 at 6. 

In his pre-filed testimony on behalf of the CSPA, Mr. Yost expressed "general support 

for the Illinois EPA's proposed regulation because it is consistent with the Ozone Transport 

Commission's Model Consumer Products Rule." Yost Test. at I; see Tr.2 at 10-11. He stated 

that CSPA members "strongly support the promulgation of regionally consistent regulations for 

consumer products throughout the Midwest and East Coast." Yost Test. at 6. He added that 

adoption of the Agency's proposal would "promulgate stringent regulatory standards that are 

consistent with the volatile organic compound (VOC) limits established by final regulations 

promulgated in Midwest and East Coast states:" Ohio, Michigan, Indiana, Connecticut, 

Delaware, Maryland, Massachusetts, Maine, New Jersey, New York, Pennsylvania, Rhode 

Island, and Virginia. I d. at I, 3 (citations omitted); see Tr.2 at 10-1 I. 

CSPA expressed strong belief that interstate commerce should not be burdened by 

regulations that vary from state to state. See Yost Test. at 6. CSP A argued that consistent 

regulations particularly benefit "small- and medium-sized businesses since these companies 

generally lack the staff resources to ensure that the companies' products comply with a 

patchwork of different (and potentially conflicting) state-specific requirements." I d. at 6; see 

Tr.2 at 9-10. 

CSPA sought to make three specific revisions to Section 223.211 of the Agency's 

proposal. CSPA also offered a "technical revision" of the table of standards in Section 223.205. 

During the second hearing, CSP A proposed two changes to the Agency's proposal: an 

amendment to the definition of"existing product" in Section 223.203, and an amendment to the 

effective date for products regulated under the Federal Insecticide, Fungicide, and Rodenticide 

Act (FIFRA) in Section 223.207. The Board addresses these suggested revisions below in the 

section-by-section summary of its 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 Register had 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 of 40 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 of 0 HYOM and I 0 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 both refer to MYOM. !d. 

The Agency moved that the Board propose 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 of this rulemaking proceeding 12-8." Tr.l at 10. 

The Board has reviewed the substance of the 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 of those subsections in the Illinois Register on June 19, 2009. The Board can 

only attribute this discrepancy to inadvertent error. The Board agrees that the Agency's 

proposed amendment is supported by the 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 submit its 

amendment to first-notice publication. See 35 Ill. Adm. Code 101.500(d). Accordingly, the 

Board grants the Agency's motion and in its order below 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 YOM regulations define "adhesive" to mean 

3 "HYOM" and "MYOM" refer to "high volatility organic material" and "medium volatility 

organic material," respectively. 35 Ill. Adm. Code 225.203 (Definitions). 
7 

any product that is used to bond one surface to another by attachment. This does 

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

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

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

product, less packaging, that consist of more than one gallon. For 'Construction, 

Panel, and Floor Covering Adhesive', and 'General Purpose Adhesive', 

'Adhesive' does not include units of product, less packaging, that weigh more 

than one pound and consist of more than 16 fluid ounces. This limitation does not 

apply to aerosol adhesives. 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 of one or more tackifying polymers and/or resins [resin] dissolved in a 

variety of solvents for the purpose of forming a physical bond between two materials." !d. With 

evaporation of the 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 secure bond" between two materials. !d. Some of these reactive adhesives, such 

as epoxies, require mixture of adhesive and hardener to form a physically reactive bond. !d. 

With other reactive adhesives, the hardener may be heat, moisture, or ultraviolet light. !d. In 

addition, there exist hybrid systems which incorporate both evaporative and reactive adhesive 

technologies. I d. Finally, there are also "hotmelt" adhesives, which "are I 00 percent solids, 

heated past their melting point, and applied in their molten state." I d. at Vl-59. 

The Board's VOM regulations define "adhesive remover" to mean 

a product designed to remove adhesive from either a specific substrate or a variety 

of substrates. 'Adhesive Remover' does not include products that remove 

adhesives intended exclusively for use on humans or animals. 

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

subcategories listed in this definition, the term "Adhesive" shall mean a 

substance used to bond one or more materials. Adhesive includes, but is 

not limited to, caulks, sealants, glues, or similar substances used for the 

purpose of forming a bond .... 35lll. Adm. Code 223.203; see Model 

Rule at 4. 

Consumers use adhesive removers for a number of purposes, and these products "are sold 

in a variety of sales outlets including hardware stores and wholesalers; home centers; paint 

stores; hobby and craft stores; supermarkets and other grocery stores; automotive parts and 

accessories stores; and by mass merchandisers." ISOR at Vl-61. In addition, industrial and 

institutional users acquire adhesive removers either through distributors or through direct sales 

by manufacturers. !d. Adhesive removers "remove or clean adhesive and adhesive residue of 

varying compositions from a variety of surfaces using combinations of solubility, swelling, and 

softening properties." !d. at VI-58; see Model Rule at 4. The numerous adhesive removing 

products employ both VOM and non-VOM formulations and may be available in aerosol and 

non-aerosol forms. ISOR at IV-63. 
8 

The Agency proposes VOM content limits for adhesive removers in four subcategories 

based on the range of adhesive 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 of its opinion. 

Floor and Wall Covering Adhesive Remover 

The Board's VOM regulations define "Floor and Wall Covering Adhesive Remover" to 

mean "a product designed or labeled to remove floor or wall coverings and associated adhesive 

from the underlying substrate." 35 Ill. Adm. Code 223.203; see lSOR at Vl-59, VI-61; Model 

Rule at 4. The coverings addressed in this subcategory "are indoor or outdoor, non-structural, 

decorative finishing materials, including counter top finishes." lSOR at VI-61. "Floor and wallcovering adhesive removers are formulated using both VOC and non-VOC technologies, 

including chlorinated solvents such as methylene chloride." !d. The removers may be sold for 

multipurpose or specialty uses and may be labeled as remover or cleaner for "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 of adhesive removers vary by covering. IS OR at VI-61. Directions for 

a number of products recommend removing as much of the covering as possible before applying 

adhesive remover. !d. For porous coverings such as wallpaper or carpet, "directions suggest 

application by spraying or pouring the remover onto the covering." I d. For Jess porous 

coverings such as wood flooring or tiles, "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 of the 

remover and waiting a recommended amount of time, 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 or liquefy the adhesive" before a second scraping to remove it. I d. ''The fmal 

step is a wash and rinse of the surface." !d. 

In this subcategory, adhesive removers have both VOM 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 Locking Adhesive Remover 

The Board's VOM regulations defme "Gasket or Thread Locking Adhesive Remover" to 

mean "a product designed or labeled to remove gaskets or thread locking adhesives. Products 

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

remover are considered 'Gasket or Thread Locking Adhesive Remover.'" 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 of the seal," and they can be made of 

materials including silicone. ISOR at YI-63. Generally, silicone gaskets are cured by moisture 

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 of oxygen" and generally are used to adhere metal parts. !d. "[T]hread locking adhesive 

removers are used to remove seals used to join cylindrical metal parts" such as shafts or bolts. 

!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 

paint removal would be included in this subcategory; and subject to the proposed prohibition 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. 

'The pressure and force from the aerosol provides a penetrative quality that aids in the swelling 

and softening of the adhesive." Id. After aerosol spraying, the remover sits for a short time 

before scraping to remove the gasket or loosening the cylindrical part. !d. If an 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 or hydrocarbon propellant 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 of gasket or thread 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 of various types, including those pre-formed from non-reactive 

materials such as rubber, cork, or cardboard, which may not require the higher YOM limit. 

ISOR at Yl-63. Also, products in this subcategory contain solvents intended only to soften 

adhesives for scraping. Jd. "[P]roducts in the 'Specialty Adhesive Remover' [subcategory] may 

be used on more sensitive substrates where mechanical scraping may harm the substrate .... " !d. 

CARB concluded that these factors fail to justify a higher YOM content limit for products 

removing gaskets or thread 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 or residue from a variety of substrates. 'General Purpose Adhesive 

Remover' includes, but is not limited to, the following: products that remove 

thermoplastic adhesives, pressure sensitive adhesives, dextrine or starchbased 
10 

adhesives, casein glues, rubber or latex-based adhesives, and products that 

remove stickers, decals, stencils, or similar materials. 'General Purpose Adhesive 

Remover' does not include "Floor or Wall Covering Adhesive Remover". 35 Ill. 

Adm. Code 223.203; see JSOR at Vl-59, VI-61; Model Rule at 4. 

Many of the products in this subcategory remove paper-related items employing pressuresensitive adhesives. ISOR at VI-62. These pressure-sensitive adhesives "are available in solvent 

and emulsion based forms" and are frequently "based on non-reactive rubber adhesives, acrylics, 

or polyurethanes." I d. "Pressure sensitive adhesives form viscoelastic bonds that are 

aggressively and pennanently tacky; adhere without the need of more than a finger or hand 

pressure; and require no activation by water, solvent, or heat." 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 order to 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 in both aerosol and non-aerosol 

formulations. ISOR at Vl-62. They typically have a high VOM content, "although there is 

limited use of L VP-VOC and exempt ingredients such as dibasic esters and acetone." I d. at IV62, IV-64. These removers 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 "Special Adhesive Removers" to mean products 

designed to remove reactive adhesives from a variety of substrates. Reactive 

adhesives include adhesives that require a hardener or catalyst in order for the 

bond to occur. Examples of reactive adhesives include, but are not limited to 

epoxies, urethanes, and silicones. 'Specialty Adhesive Remover' does not include 

'Gasket or Thread Locking Adhesive Remover.' 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 of the 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 

of an adhesive polymer or resin and a hardener or catalyst to form a polymerized or crosslinked 

structure. ISOR at VI-62. Other reactive adhesives initiate this crosslinking by exposure to an 
II 

external element such as heat or ultraviolet light. !d. This subcategory excludes "gasket or 

thread locking adhesive removers." !d.; see 35 Ill. Adm. Code 223.203 (definitions). 

Although reactive 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 of solvents 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 

generally recommend 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 solvent ingredients such 

as methyl ethyl ketone, hydrocarbon solvents, xylenes, toluene, and aerosols use hydrocarbon 

propellants." JSOR at VI-64. 

Anti-Static Products 

The Board's YOM regulations defme "anti-static products" to mean "a product that is 

labeled to eliminate, prevent, or inhibit the accumulation of static electricity. 'Anti-Static 

Product' does not include 'Electronic Cleaner', 'Floor Polish or Wax', 'Floor Coating', and 

products that meet the definition of 'Aerosol Coating Product' or 'Architectural Coating."' 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 

of static electricity that can occur on hard surfaces, such as floors and countertops, and fabrics." 

ISOR at Vl-71. Consumers generally use 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 of smfaces 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 of surfaces, must dry quickly, and must not be susceptible to 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 of home electronic equipment, as well as on 

upholstery." !d. at VI-72. They typically 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 "for use on hard floors in sensitive 

equipment work areas, but some products are designed for use on carpeting and other fabrics as 

well." ISOR at Vl-72. They are "designed mainly for industrial and institutional use" and "are 

sold primarily in janitorial supply stores." !d. at Vl-73. "These products are composed primarily 

of water with either a VOC exempt compound or an inorganic compound as the active 
12 

ingredient." Jd. Non-aerosols generally provide a protective coating from electric charges 

generating by friction or rubbing. I d. Because their function may resemble a floor polish or 

wax, the most restrictive limit provision may apply to them. !d.; see 35 Ill. Adm. Code 223.260 

(Most Restrictive Limit). 

Contact Adhesives 

The Board's YOM regulations now define "contact adhesive" to mean 

an adhesive that is designed for application to both surfaces to be bonded 

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

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

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

other, and does not need sustained pressure or clamping of surfaces after the 

adhesive-coated surfaces have been brought together using sufficient momentary 

pressure to establish full contact between both surfaces. 35 Ill. Adm. Code 

223 .203; sec Model Rule at 7. 

The definition establishes exceptions. It provides that "[t]he term does not include rubber 

cements that are primarily intended for use on paper 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 

of product, less packaging, that consist of more 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 only to one substrate surface to form a bond. IS OR at VI-77. Contact 

adhesives have the "property of 'autohesion' which is the bonding of two adhesive surfaces to 

each other." I d. at VI-79. "[O]ther glues primarily function by forming bonds between the 

adhesive surface and the substrate to be joined .... " Jd. In the application process, a contact 

adhesive "is spread evenly on both surfaces and allowed to dry before the surfaces are joined so 

that most of the solvent can evaporate." !d. When the surfaces are joined, "bonding occurs 

instantly without the need for sustained pressure or clamping." ld. With this ability to bond 

strongly to itself, a contact adhesive is often used to join non-porous surfaces, to which strong 

bonds are difficult to establish. !d. at VI-79. Contact adhesives have a number of applications 

and are often used on large surface areas or on curved or irregular surfaces for which clamping is 

impractical. !d. at VI-77, Vl-79. They "can be used for furniture, kitchen cabinets; custom 

display cabinets; interior and exterior panels and partitions; footwear; automotive trim; roofing 

membrane attachment; and a wide variety of related applications where quick, high strength 

permanent bonds are needed." !d. at VI-79. 

The Board's YOM regulations separate the "Contact Adhesive" category into two 

subcategories, "Contact Adhesive- Special Purpose" and "Contact Adhesive- General Purpose." 

Those regulations define the special purpose contact adhesive to mean 
13 

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 or less in thickness to any 

porous or nonporous surface, and is sold in units of product, less packaging, that 

contain more than eight fluid ounces, or is used in automotive applications that 

are either automotive under the hood applications requiring heat, oil or gasoline 

resistance or body-side molding, automotive weatherstrip or decorative trim. 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 typically be sold in 

units of product, less packaging, that contain no more than eight fluid ounces and would not be a 

product used for. automotive applications." ISOR at Yl-77. They are generally "packaged in 

squeeze tubes, glass bottles, or metal containers" and purchased by retail customers for small 

repairs and projects. ld. at YI-79. General purpose contact adhesives can suitably join "a wide 

variety of substrates, including plastic laminates; linoleum; metal; china; wood; masonry; 

leather; decorative laminates; veneer; foam; cloth; paper; cork; rubber; wood particle board; 

plywood; and drywall." Jd. 

"Contact adhesives are composed of an elastomeric polymer, which may be natural or 

synthetic rubber, carried in a solvent solution or in 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 a mixture of solvents." 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 of polychloropene 

latex; terpene phenolic resin; 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", "Dusting Aid", "Electronic Cleaner", 

"Energized Electrical Cleaner", "Pressurized Gas Duster", "Engine Degreaser", 

"Anti-Static Product", or products designed to clean the casings or housings of 

electrical equipment. 35 Ill. Adm. Code 223.203; see Model Rule at 8. 

Because of the heavy nature of the soils they remove, these cleaners "normally use aggressive 

solvents" such as xylene, toluene, acetone, and 1-bromopropane. ISOR at Yl-86, Yl-89. Other 

products in this category contain "perchloroethylene, methylene chloride, or trichloroethylene 

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 are used." Jd. Electrical 
14 

cleaners "are also conductive and some product labels specify that the products have dielectric 

strength4 ranging from I 0,000 to 30,000 volts per meter." I d. at YI-88. 

When electrical equipment must be cleaned while current runs through it or when 

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. The Board's YOM rules defme "energized electrical cleaner" to mean 

a product that meets both of the following criteria: 

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

where cleaning and/or degreasing is accomplished when electrical current 

exists, or when there is a residual electrical potential from a component, 

such as a capacitor. 

The product label clearly displays the statements: "Energized equipment 

use only. Not to be used for motorized vehicle maintenance, or their 

parts." 

This does not include "Electronic Cleaner". 35 Ill. Adm. Code 223.203; see 

Model Rule at 9. 

Energized electrical cleaners, whether in aerosol or noon-aerosol forms, "are generally 

formulated with exempt chlorinated solvents .... : !d., at YI-90. They may also be formulated 

with trichloroethylene, a YOM. !d. "Carbon dioxide is the propellant of choice because it is also 

non-flammable." !d. 

Electronic Cleaner 

The Board's YOM regulations define "electronic cleaner' to mean 

a product labeled for the removal of dirt, moisture, dust, flux or oxides from the 

internal components of electronic or precision equipment such as circuit boards, 

and the internal components of electronic devices, including, but not limited to, 

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

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

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

Degreaser", "Electrical Cleaner", "Energized Electrical Cleaner", "Anti-Static 

4 "'Dielectric strength' is defined as the maximum voltage required to produce a dielectric 

breakdown through the material and is expressed as volts per unit thickness." ISOR at YI-87. 

According to Plastics Technology Laboratories, Inc., "[b]reakdown is when an electrical burnthrough punctures the material, or decomposition occurs. The higher the dielectric strength of a 

material, the better its quality as an insulator." I d. The Institute for Research and Technical 

Assistance reports that the "[t]he dielectric strength cutoff for cleaners that can be used on 

energized equipment is generally 30 kY." !d. 
15 

Product", or products designed to clean the casings or housings of electronic 

equipment. 35 Ill. Adm. Code 223.203; see Model Rule at 8-9. 

These cleaners typically are applied to delicate substrates that may be harmed by aggressive 

solvents such as acetone or perchloroelhylene, and they are not intended for use on energized 

equipment. ISOR at VI-86, VI-88. Electronic cleaners generally are used by consumers, 

technicians, and engineers. "These types of cleaners 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 of a variety of VOC and chlorinated solvents. ISOR 

at IV -89. These cleaners have commonly used HCFC-141 b, an ozone-depleting substance 

phased out of use. !d. Products have replaced HCFC-141 b with "combinations of different 

hydrofluorocarbons (HFC), hydrochlorofluorocarbons (HCFC), and hydrofluoroethers (HFE)." 

!d. Both aerosol and non-aerosol forms of these alternative are available. !d. "A number of the 

aerosols in this category use carbon dioxide as their propellant in the formulations that include 

HCFC-141 b, but the higher VOC formulas normally use a hydrocarbon propellant. It is also not 

uncommon to see HFC-134a used as a propellant because it is nonflammable." Jd. 

Fabric Refresher 

The Board's VOM regulations define "fabric refresher" to mean 

a product labeled to neutralize or eliminate odors on non-laundered fabric 

including, but not limited to, soft household surfaces, rugs, carpeting, draperies, 

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

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

limited to, wool, cotton, or nylon. "Fabric Refresher" does not include "Antistatic Product", "Carpet and Upholstery Cleaner", "Soft Household Surface 

Sanitizers", "Footwear or Leather Care Product", "Spot Remover", or 

"Disinfectant", or products labeled for application to both fabric and human skin. 

For the purposes of this definition only, "Soft Household Surface 

Sanitizer" means a product labeled to neutralize or eliminate odors on the 

listed surfaces above whose label is registered as a sanitizer under the 

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

et seq.). 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 by perspiration, 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/or household 

furniture or objects covered with fabrics such as wool, cotton, nylon, or other synthetic fabrics." 

!d. Institutional and commercial users include "nursing homes, hospitals, hotels, motels, and 

restaurants." !d. at VI-97. Retailers are the usual source of household products, "while the 
16 

institutional and commercial products are sold via wholesalers through distribution channels or 

direct sales." !d. 

With aerosol and pump spray formulations, users spray refresher directly onto fabric. 

ISOR at VI-97. 'The product penetrates the fabric, and the odor fades as the fabric dries. Solid 

fabric refresher products are typically sprinkled on the fabric surface, followed by vacuuming or 

sweeping." !d. Some fabric refreshers control odors simply by masking them "with molecules 

that have a more pleasant smell. Other products neutralize the odors by modifying the cause of 

the odor on 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 of aerosol fabric refreshers typically are either single-phase or doublephase. ISOR at VI-97. Liquid components of a single-phase product "are present in a single 

homogeneous phase" containing a small amount of fragrance with solvents and propellants. !d. 

Many such products 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 liquid phases: "a larger water phase and a smaller 

organic phase(s), which contains a small amount of fragrance." !d. Shaking mixes the phases 

into a homogeneous emulsion. Jd. Both single-phase and double-phase aerosols typically use as 

propellants "blends of butanes and propane, or dimethyl ether. Propellants generally constitute 

15 to 90 percent of the weight of the product for single-phase aerosols, and 5 to 30 percent of the 

weight of the product for double-phase aerosols." !d. 

Pump spray fabric refreshers typically consist of "water, a small amount of fragrance and 

surfactants, and alcohol." ISOR at Vl-97. Alcohol, the VOM found most often in this 

formulation, varies widely in terms of its percent of the weight of the product. 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 similar in their formulation to pump spray 

products, usually containing water, small amount of surfactants and slightly higher amount of 

fragrance on average than pump sprays." ISOR at VI-98. Solid fabric refreshes generally 

consist of inorganic compounds and a small amount of fragrance. !d. "Inorganic compounds in 

solid fabric refreshers may serve as odor removers, moisture absorbents, dessicants, and fillers." 

I d. (citation omitted) 

Footwear or Leather Care Product 

The Board's VOM regulations define "Footwear or Leather Care Product" to mean 

any product designed or labeled to be applied to footwear or to other leather 

articles/components to maintain, enhance, clean, protect, or modify the 

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

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

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

Purpose Adhesive', 'Contact Adhesive', 'Vinyl/Fabric/Leather/Polycarbonate 
17 

Coating', 'Rubber and Vinyl Protectant', 'Fabric Refresher', products solely for 

deodorizing, or sealant products with adhesive properties used to create external 

protective layers greater than two millimeters thick. 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-leather material, such as fabric." ISOR at 

VI-I 00. These products 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-I 0 I. 

Specialized products include those "to stretch tight-fitting footwear to loosen them for a better 

fit, dedicated dye products for leather and associated dye reducers used for permanent coloring, 

products to 'dress' the edges of soles and heels of footwear, and products to remove scuff marks 

from footwear." !d. Users include households, outdoor enthusiasts, and workers in particular 

professions and commercial establishments, who apply these products to their own clothing and 

other leather goods. !d. Commercial uses include shoe repair 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 of these products depends on form. "[S]uede and nubuck cleaners are generally 

aerosols" wiped clean before brushing. ISOR at VI-101. Solid hard-paste shoe polish 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 care products include a variety of ingredients matching their range 

of functions. Active ingredients may include such hard or protective substances as "camauba 

wax; paraffin wax; microcrystalline wax; beeswax; shellac wax; and resins .... " ISOR at VII 02. Milder ingredients may include glycerin cleaners or lanolin. !d. "Carriers and other 

ingredients may include organic and hydrocarbon solvents; emulsifiers; water; plasticizers; and 

propellants for aerosols." !d. Different ingredients require different amounts and types of 

solvents for delivery. !d. Cleaners vary widely in terms of their amounts and types of solvents. 

I d. Within product categories or product forms, YOM content may also vary widely. I d. 

The Agency's original proposal establishes YOM content limits according to three forms 

of these products, and the Board separately addresses those three forms in the following 

subsection of the 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 I 00 percent. I d. "Current formulations contain predominantly hydrocarbon 

solvents, along with organic solvents and hydrocarbon or carbon dioxide propellant." I d. The 

hydrocarbon solvents used may be heptanes, petroleum distillates such as mineral spirits or 

aliphatic petroleum distillates, and toluene. I d. Organic solvents employed in these products 

"include compounds such as butyl acetate, ethyl acetate, or isopropyl alcohol. ... " I d. 
18 

Propellants include either hydrocarbons or carbon dioxide. !d. To a very limited extent, cleaners 

in this category employ perchloroethyene, a chlorinated solvent. ISOR at Vl-102- Vl-103; see 

Prop. at 35 (proposed Section 223.211); see also Model Rule at 28. 

For aerosol athletic shoe cleaners, YOM content ranges from I 0 percent to 20 percent. 

ISOR at VI-I 03. Current formulations contain 75 percent to 90 percent water and use cleaning 

agents such as glycol ethers, alcohols, d-limonene, or a combination of them. Hydrocarbons are 

a possible propellant. fd_ For cleaners of other products, YOM content varies from 0 percent to 

45 percent. !d. 

The Board's YOM regulations define "solid" to mean "a substance or mixture of 

substances that, either whole or subdivided (such as the particles comprising a powder), is not 

capable of visually detectable flow as determined under ASTM D4359-90, incorporated by 

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

Board." 35 Ill. Adm. Code 223.203; see Model Rule at 17. Among solid products in this 

subcategory, hard paste shoe polishes have a YOM content ranging from 60 percent to 75 

percent. ISOR at VI-I 03. Petroleum distillate solvents, including mineral spirits, aliphatic 

hydrocarbons, or stoddard solvents, account for nearly all of this content. !d. "These solvents 

enable the main ingredient waxes to be softened and formed into paste with the correct 

consistency, stability, and performance characteristics'' !d. 

With other solid products, the YOM content ranges from 0 percent to 25 percent. ISOR 

at VI-I 03. Other products in this subcategory include conditioners in paste form and solid 

cleaners such as saddle soap. !d. Some paste conditioners or shoe creams may be semi-solid 

rather than solid. !d. The Board's YOM regulations define "semi-solid" to mean "a product 

that, at room temperature, will not pour, but will spread or deform easily, including but not 

limited to gels, pastes, and greases." 35 Ill. Adm. Code 223.203; see Model Rule at 17. 

"[P]roducts that are "semi-solids," including "shoe creams" that meet the definition of the form, 

would be in the "all other forms" subcategory." ISOR at VI-103. 

Other Forms 

Liquid products constitute 92 percent of the "all other forms" subcategory, and few of 

them are sold in pump sprays. ISOR at VI-104. YOM content of these products ranges from 0 

percent for water-based cleaners to I 00 percent for VOM-based dyes and dye reducers. !d. 

Other liquid products in this subcategory include protectants, polishes, dressings, lotions, and 

products that remove scuff marks. !d. "Semi-solids" include shoe creams, which are generally 

emulsions having water content of 30-50 percent, "making them softer and easier to apply than 

hard-paste polish." !d. These products have a YOM content of I 0 percent to 30 percent. I d. 

Other creams may employ low vapor pressure YOM, rather than water, but have similar YOM 

content. Jd. 
19 

Graffiti Remover 

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

a product labeled to remove spray paint, ink, marker, crayon, lipstick, nail polish, 

or shoe polish from a variety of non-cloth or nonfabric substrates. The term does 

not include 'Paint Remover or Stripper', 'Nail Polish Remover', or 'Spot 

Remover'. Products labeled for dual use as both a paint stripper and graffiti 

remover are considered 'Graffiti Removers'. 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 outdoor use and are used by both 

households and institutions. ISOR at VI-I 09. Graffiti removers generally are sold in janitorial 

supply stores and may also be found in paint supply stores. !d. They "work by penetrating and 

dissolving unwanted graffiti and/or markings, while doing little or no damage to the painted 

surface underneath." !d. This distinguishes them from "paint remover or stripper," which may 

damage the underlying paint substrate. !d. Users spray graffiti remover onto a surface and allow 

it to sit. I d. The sprayed surface is then either rubbed with a cloth or abrasive sponge, depending 

on the nature of the surface. !d. 

Both aerosol and non-aerosol graffiti removers typically consist of "a variety of solvents 

such as D-limonene, alcohol, xylene, and n-methyl-2-pyrrolidone (NMP)." lSOR at VI-II 0. 

Both also often contain an aromatic hydrocarbon solvent. !d. at VI-I I I. Water-based nonaerosol products are available, and some non-aerosol products employ dibasic ester mixtures or 

glycol ethers. !d. Use of aromatic 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 Stvling Product 

The Board's YOM regulations define "hair styling product" as 

a consumer product manufactured on or after July I, 2009 that is designed or 

labeled for application to wet, damp or dry hair to aid in defining, shaping, lifting, 

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

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

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

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

volumizers, detanglers and/or conditioners that make styling claims. This does 

not include 'Hair Mousse', 'Hair Shine', 'Hair Spray', or shampoos and/or 

conditioners that are rinsed from the hair prior to styling. For the purposes of this 

Subpart, 'finish' or 'fmishing' means the maintaining and/or holding of 

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

'styling' means fonning, sculpting, or manipulating the hair to temporarily alter 
20 

the hair's shape. 35 Ill. Adm. Code 223.203; see ISOR at VI-113- VI-114; Model 

Rule at 12. 

This category "does not include the product form of 'foam,"' which falls under the category of 

"hair mousse." 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. Because they are non-aerosol, they do not fall under the definition of "hair 

mousse" and would be subject to 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 of hair styling products depends on both the form and the desired 

capabilities of the product. ISOR at VI-115. Because of the range of products available in the 

market, "there is no exact and/or typical formula for the category." !d. Products in this category 

"may contain a variety of fixatives and/or styling polymers (resins), to provide hold, form films, 

and/or condition." !d. In addition to these resins, products "may contain starches, waxes, and/or 

other types of compounds to impart hold or help retain the hairstyle." !d. In addition, "[t]he 

majority of products also contain water with other possible ingredients being plasticizers, 

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. For aerosol products, propellants might include HFC-152a or such 

hydrocarbons as "butane, dimethyl ether, isobutene, isopentane, or pentane." !d. In this category 

the most common VOMs are ethanol and fragrance. Ethanol may serve either as a solvent for 

resin or to decrease drying time. !d. 

In these products, resins may be soluble in either water or alcohol. ISOR at Vl-115. 

Although aqueous-based resins are in wide use, some products still rely on alcohol-based resins. 

!d. "For many of the products using alcohol based resins, the VOC in the product comes from 

the amount of alcohol needed to keep the resin in solution, or from the resin solution as it is 

provided from the supplier .... " I d. They may also employ additional alcohol so that the 

product dries more quickly on the hair. !d. at VI-116. Such products can be more difficult to 

reformulate to aqueous based resins. Jd. at Vl-115. 

Shaving Gel 

The Board's VOM regulations define "shaving gel" as "an aerosol product that dispenses 

a post-foaming semisolid designed to be used with a blade, cartridge razor, or other shaving 

system in the removal of facial or other body hair. This does not include 'Shaving Cream."' 35 

Ill. Adm. Code 223.203; see ISOR at VI-119; Model Rule at 17. These products facilitate 

shaving by providing lubricity and also by moisturizing 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 of the shaving gels on the market utilize barrier pack 

(compartmentalized) systems in which the semi-solid (gel) is separated from the driving 

propellant." !d. at VI-119. The most common types of these 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. 

Barrier packs were developed approximately 50 years ago and may offer a number of 

advantages. lSOR at VI-121. First, they allow separation of product concentrates from 

propellants. !d. (citation omitted). Second, they allow "use in any orientation (many 

conventional aerosols lose propellant when inverted)." !d. (citation omitted). Also, barrier packs 

remain quiet during use because they do not generate the hiss associated with typical aerosols. 

!d. (citation omitted). 

Two forms of bag-in-can technology are in common use. ISOR at Vl-121. In the first, 

the shaving gel product is injected into a bag before 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 of the can. This type of system can be immediately identified by the 

presence of a bottom plug (grommet) which is used to contain the propellant." !d. (citation 

omitted). In the second type of this system, the bag is also attached to the valve, and "an underthe-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 of a can, open at the 

bottom, into which a piston is inserted. The bottom, which is perforated with a central hole, is 

then seamed on." ISOR at VI-121. The can is filled with product through the valve opening 

before the valve is inserted. !d. Because the bottom of the can has a hole, "when the piston is 

displaced by the product upon filling, any air below the piston is expelled. After the valve is 

attached, the package is bottom-gassed with propellant and the bottom hole plugged with a 

grommet." !d. at VI-122 (citation omitted). A recently-developed technology, the A TMOS 

system, consists of a plastic bottle inserted into a rubber tube. !d. "When the product is filled 

into the bottle, the rubber sleeve expands. The sleeve's natural tendency to return to original size 

provides the propelling power for the system." !d. 

In the shaving gel category, blowing agents generate a post-foaming effect. ISOR at VI120. "Once the gel is dispensed and spread, the blowing agent changes from an initial liquid 

phase to a gas phase, which causes the product to foam." !d. Blowing agents employed in this 

category include pentane, isopentane, and isobutene, with isopentanelisobutene blends most 

common." !d. Propellants expel shaving gels from a container. I d. 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 with the product as typical aerosols." I d. 

Propellants used in this category include compressed air, butane, isobutene, and propane, with 

isobutane and propane/isobutane blends most common. !d. Remaining ingredients include 
22 

"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. Many products 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 or Wax', or products 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 either indoor or 

outdoor use on surfaces such as floors, patios, and decks. Jd. at VI-139, VI-140. 'The product is 

normally diluted, applied to a soiled surface and allowed to set for a few minutes. The surface is 

then cleaned off with a cloth, mop, abrasive sponge or rinsed off and allowed to dry." !d. atVI140. Water hoses or mechanical 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 in both 

aerosol and non-aerosol forms. ISOR at VI- I 40. Aerosol fonnulations are commonly sold in 

supermarkets and convenience stores, while non-aerosol fonnulations are sold in janitorial 

supply businesses, convenience and hardware stores, and supermarkets. !d. 

Non-aerosol wood cleaners consist mostly of water-based formulations. ISOR at VI-140. 

Products typically include "water with a small amount of an exempt and/or and inorganic 

compound." Jd. Solvent-based non-aerosol wood cleaners "normally consist of hydrocarbon 

solvent and exempt compounds." Jd. at VI-I 4 I. 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 may contain solvents, 

evaporation of which causes release ofVOM into the atmosphere. TSD at I I. The Agency adds 

that these emissions "are generally estimated on the basis ofVOM content of the products, the 

average use of these products by people in a given region, and the population in that region." I d. 

For calendar year 2008, the Agency has estimated VOM emissions from all consumer and 
23 

commercial products based upon pound per year per capita data and on population estimates. 

!d., citing Inventory. 

For the Chicago NAA with a population of 8,542,457, the Agency estimates annual VOM 

emissions at a rate of91.60 TPD from consumer and commercial products. The Agency also 

estimates total annual anthropogenic VOM emissions at a rate of 675.14 TPD. TSD at II, citing 

Inventory (Appendix B: 2008 Chicago NAA Emissions by Category). Consumer and 

commercial products account for 13.56 percent of total anthropogenic VOM emissions. TSD at 

II, citing Inventory. 

For the Metro East - St. Louis NAA with a population of 585,438, the Agency estimates 

annual VOM emissions at a rate of 6.31 TPD from consumer and commercial products. The 

Agency also estimates total annual anthropogenic VOM emission at a rate of 64.39 TPD. TSD at 

II, citing Inventory (Appendix C: 2008 Metro East NAA Emissions by Category). Consumer 

and commercial products account for 9.80 percent of total anthropogenic VOM emissions. TSD 

at II, citing Inventory. 

For the attainment areas in Illinois with a population of 3, 715,059, the Agency estimates 

annual VOM emissions at a rate of 41.01 TPD from consumer and commercial products. The 

Agency also estimates total annual anthropogenic VOM emissions at a rate of 652.49 TPD. TSD 

at II, citing Inventory (Appendix D: 2008 Attainment Area Emissions by Category). Consumer 

and commercial products account for 6.28 percent of total anthropogenic VOM emissions. TSD 

at II, citing Inventory. 

For the entire State of Illinois with a population of 12,842,954, the Agency 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 of I ,392.02 TPD. 

TSD at II, citing Inventory (Appendix A: 2008 Statewide Emissions by Category). Consumer 

and commercial products account for 9.98 percent of total anthropogenic VOM emissions. TSD 

at II, citing Inventory. 

The Agency states that "[e]mission data for consumer products is generally estimated on 

a per capita basis, based on the average usage of a particular product by a person in a given 

population." TSD at 8. The Agency reports that it estimated emissions for the product 

·categories included in its proposal by using research conducted by CARB and adjusted for the 

population of Illinois. TSD at II; see ISOR at IV -31 - IV -34 (products survey). CARB 

estimated 2001 California emissions in tons per day for each of the 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 Agency projected 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 

estimated that "VOM emissions in Illinois may be reduced by approximately one ton per day due 
24 

to the proposed amendments and additional regulated categories." Davis Test. at 3. The Agency 

acknowledges that these projections may over-estimate reduction "due to the penetration of 

compliant products in the state from manufacturers who market their products in states that have 

already adopted similar rules." ld. at 18; see id. at 8. 

In the following subsections, the Board separately addresses both the estimated emissions 

from each of these product categories and the reductions in emissions from them projected to 

result from the Agency's proposal. 

Adhesive Removers 

The Agency estimates 2008 annual YOM emissions in Illinois from the adhesive remover 

product category at rates ofO.Oll TPD for gasket or thread 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 on the YOM content limits it proposes, the Agency estimates YOM emission 

reduction in this category of -0.004 TPD from gasket or thread locking adhesive removers. TSD 

at I (Table 5: Estimated YOM Emission Reductions for Consumer Products); see ISOR at YI-65 

n.1, IX-211 n.2 (attributing increase to prohibition of specified compounds). The Agency 

estimates reduction of0.234 TPD for general purpose adhesive removers. TSD at 18; see ISOR 

IX-211 (projecting reduction of0.258 TPD). The Agency also estimates reduction 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 of 0.051 TPD for floor or wall covering adhesive 

removers. TSD at 18; see ISOR at IX-211 (projecting reduction of0.630 TPD). The Agency's 

total estimated net emission reductions from this product category equal 0.3 77 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). The Agency attributes no YOM emissions 

to non-aerosol anti-static products. TSD at 12; see ISOR at IV-33 (same). 

Based on the YOM content limit it proposes, the Agency does not project YOM emission 

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 

on reduction of YOM emissions from non-aerosol products. See TSD at 18. 
25 

Contact Adhesive 

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 of 0.001 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 of existing 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 of 0.330 TPD). 

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

reductions in this product category of 0.026 TPD. TSD at 18; see IS OR at IX-211 (projecting 

reduction of 0.070 TPD). 

Electronic Cleaner 

The Agency 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 of 0.241 TPD). 

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

reduction in this product category of 0.018 TPD. TSD at 18; see ISOR at IX-211 (projecting 

reduction of 0.049 TPD). 

Fabric Refresher 

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 of0.424 TPD). The Agency also estimates emissions at a 

rate of0.247 TPD for non-aerosol products in this category. TSD at 12; see ISOR at IY-33 

(estimating 2001 California emissions of 0.665 TPD). 

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

reduction of0.082 TPD for aerosols in this product category. TSD at 18; see ISOR at IX-211 

(projecting reduction of 0.221 TPD). The Agency also estimates reduction of 0.082 TPD for 

non-aerosols. TSD at 18; see IS OR at IX-211 (projecting reduction of 0.220 TPD). 
26 

Footwear or Leather Care Product 

The Agency estimates 2008 annual YOM emissions in Illinois from the footwear or 

leather care product category at rates of 0.019 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 of 0.050 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 of 0.022 TPD for all other product 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 200 I California emissions of 0.085 TPD and 0.11 

TPD, respectively). 

Based on the 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 of0.014 TPD). The Agency also estimates reduction of0.026 TPD for 

non-aerosols. TSD at 18; see ISOR at IX-211 (projecting reduction of 0.071 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 YOM content limits it proposes, the Agency estimates YOM emission 

reduction of 0.150 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 (projecting reduction 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 in this product category. TSD at 18; see ISOR at IX-211 (projecting 

reduction of 0.124 TPD). 

Wood Cleaner 

The Agency estimates 2008 annual YOM emissions in Illinois from the wood cleaner 

product category at rates of 0.020 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 of 0.007 TPD for aerosols in this product category. TSD at 18; see ISOR at IX-211 

(projecting reduction of 0.019 TPD). The Agency also estimates reduction of 0.086 TPD for 

non-aerosols. TSD at 18; see ISOR at IX-211 (projecting reduction of 0.232 TPD). 

TECHNICAL FEASIBILITY 

Generally 

The Agency expresses the belief that its proposed rules are technically feasible. SR at 5. 

The Agency states that "technology for controlling YOM emissions from consumer products and 

aerosol products is largely developed or being developed." !d.; see TSD at 19. The Agency 

supports its claim of feasibility 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 of adoption in these jurisdictions accounting for nearly half of 

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 many products 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 of these products making a one-time change to the 

products in order to be compliant with the most stringent rules in the country and selling the 

same product nationally." TSD at 13; see SR at 5. As further support for its claim of feasibility, 

the Agency relied 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 water based formulations or formulations employing acetone or 

other exempt solvents." TSD at 13. The Agency also claims that manufacturers may be able to 

comply by "increasing the solids content of products, formulating non-YOM propellants for 

products, or changing the valves, containers, or delivery systems of the products .... " !d. The 

Agency argues that, because manufacturers have modified products to comply with identical 

standards in other jurisdictions, these reformulations could be made, or have already been made, 

for products sold in Illinois. !d. at 14. The Agency claims that "compliant products have been 

shown to be effective in their purpose, and have not significantly changed the usefulness of the 

product by reducing YOM content, or by using a substitute solvent in the product !d. at 19. 
28 

In the following subsection of its opinion, the Board for each product category addresses 

the technical feasibility of complying with the Agency's proposal. 

Adhesive Removers 

The Agency's proposal includes for this product category both VOM content limits in 

Section 223.205 and a prohibition on the use of solvents including methylene chloride in Section 

223.211. Prop. at 28, 35; see ISOR VI-69. In addition, because of ambiguous labels on multifunction products, existing regulations apply additional labeling requirements to adhesive 

remover products. ISOR at Vl-69; see 35lll. Adm. Code 223.265. For each product, 

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's proposed VOM content limits are likely to increase the 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 L VP-VOM solvents that meet the 

proposed limits. ISOR at Vl-66. These L VP-VOMs "can be used for a variety of applications." 

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 by using acetone, an exempt solvent. !d. To replace the use 

methylene chloride, manufacturers may rely upon a combination of ethyl lactate, methyl esters, 

and LVP-VOM solvents. !d. at VI-67. 

Floor or Wall Covering Adhesive Remover 

Reformulation of products in this subcategory may include the use of water emulsions, 

LVP-VOM solvents, or exempt or inorganic 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, or potassium 

hydroxide "to aid in product penetration or lifting of the 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 VOM hydrocarbon solvents, glycol ethers, 2-butoxyethanol, 

or bio-solvents. ISOR at VI-67. L VP-VOMs, soy methyl ethers, L VP-glycol ethers, L VPhydrocarbon solvents, and water emulsions may comprise the remainder of the formulations. !d. 

In addition, "inorganic ingredients or surfactants may be required to enhance product 

performance." !d. Aerosol products in this subcategory may use carbon dioxide or hydrocarbon 

propellants. ld. 
29 

Special Purpose Adhesive Remover 

This subcategory poses the challenge of removing 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, L VP-VOM solvents, acetone, and low 

concentrations ofinorganics "can be used on painted surfaces without causing damage." Jd. 

Nonetheless, VOM ingredients are likely to comprise a large part of the formulation of these 

products. !d. However, a number of reformulation options blend well with traditional solvents 

and have proven to be effective in removing various adhesives. Jd. Water may be a suitable 

element in some formulations, but some adhesives cure when exposed to water. Id. 

Gasket of Thread Locking Adhesive Remover 

As a result of the proposed prohibition on the use of chlorinated solvents in this category, 

VOM emissions are likely to increase slightly in this subcategory. ISOR at VI-65 n.J (Table VI2). To replace the use of solvents such as methylene chloride, reformulations may rely on 

xylenes or similar aromatics, as well as blends of ethyl lactate and soy methyl ethers. ISOR at 

VI-68. Aerosol products in this subcategory are likely to continue to employ hydrocarbon 

propellants. !d. Hydrocarbons can be formulated to a range of pressures, which is significant to 

an application in which the force of aerosol delivery increases product penetration of the 

adhesive. !d. Products in this subcategory may also include other ingredients including dibasic 

esters, L VP-VOM hydrocarbon solvents, acetone and exempt ingredients including wax, formic 

acid, and surfactants. !d. 

Anti-Static Products 

The Agency proposes only a VOM content limit 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. Establishing this cap, however, will prevent manufacturers from employing higher 

amounts ofVOM in the future. ISOR at VI-75. Non-aerosol products are able to use low-VOM 

formulations "because they are typically not used on clothing, which not only needs a fast dry 

time but needs to be non-staining to be effective." !d. 

Aerosol products pose the challenge of balancing VOM content with issues such as 

drying time, staining, and prevention of static charges. ISOR at Vl-74. Additional water could 

extend drying time or affect types of surfaces on which a product can be used. !d. (citation 

omitted). Exempt compounds such as acetone may damage substrates such as fabric. !d. LVPVOM may cause residue, odor, and slow drying times. I d. While some of these difficulties may 

be mitigated by particular propellants (id.), the Agency has not proposed 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 category includes both VOM content limits in 

Section 223.205 and a prohibition on the use of solvents including methylene chloride in Section 
30 

223.211. Prop. at 28, 35; see lSOR YI-80- YI-81. In addition, because of the difficulty of 

distinguishing subcategories of these products, existing regulations 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 

product belongs and the applicable YOM standard. 35 Ill. Adm. Code 223.265(a); see Model 

Rule at 28; ISOR at YI-83. 

The Agency proposes a YOM content limit of 80 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 of 55 percent for general purpose contact 

adhesives. Prop. at 29; see Model Rule at 21. CARE determined that 80 percent of products in 

this subcategory complied with the proposed limit. ISOR at Yl-82. Consequently, CARE 

expected that products would require little, if any, reformulation. I d. at YI-81. Low-YOM 

solvent-based contact adhesives typically would employ either exempt solvents such as acetone 

or chlorinated solvents. I d. at YI-80. However, acetone may harm some substrates and can 

subject products to the requirements of the Federal Hazardous Substances Act. Id., citing 16 

C.F.R. 1302 (Ban of Extremely Flammable Contact Adhesives). In addition, the Agency has 

proposed to prohibit use of chlorinated 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 or household uses. 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 product category includes both YOM content limits in 

Section 223.205 and a prohibition on the use of solvents including methylene chloride in Section 

223.211. Prop. at 30, 35; see ISOR YI-93- YI-94. In addition, because of the difficulty of 

distinguishing subcategories of these products, existing regulations apply additional labeling 

requirements to adhesive removers. ISOR at YI-93; see 35 Ill. Adm. Code 223.265. For each 

product, manufacturers and responsible parties must clearly display the category to 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 of 45 percent proposed 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 of products in the category may rely upon water, acetone, other 

exemptYOMs, and LYP-YOM. ld. 
31 

Electronic Cleaner 

The Agency's proposal for this product category includes both VOM content limits in 

Section 223.205 and a prohibition on the use of solvents including methylene chloride in Section 

223.211. Prop. at 30, 35; see ISOR VI-93- VI-94. In addition, because of the difficulty of 

distinguishing subcategories of these products, existing regulations apply additional labeling 

requirements to adhesive removers. ISOR at Vl-93; see 35 Ill. Adm. Code 223.265. For each 

product, manufacturers and responsible parties must clearly display the category to which the 

product belongs 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 percent proposed 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 of products in this 

category complied with the proposed limit, many used solvents such as HCFC-141 b, use of 

which is being phased out. !d. Consequently, the proposed limit allows for the use of other 

technologies as it is replaced. !d. Because of the risk of damage to substrates, products in this 

category do not rely on chlorinated solvents. !d. 

Fabric Refresher 

For aerosol 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 of these products, hydrocarbon propellants are likely 

to be replaced or mixed with a non-VOM propellant such as HFC-152a. Jd. "A manufacturer 

may also consider reformulating double-phase aerosol product through the use of high vapor 

pressure propellant" and exempt VOM solvent. !d. citation omitted). 

CARB determined that nearly all non-aerosol products in this category comply with the 

proposed VOM content limits of six percent. ISOR at VI-98 (Table VI-I 0: Fabric Refresher 

Proposal). Nonetheless, CARB did not propose a lower limit because of an existing patent held 

by Proctor & Gamble. !d. (referring to U.S. Patent 6,077,318, Method of using a composition 

for reducing malodor impression, June 20. 2000). For non-aerosols, refonnulation generally 

would replace or reduce alcohol content by increasing water content. !d. The proposed limit of 

six percent VOM content would allow a sufficient amount ofVOM "to be present for effective 

solubilization of the fragrance compounds and satisfactory drying time." !d. at VI-99. 

Footwear or Leather Care Product 

Aerosols 

The VOM content limit of 75 percent proposed for this subcategory "is expected to 

mainly affect cleaners for suede and nubuck." ISOR at VI-105. Reformulation may involve 

substitution of hydrocarbon propellants with exempt propellants or blends of the two. I d. Use of 
32 

carbon dioxide propellant would still require additional reformulation, which might include 

substitution or partial substitution of hydrocarbon solvents with exempt solvents such as acetone 

or volatile methylated siloxanes. !d. 

The YOM content limit of 55 percent proposed for this subcategory "is expected mainly 

to affect hard-paste shoe polishes." ISOR at VI-I 05. Because these products may be sold in a 

range of colors, "each colored product may need individual reformulation." !d. (citation 

omitted). Refommlation may include substitution of petroleum distillate solvents with LVPVOM solvents, exempt solvents, or combinations of the two. !d. 

All Other Forms 

For high-VOM liquid products such as dyes, the ingredients may include alcohol and 

hydrocarbon or other solvents. lOR at VI-I 06. "One reformulation approach is to convert to 

water-based or pigment dye formulations." !d. 

For semi-solids such as shoe creams, reformulation may include substitution of petroleum 

distillate solvents with LVP-VOM solvents, exempt solvents, or a combination of the two. ISOR 

at VI-I 06. Because these products may be sold in a range of colors, "each colored product 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 on the use of solvents including methylene chloride in Section 

223.211. Prop. at 302 35; see ISOR VI-112. CARB determined that, in this product category, 

"[m]any alternatives exist that do not use perchloroethylene, methylene chloride, or 

trichloroethylene." ISOR at VI-112. 

Both aerosol and non-aerosol products are expected to comply with proposed YOM 

content limits by employing L VP-VOMs or exempt VOMs 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 of the market complied with 

the proposed limit for aerosols and pump sprays, and 93 percent of the market complied with the 

proposed standard for all other forms. 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 be necessary in styling products used in wet 

or damp hair prior to styling." !d. at VI-117. CARB found that compliant products "contain the 

same marketing language, directions and claims" as products with higher YOM content. !d. In 
33 

addition, products combining styling and finishing functions would be subject to the higher 

YOM content limit applicable to hairspray. !d. Finally, because the six percent limit proposed 

for aerosol and pump spray products already applies to hair mousses (35 Ill. Adm. Code 

223.205(a)(27)), compliant technology may be transferred 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 of seven percent "by using slightly lower amounts of hydrocarbon 

propellants," whether as driving propellants or as blowing agents. IS OR at YI-122. Compliance 

options also include compressed gas or compressed air propellants, blends of YOM and nonYOM propellants, self-pressurized containers, or combinations of these options. Id. at YI-123. 

Manufacturers reported propellant leakage through a bottom plug or grommet accounts 

for some use of driving propellant. 1SOR at Y1-123. "[O]verfill of driving propellant is used to 

ensure there is enough propellant to empty the container." I d. Manufacturers may be able to 

reduce this overfill by improving grommets to reduce leakage or by 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 of their products to blowing agents. I d. 

Wood Cleaner 

CARB determined that, for liquid products in this category, 90 percent of the market 

complied with the proposed YOM content limit. ISOR at Y1-141 (Table YI-22: Wood Cleaner 

Proposal). Deck washes and other outdoor products account for a large proportion of these 

liquids. I d. The force of a sprayer or water hose helps make some of these outdoor products 

more effective. I d. Products used indoor, however, require a higher YOM content in order to be 

effective. Jd. CARB reported that "[t]here are no complying aerosol products." I d. 

In this product category, reformulation options include use of water, and "[t]he majority 

of the products in this category are water-based." IS OR 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 of cloth or sponge or rinsed with water after usage, slow 

evaporation and slight residue should not be an issue in this category." Jd. 

Board Discussion of Technical Feasibility 

As noted above, the Agency claimed that its proposal is technically feasible by stating 

that "the proposed 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 elaborated that, because of 

adoption in these jurisdictions accounting for nearly half of the U.S. population, "compliant 
34 

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 it on a 

national basis. TSD at 13; see SR at 5. As further support for its claim of feasibility, the Agency 

relied on technical support prepared by CARE 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 of similar regulations in other jurisdictions and 

availability of compliant products there lend support to this position. CARE's analysis, which is 

referenced in the preceding subsections of this opinion, also generally corroborates the Agency's 

claim. The Board finds that the proposal is technically feasible and proceeds below to examine 

the record with regard to economic reasonableness. 

ECONOMIC REASONABLENESS AND COST EFFECTIVENESS 

Generally 

The Agency expresses the belief that its proposed rules are economically reasonable. SR 

at 5. The Agency states that "technology for controlling VOM emissions from consumer 

products and aerosol products is largely developed or being developed." !d.; see TSD at 13, 19. 

The Agency supports its claim of economic reasonableness by stating that "the proposed 

emission limits are already in place in California, the OTC states," and in Indiana, Michigan, and 

Ohio. TSD at 8, 13, 14. The Agency elaborates that, because of adoption in these jurisdictions 

accounting for nearly half of the U.S. population, "compliant products in all categories are 

widely available .... " TSD at 13; see SR at 5; TSD at 19; Davis Test. at 3. The Agency claims 

that many products sold in Illinois already comply with the proposed VOM content limits. TSD 

at 13; SR at 5. The Agency attributes this to "national and regional manufacturers of these 

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

stringent rules in the country and selling the same product nationally." TSD at 13; see SR at 5; 

Tr.l at 11-12. 

As further support for its claim of economic reasonableness, the Agency relied on 

research conducted by CARE on the estimated impact of recent amendments to California's 

rules on affected businesses. SR at 5; see TSD at 15 (Table 3: Estimated Total Costs to 

Businesses Annually); see also 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 "that the proposed limits would cost between $4,020 and 

$4,680 per ton ofVOM reduced." SR at 6, citing TSD at 17; see ISOR at VIII-193 (Table VIII6: Comparison of Cost-Effectiveness for ARB Consumer Product Regulations/Measures 

(adjusted to 2003 dollars)). Because these amendments have taken effect, the Agency claims 

that "a significant portion of business impact to manufacturers of the affected products may have 

already been realized in Illinois." SR at 6; TSD at 15; see Davis Test. at 3. Based on these 

costs, the Agency also estimated per-unit cost increases by product category. SR at 6; see TSD 

at 16 (Table 4: Estimated Per-Unit Cost Increases from Proposed Limits); ISOR at VIII-202; 

TSD, Appendix E (Summary of Cost Calculations). 
35 

The Agency's proposal included an analysis of the economic and budgetary effects of its 

rulemaking projecting a total statewide cost of $1,600,000. The Agency attributed these costs to 

changing the formulation or packaging of va1ious products. The Agency again suggested that 

manufacturers may already have incurred these costs. The Agency indicated that its projected 

total cost may be high because changes in many cases will not be necessary. The Agency's 

analysis added that its proposal would have little effect on administrative costs because newlyregulated product categories will be handled through existing procedures under Part 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 of its opinion, 

the Board for each product category addresses the economic reasonableness of the Agency's 

proposal. 

Adhesive Removers 

The Agency estimated the total annual costs of complying with the proposed regulations, 

including annualized non-recurring costs and annual recuning costs, for a typical business in the 

product category of adhesive removers. TSD at 15; see ISOR at Vlll-181 (Table VIII-2). In the 

subcategory of gasket or thread 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 of floor 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 of general 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 of specialty adhesive removers, the Agency estimated 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 a per-unit cost increase for the adhesive remover product 

category based on annualized non-recurring costs and annual recurring costs. TSD at 16; ISOR 

at VJJI-202. For the subcategory of gasket or thread locking adhesive removers and based on a 

typical unit weight of 18.00 ounces, the Agency estimated a low total increase per unit of $0.84, 

a mid total increase per unit of $0.95, and a high total increase per unit of$1.07. TSD at 16; 

ISOR at VIII-202. For the subcategory of floor or wall covering adhesive removers and based 

on a typical unit weight of I 00.00 ounces, the Agency estimated a low total increase per unit of 

$0.03, a mid total increase per unit of $0. 74, and a high total increase per unit of $1.46. TSD at 

16; ISOR at VIII-202. For the subcategory of general purpose adhesive removers and based on a 

typical unit weight of9.00 ounces, the Agency estimated a low total increase per unit of$0.22, a 

mid total increase per unit of$0.17, and a high total increase per unit of $0.11. 5 TSD at 16; 

ISOR at VIII-202. For the subcategory of specialty adhesive removers and based on a typical 

unit weight of 18.00 ounces, the Agency estimated a low total increase per unit of $0.3 7, a mid 

5 Based on annualized nonrecurring low cost per unit of$0.03, CARB projected annual 

recurring low cost per unit of $0.19. Based on annualized nonrecurring high cost per unit of 

$0.11, CARB projected annual recurring high cost per unit 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 

For non-aerosol products in the anti-static product category, neither CARB nor the 

Agency estimated the total annual costs of complying 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. 

For non-aerosol products in the anti-static product category, neither CARB nor the 

Agency estimated a total 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 of them would be necessary. ISOR at VIII-202. 

Contact Adhesives 

The Agency estimated the total annual costs of complying with the proposed regulations, 

including annualized non-recurring costs and annual recurring costs, for a typical business in the 

product category of contact 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. In the subcategory of special 

purpose adhesives, the Agency estimated a low cost of$487, a mid cost of$1,492, and a high 

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. For the subcategory of general purpose contact adhesives and based on a typical 

unit weight of 4.32 ounces, the Agency estimated a low total increase per unit of$0.05, a mid 

total increase per unit of $0.06, and a high increase per unit of$0.07. TSD at 16; JSOR at Ylll202. For the subcategory of special 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 increase per unit of$0.01. TSD at 16; ISOR at VIII-202. 

Electrical Cleaner 

The Agency estimated the total annual costs of complying with the proposed regulations, 

including annualized non-recurring costs and annual recurring costs, for a typical business in the 

product category of electrical 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 cost per unit of $0.02, CARB projected annual 

recurring low cost per unit 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-unit cost increase for the electrical cleaner product 

category based 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 per unit of $0.03, a mid total increase per unit of $0.04, and a high total increase per unit 

of $0.04. TSD at 16; ISOR at VIII-202. 

Electronic Cleaner 

The Agency estimated the total annual costs of complying with the proposed regulations, 

including annualized non-recurring costs and atmual recurring costs, for a typical business in the 

product category of electronic cleaner. TSD at 15; ISOR at VIII-I 81. The Agency estimated a 

low cost of$7,321, a mid cost of$1 7,637, and a high cost of$27,953. TSD at 15; ISOR at VIIII 81. 

The Agency also estimated a per-unit cost increase for the electronic cleaner product 

category based 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 per unit of $0.08, a mid total increase per unit of $0.19, and a high total increase per unit 

of$0.30. TSD at 16; ISOR at VIII-202. 

Fabric Refresher 

The Agency estimated the total annual costs of complying with the proposed regulations, 

including annualized non-recurring costs and annual recurring costs, for a typical business in the 

product category of fabric refresher. TSD at 15; lSOR at VIII-181. For the 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. For the 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. For the aerosol product form and based on a typical unit weight of 14.00 ounces, 

the Agency estimated a low total increase per unit of $0.17, a mid total increase per unit of 

$0.17, and a high increase per unit of $0.16. TSD at 16; ISOR at VIII-202. For the non-aerosol 

product form and based on a typical unit weight of 32.00 ounces, the Agency estimated a low 

total increase per unit of $0.03, a mid total increase per unit of $0.04, and a high total increase 

per unit of$0.05. TSD at 16; ISOR atVIII-202. 

Footwear or Leather Care Product 

The Agency estimated the total annual costs of complying with the proposed regulations, 

including annualized non-recurring costs and annual recurring costs, for a typical business in the 

footwear or leather care product category. TSD at 15; ISOR at VIII-181. For the aerosol 

product form, the Agency estimated a low cost of $3,542, a mid cost of $6,435, and a high cost 
38 

of $9,329. TSD at 15; lSOR at VIII-181. For the 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 other product forms, 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 a per-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 of 4.25 

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 increase per unit 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 

increase per unit of $0.00, a mid total increase per unit of$0.00, and a high total increase per unit 

of $0.00. TSD at 16; ISOR at VIII-202. For all other product forms, the Agency estimated a low 

total increase per unit of $0.02, a mid total increase per unit 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 of complying 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. For the 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. For the 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-unit cost increase for the graffiti remover product 

category based on annualized non-recurring costs and annual recurring costs. TSD at 16; ISOR 

at Vlll-202. For the 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 per unit of 

$0.31, and a high total increase per unit of $0.46. TSD at 16; ISOR at VIII-202. For the nonaerosol product form and based on a typical unit weight of 128.75 ounces, the Agency estimated 

a low total increase per unit of $0.64, a mid total increase per unit of $1.33, and a high total 

increase per unit of $2.03. TSD at 16; ISOR at VIII-202. 

Hair Styling Product 

The Agency estimated the total annual costs of complying with the proposed regulations, 

including annualized non-recurring costs and annual recurring costs, for a typical business in the 

hair styling product category. TSD at 15; ISOR at VIII-181. For the 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 other product 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. For the aerosol and pump spray product 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 increase per unit of $0.00, and a high total increase 

per unit of$0.00. TSD at 16; ISOR at VIII-202. 

Shaving Gel 

The Agency estimated the total annual costs of complying with the proposed regulations, 

including annualized non-recurring costs and annual recurring costs, for a typical business in the 

shaving gel product category. TSD at 15; ISOR at VIII-181. The Agency 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 of 7.00 ounces, the Agency estimated a low total increase 

per unit of$0.00, a mid total increase per unit of $0.00, and a high increase per unit of $0.00. 

TSD at 16; JSOR at VIII-202. 

Wood Cleaner 

The Agency estimated the total annual costs of complying with the proposed regulations, 

including annualized non-recurring costs and annual recurring costs, for a typical business in the 

wood cleaner product category. TSD at 15; ISOR at Vlll-181. For the aerosol product form, the 

Agency estimated a low cost of $2,234, a mid cost of $4,163, and a high cost of $6,092. For the 

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 cleaner product category 

based on annualized non-recurring costs and annual recurring costs. TSD at 16; ISOR at Vlll202. For the aerosol product form and based on a typical unit weight of 12."00 ounces, the 

Agency estimated a low total increase per unit of$0.01, a mid total increase per unit of $0.01, 

and a high total increase per unit of $0.02. TSD at 16; ISOR at VIII-202. For the non-aerosol 

product category and based on a typical unit weight of 135.98 ounces, the Agency estimated a 

low total increase per unit of $0.11, a mid total increase per unit of $0.20, and a high total 

increase per unit of$0.28. TSD at 16; ISOR at VIII-202. 

Board Discussion of Economic Reasonableness 

As noted above, the Agency has 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 of this 

widespread adoption, the Agency claimed that many products sold in illinois already comply 

with the proposed YOM content limits. TSD at 13; SR at 5. The Agency attributed this to the 
40 

formulation and manufacturing of single products for national sales. TSD at 13; see SR at 5; 

Tr.l at 11-12. 

As further support for its claim of economic reasonableness, the Agency relied on 

research conducted by CARB on the estimated impact of recent amendments to California's 

rules on affected businesses. SR at 5; see TSD at 15 (Table 3: Estimated Total Costs to 

Businesses Annually); see also 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 per ton 

ofVOM reduced." SR at 6, citing TSD at 17; see ISOR at VIII-193 (Table VIII-6: Comparison 

of Cost-Effectiveness for ARB Consumer Product Regulations/Measures (adjusted to 2003 

dollars)). Because these amendments have taken effect, the Agency claims that "a significant 

portion of business impact to manufacturers of the affected products may have already been 

realized in Illinois." SR at 6; TSD at 15; see Davis Test. at 3. The Agency's proposal projected 

a total statewide cost of $1,600,000 attributable to changing the formulation or packaging 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 of similar 

regulations in other jurisdictions and the availability of compliant products there. CARB 's 

analysis, which is referenced in the preceding subsections of this opinion, also lends general 

support to the Agency's claim. The Board finds that the proposal is economically reasonable and 

proceeds below to summarize its first-notice proposal on a section-by-section basis. 

SECTION-BY-SECTION SUMMARY OF RECORD ON BOARD'S FIRST-NOTICE 

PROPOSAL 

Subpart B: 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 consumer products 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 consumer products 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 of July I, 2012, for a number of new 

categories of consumer products. SR at 7; see Prop. at 28-34; infi·a at_-_ (summarizing 

proposed limits). The Agency's proposal re-organizes Section 223.205(a) as a table with one 

column setting an effective date of July I, 2009, for product categories regulated by the existing 

rule and a second column setting an effective date of July I, 2012, for product categories added 

by the current proposal. See Prop. at 28-34. The Agency sought to refer to another specified 
41 

date in this section in order to clarify that the limits added by this 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 specified product categories. The Board includes this amendment in its order 

below. 

Section 223.203: Definitions for Subpart B 

Section 223.203 provides definitions applicable to the provisions of Subpart 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" providing that the term "means a 

coating designed and labeled exclusively to coat vinyl, fabric, leather, or polycarbonate 

substrates." Prop. at 26; see Model Rule at 19 (same). 

Section 223.203 defmes "existing product" as "any formulation of the same product 

category and form sold, supplied, manufactured, or offered for sale in Illinois prior to July I, 

2009, or any subsequently introduced identical formulation." 35 Ill. Adm. Code 223.203. 

During the second hearing, CSP A proposed to amend this defmition, noting that the date of July 

I, 2009, refers to "the effective date of the original regulation" and not to the effective date of the 

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 of July I, 

2009, for product categories regulated by the existing rule and a second column setting an 

effective date of July I, 2012, for product categories added by the current proposal. 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 of these proposed amendments to Section 223.203, which are 

reflected in its order below. Specifically, the Board finds that record includes no facts or 

arguments opposing the proposed revision of the definition of"existing product." The Board 

concludes that this revisions clarifies a term applicable to a range of product categories for which 

the YOM limits do not have a single effective date. 

Section 223.205: Standards 

The introductory language to subsection (a) provides in its entirety that, "(e]xcept as 

provided in Section 223.207, 223.230, 223.240, or 223.245, no person shall sell, supply, offer for 

sale, or manufacture for sale in Illinois any consumer product manufactured on or after July I, 

2009, that contains VOMs in excess of the limits specified in this subsection." 35 Ill. Adm. 

Code 223.205(a); see 35 ill. Adm. Code 223.207 (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 provides 
42 

YOM content limits for 48 categories of consumer products. See 35 Ill. Adm. Code 

223.205(a)(l)- (a)(48). 

The Agency proposed to amend this introductory language to provide in its entirety that, 

"[e]xcept as provided in Section 223.207,223.230,223.240, or 223.245, no person shall sell, 

supply, offer for sale, or manufacture for sale in Illinois any consumer product manufactured on 

or after the date specified below that contains YOMs in excess of the limits specified in this 

subsection." Prop. at 28; see SR at 7. The Agency notes that it proposed YOM content limits for 

a number of new categories and an effective date ofJuly I, 2012, for them. SR at 7. The 

Agency sought to refer to "the date specified" in order to clarify that, while existing limits 

applied on and after July 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 of consumer products 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 "the term "adhesives - spray" is "not defined in either the 

current regulation or the proposed revisions." Yost Test. at 8. CSPA recommends that the 

Board instead employ the defined tenn "Aerosol Adhesives." !d. at I 0; see 35 Ill. Adm. Code 

223.205 (definitions). CSPA argues that this revision would make the Board's regulations 

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 more consistent with those of California and the OTC states. 

Tr.2 at 18. CSPA stated that it had 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 order below. 

Subsection (a)(l): Adhesive Removers. The Agency sought to add a subsection (a)(!) 

establishing YOM content limits for four subcategories of adhesive removers. Prop. at 28. 

Specifically, with an effective date of July I, 2012, the Agency proposed to limit the "floor or 

wall covering" subcategory to five percent YOM by weight, the "gasket or thread locking" 

subcategory to 50 percent YOM by weight, the "general purpose" subcategory to 20 percent 

YOM by weight, and the "specialty" subcategory to 70 percent YOM by weight. !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 of contact adhesives. Prop. at 29. 

Specifically, with an effective date of July I, 2012, the Agency proposed to limit the "general 

purpose" subcategory to 55 percent YOM by weight and the "special purpose" subcategory" to 

80 percent YOM by weight. !d.; see 35 Ill. Adm. Code 223.203 (defining "contact adhesivegeneral purpose" and "contact adhesive - special purpose"); 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 YOM content limit for non-aerosol anti-static products. Prop. at 

29. Specifically, with an effective date of July I, 2012, the Agency proposed to limit the 

category to II percent YOM by weight. !d.; see 35 Ill. Adm. Code 223.203 (defining "anti-static 

product" and "non-aerosol product"); see also 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 of July I, 2012, the Agency proposed to limit the category to 45 percent YOM by 

weight. I d.; see 35 Ill. Adm. Code 223.203 (defining "electrical cleaner"); see also 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 YOM content limit for electronic cleaner. Prop. at 30. Specifically, with an 

effective date of July I, 2012, the Agency proposed to limit the category to 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 of fabric refresher. Prop. at 31. 

Specifically, with an effective date of July I, 2012, the Agency proposed to limit the "aerosol'' 

subcategory to 15 percent YOM by weight and the "non-aerosol" subcategory to six percent 

YOM by weight. I d.; see 35 ill. Adm. Code 223.203 (defining "fabric refresher"); 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 of footwear or leather 

care products. Prop. at 31. Specifically, with an effective date of July 1, 2012, the Agency 

proposed to limit the "aerosol" subcategory to 75 percent YOM by weight, the "solid" category 

to 55 percent YOM by weight and the "other forms" subcategory to 15 percent YOM by weight. 

Jd.; see 35 Ill. Adm. Code 223.203 (defining "footwear or leather care product"); see also Model 

Rule at 22 (setting identical limits); ISOR at 1-8. 

Subsection (a)(34): Graffiti Remover: The Agency sought to add a subsection (34) 

establishing YOM content limits for two subcategories of graffiti remover. Prop. at 32. 

Specifically, with an effective date of July I, 2012, the Agency proposed to limit the "aerosol" 
44 

category to 50 percent YOM by weight and the "non-aerosol" category to 30 percent YOM by 

weight. I d.; 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 Stvling Products. The Agency sought to add a subsection 

(39) establishing YOM content limits for two subcategories of hair styling products. Prop. at 32. 

Specifically, with an effective date of July I, 2012, the Agency proposed to limit the "aerosol 

and pump sprays" subcategory to six percent YOM by weight and the "all other forms" 

subcategory to two percent YOM by weight. Id.; see 35 Ill. Adm. Code 223.203 (defining "hair 

styling product" 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 of July I, 2012, the Agency proposed to limit shaving gel to 7 percent YOM by weight. !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 of wood cleaner. Prop. at 34. 

Specifically, with an effective date of.Tuly 1, 2012, the Agency proposed to limit the "aerosol" 

subcategory to 17 percent YOM by weight and the "non-aerosol" subcategory to four percent 

YOM by 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 of these eleven new subsections, the Agency has 

proposed to re-number each of the existing 48 subsections in order to maintain categories in 

alphabetical order. See Prop. at 28-34. 

The Board finds that the record supports each of these proposed new definitions is and 

includes them in its order below. 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]or those consumer products that are registered under the Federal 

Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 USC 136 through 136y), incorporated by 

reference in Section 223.120, the effective date of the YOM standards will be July I, 2010." 35 

Ill. Adm. Code 223.207. 

During the second hearing, however, CSPA noted the effective date of July I, 20 I 0, 

acknowledging that it is correct for product categories subject to the current rule. Tr.2 at 8. 

CSPA argued that "FIFRA products are granted a one-year extension in every state that regulates 

consumer products." !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 of these products 
45 

both by US EPA and by state agencies such as departments of agriculture. Tr.2 at 8-9. CSPA 

recommended replacing the date of July l, 20 l 0, 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 that record includes no facts or arguments opposing the 

CSPA's proposed revision of language establishing an effective date and that it is consistent with 

the one-year extension reflected in the current rules. The Board concludes that this revision 

appropriately clarifies the date on which VOM limits for a limited range of products will take 

effect. 

Section 223.208: Requirements for Aerosol Adhesives 

During the second hearing, 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; see Yost Test. at 8-9. The Board further noted that, although the proposed new 

section addresses the issue of impurities, this section does not do 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 of Part 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, no person shall sell, supply, offer for sale, or 

manufacture for use in Illinois any aerosol adhesive that contains any of the 

following compounds: methylene chloride, perchloroethylene, or 

trichloroethylene. 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 of the Illinois rule by making it 

more consistent with the California rule." 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 of the prohibited materials that may unintentionally be included in the product." Jd.; see 

id. at 4 (proposing revision). 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 of this proceeding. The Board concludes that this allows only a 

very limited presence of impurities in aerosol adhesives and will make the provisions of Part 223 

more consistent with one another. The Board includes Section 223.208 and this amendment in 

its order below. 
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 on behalf of CSPA, 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 

whether to 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 223.2 I I prohibiting the "the manufacture, sale, supply or offering for sale of specified 

consumer product categories that contain methylene chloride, perchloroethylene or 

trichloroethylene." Yost Test. at 6. CSPA recommends three specific revisions, which are 

summarized below. 

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, or manufacture 

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 existing product stock that was 

manufactured before the July I, 2012, effective date of the prohibitions." Yost Test. at 7. CSPA 

argues that this silence may have unintended environmental consequences by causing the 

disposal of otherwise usable and saleable products. !d. CSPA states that most states inlposing 

similar prohibitions "provide a three-year sell-through period to ensure that product 

manufacturers, distributors and retailers have an adequate amount of time to ensure that noncompliant products are withdrawn from the shelves." ld. CSPA added that other states with 

similar prohibitions do not include "any sell-through limitation since, as a practical matter, 

existing stock of these 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) by clearly providing "that products manufactured before July I, 2012, may continue 

to be sold, supplied, or offered for sale in Illinois." I d.; see id. at 9 (proposing revision). 

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 of the 

Agency's proposed limits. Tr.2 at 22. Mr. Davis indicated that adding this language "would be 

consistent with our previous sell through policy .... " Tr.2 at 22. 

In its post-hearing comments, the Agency stated that it did not object to language 

proposed by CSPA to establish an "effective date that preserves the sell through of product 
47 

manufactured and date coded before July 1, 2012." PC 3 at 1; see id. at 3 (proposing revision); 

see also 35 Ill. Adm. Code 223.250 (Product Dating). 

Subsection (b). The Agency also originally proposed a subsection (b) providing in its 

entirety that 

[t]he requirements of Section 21l(a) do not apply to any Adhesive Removers, 

Aerosol Adhesives, Contact Adhesives, Electrical Cleaners, Electronic Cleaners, 

Footwear or Leather Care Products, General Purpose Degreasers, and Graffiti 

Removers containing methylene chloride, perchloroethylene, or trichloroethylene 

that is present as an impurity in a combined amount equal to or less than 0.01% 

by weight. Prop. at 35-36; SR at 8; see Model Rule at 28-29. 

Aerosol Adhesives. CSPA stated that the Agency's proposed Section 223.211 restricts 

the use of chlorinated 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 of perchloroethylene, methylene chloride, and 

trichloroethylene. Yost Test. at 8; see 35 Ill. Adm. Code 223.208 (Requirements for Aerosol 

Adhesives). Based on these existing requirements, "CSPA recommends that the Board delete the 

reference to 'Aerosol Adhesives' in Section223.211. ... " Yost Test. at 8; see id. at 2. 

During the second hearing, the Board noted CSPA's recommendation but observed that 

proposed Section 223.211 differs from Section 223.208 because the proposed new 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, if the 

Board concurs, "additional language should be added to account for an 'impurities' allowance in 

Section 223.208." I d.; see 35 Ill. Adm. Code 223.208. The Agency argues that these revisions 

address both CSPA's concern with regulating one set of products in separate provisions and the 

Board's question concerning consistent treatment of impurities. PC 3 at 2-3. 

General Purpose Degreasers. Addressing both proposed subsections, CSPA testified 

that, although manufacturers seek to eliminate the use of chlorinated compounds in products, 

"there are limited situations when the use of these chemical compounds is necessary to produce 

low-flammability general purpose degreaser products that can be used by facilities' maintenance 

operations in which ignition sources (e.g., metal parts contacting other metal parts) may be 

present." Yost Test. at 8; see id. at 2. CSPA argued that the risk of a fire from such ignition 

sources raises workplace safety issues. I d.; see Tr.2 at 12. CSP A added that methylene chloride 

and perchloroethylene are exempt from the definition ofVOM because of their "very low 

photochemical reactivity." Yost Test. at 8, citing 40 C.F.R. § 5l.IOO(s), 35 Ill. Adm. Code 

211. 7150(a). CSPA claimed that the Agency's proposal would generate "minimal, if any, 

reduction ofVOM emissions, and thus, is not necessary to achieve attainment of federal ozone 

standards." Yost Test. at 8; see id. at 1-2; Tr.2 at 12. CSPA requested that the Board strike 
48 

restrictions on the General Purpose Degreaser category from Section 223.211 in its first-notice 

proposal. Yost Test. at 8; see id. at 9 (proposing revision); Tr.2 at 12-13. 

During the second hearing, the Agency asked CSP A whether deleting the restriction on 

the general purpose degreaser category would make Illinois' rule more or less consistent with the 

OTC states. Tr.2 at 11-12. Mr. Yost responded that the regulations of ten other states include 

this restriction, so deleting it "would set a precedent." Jd. at 12, 13. Suggesting that it may be 

only a limited precedent, he added that the 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 consider deleting 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, if the Board adopted CSPA's 

recommendation and deleted this restriction, then general purpose de greasers sold in Illinois 

would differ from those sold in other states. !d. He added that products of this kind are sold 

most often to commercial entities and not more widely through retail outlets. !d. 

In their post-hearing comments, CSPA, Chicago Aerosol, and Claire all addressed this 

issue in response to questions raised by the Board during the second hearing. PC I, PC 2, PC 4; 

see Tr.2 at 15. Each of the three comments noted that the Board had asked whether suppliers 

formulate low-flammability general purpose de greasers without using chlorinated solvents. PC I 

at I; PC 2 at I; PC 4 at 1. Claire responded "yes" (PC 4 at I), and both CSP A and Chicago 

Aerosol stated that the 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 other jurisdictions, they 

"have determined that the alternatives to the three specifically identified chlorinated solvents do 

not provide the same protection from flammability." PC 1 at I; PC 2 at I; PC 4 at I (emphasis in 

each original). The comments elaborated that the substitute products "typically have flash points 

in the combustible range." PC I at I; PC 2 at 1; PC 4 at I. Each also stressed that the substitutes 

"dry very slowly and do not do not allow for immediate use of the part." PC 1 at I; PC 2 at 1; 

PC 4 at 1. All stated that this delay may lead mechanics to use unregulated solvents such as 

gasoline or paint thinner "to remove 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 of the three comments also noted that the Board had asked "whether general 

purpose de greasers fonnulated with L VP-VOM solvents are being sold in other states that 

impose a restriction on the use of the 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 in the 

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 

comment responded that, although such products are in fact being sold, "customers generally 

dislike the reformulated products since the products are deemed to be ineffective in removing 

grease from mechanical parts and surfaces for the same reasons stated above." PC I at 2; PC 2 at 

2; PC 4 at I. Claire added that the reformulated products also "give off obnoxious odors." PC 4 

at 1. 
49 

On the basis of these arguments, each of the three comments cited workplace safety and 

projected reductions in YOM emissions to recommend "that the Board delete the restrictions for 

the General Purpose Degreaser product 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 of other states and to prevent those rules 

from requiring the sale of products 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, if the Board accepts the revision offered by CSPA, then Illinois would allow the sale of 

products that could not be 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 of this proceeding and 

clarifies applicability of this 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 order below. 

Second, the Board also finds that the Agency's proposal to strike aerosol adhesives from 

this section will clarify regulation of these products by avoiding the risk of inconsistencies 

between Section 223.208 and 223.211. The Board notes that it has above proposed to amend 

Section 223.208 to address impurities in a manner consistent with subsection (b). 

Finally, after carefully considering the arguments in the record, the Board declines to 

strike general purpose degreasers from proposed Section 223.211. The Board notes that both the 

Agency and CSP A have cited the general benefits of consistent regulation of these products, 

notably the avoidance of conflicting state regulations and the sale of single products in multiple 

jurisdictions. The record clearly indicates that the revision proposed by CSP A 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 of separate products for Illinois and for other states, undermining the clear interest in 

consistent regulation. Furthermore, the record clearly shows that the market supplies compliant 

products now sold in other states. The Board has weighed and by no means discounts the 

comments by CSPA, Chicago Aerosol, and Claire indicating that these compliant products 

present shortcomings. Similar regulations in numerous other states provide an incentive for 

continued reformulation of these products. The Board also notes that OTC is expected to issue a 

revised model rule in 2014, which may conceivably address regulation of these products. 

Accordingly, the Board finds that it is appropriate to restrict the use of chlorinated compounds in 

general purpose de greasers and includes that restriction in its order below. 
50 

Subpart C: Architectural and Industrial Maintenance Coatings 

Existing Section 223.305 addresses the applicability ofVOM regulations 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 of materials. !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 of one 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. SR at 4. The Agency 

stated that some vendors of these products "were taking packets of coatings, each of which were 

individually below the minimum value for compliance, and bundling them together to sell in 

groups." !d. Suggesting that it does not view sale of the bundled packets as sale of a single item, 

the Agency proposed to "change the rule so that the volume for sale purposes is the entire 

package, not the individual ones." !d. Accordingly, the Agency proposed to add the following 

sentence to subsection (c): "[ f]or the purpose of this subsection the volume of architectural 

coating in a container shall be considered the total volume of coating that is packaged in a unit 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 of this provision. The Board includes this 

amendment in its order below. 

CONCLUSION 

The Board proposes to amend Part 223 of its air pollution regulations. In its order below, 

the Board directs the Clerk to cause first-notice publication of the Board's proposal in the Illinois 

Register, which commences a 45-day public comment period. 

ORDER 

The Board directs the Clerk to cause first-notice publication of the following proposed 

amendments to the Board's air pollution regulations in the Illinois Register. Proposed additions 

are underlined, and proposed deletions appear stricken. 

TITLE 35: ENVIRONMENTAL PROTECTION 

SUBTITLE B: AIR POLLUTION 

CHAPTER I: POLLUTION CONTROL BOARD 

SUBCHAPTER c: EMISSION STANDARDS AND LIMITATIONS 

FOR STATIONARY SOURCES 

PART 223 

STANDARDS AND LIMITATIONS FOR ORGANIC MATERIAL EMISSIONS FOR AREA 

SOURCES 
Section 

223.100 

223.105 

223.120 

Section 

223.200 

223.201 

223.203 

223.205 

223.206 

223.207 

223.208 

223.209 

223.210 

223.211 

223.220 

223.230 

223.240 

223.245 

223.250 

223.255 

223.260 

223.265 

223.270 

223.275 

223.280 

223.285 

51 

SUBPART A: GENERAL PROVISIONS 

Severability 

Abbreviations and Acronyms 

Incorporations by Reference 

SUBPART B: CONSUMER A"t\lD COMMERCIAL PRODUCTS 

Purpose 

Applicability 

Definitions for Subpart B 

Standards 

Diluted Products 

Products Registered under FIFRA 

Requirements for Aerosol Adhesives 

Requirements for Floor Wax Strippers 

Products Containing Ozone-Depleting Compounds 

Requirements for Adhesive Removers, Aerosol Adhesives. Contact Adhesives. 

Electrical Cleaners. Electronic Cleaners, Footwear or Leather Care Products, 

General Purpose Degreasers, and Graffiti Removers 

Requirements for Charcoal Lighter Material 

Exemptions 

Innovative Product Exemption 

Alternative Compliance Plans 

Product Dating 

Additional Product Dating Requirements 

Most Restrictive Limit 

Additional Labeling Requirements for Aerosol Adhesives, Adhesive Removers, 

Electronic Cleaners, Electrical Cleaners, Energized Electrical Cleaners, and 

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 Requirements 
223.330 

223.340 

223.350 

223.360 

223.370 

52 

Rep01ting Requirements 

Compliance Provisions and Test Methods 

Alternative Test Methods 

Methacrylate Traffic Coating Markings 

Test Methods 

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

Environmental Protection Act [ 415 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, or manufactures consumer products on or after 

July I, 2009, for use in Illinois. 

(Source: Amended at 36 Ill. Reg. ___ , effective _______ ). 

Section 223.203 Definitions for Subpart B 

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

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

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

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

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

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

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

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

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

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

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

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

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

remove adhesives intended exclusively for use on humans or animals. 

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

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

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

glues, or similar substances used for the purpose of forming a bond. 
53 

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

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

underlying substrate. 

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

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

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

are considered "Gasket or Thread Locking Adhesive Remover". 

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

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

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

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

sensitive adhesives, dextrine or starch based adhesives, casein glues, rubber or 

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

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

or Wall Covering Adhesive Remover". 

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

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

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

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

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

Adhesive Remover". 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"Home Use" means use in a household or its immediate environment; 
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, or chemical process 

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

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

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

office complexes. 

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

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

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

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

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

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

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

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

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

disinfectants when offered for sale through institutional and industrial channels of 

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

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

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

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

not constitute a claim of air freshening. 

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

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

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

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

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

cloth or paper wipes (towelettes). 

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

by the Agency pursuant to the provisions of this Subpart. 

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

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

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

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

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

not include prescription drug products, antiperspirants, "Astringent/Toner", deodorant, 

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

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

"Medicated Astringent/Medicated Toner", or "Rubbing Alcohol". 
55 

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

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

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

percent of a target population. 

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

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

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

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

"Appm1enance" means any accessory to a stationary structure coated at the site of 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

temperature, and contains 0% water by formulation. 

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

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

allowed to dry. 

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

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

surfaces of motor vehicles without leaving a protective barrier. 
56 

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

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

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

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

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

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

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

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

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

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

manufacturer in a new vehicle. 

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

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

toilet tanks or urinals. 

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

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

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

roadway paint markings, and asphalt. 

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

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

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

carburetor or fuel injectors. 

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

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

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

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

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

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

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

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

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

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

tinder, natural gas, propane, and fat wood. 

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

aesthetic effect or to dramatize an ingredient. 

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

that is designed exclusively for the installation, remodeling, maintenance, or repair of 
57 

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

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

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

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

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

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

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

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

include "Floor Seam Sealer". 

"Consumer" means any person who purchases or acquires any consumer product for 

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

for resale are not "consumers" for that product. 

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

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

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

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

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

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

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

commercial uses. 

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

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

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

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

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

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

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

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

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

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

Adhesive- Special Purpose". 

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

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

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

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

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

automotive applications that are either automotive under the hood applications requiring 

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

decorative trim. 
58 

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

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

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

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

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

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

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

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

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

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

only: 

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

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

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

cockroaches, or other household crawling arthropods. 

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

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

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

family Pyroglyphidae. 

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

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

"Deodorant" means: 

For products manufactured before July 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 odor in the human axilla 

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

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

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

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

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

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

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

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

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

"Deodorant Body Spray" means: 

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

with 20 percent or Jess fragrance. 
59 

For products 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 or depicts on the container or packaging, or on any sticker or label 

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

human axilla, is a "Deodorant" 

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

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

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

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

application of pesticides when sold separately from the device. 

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

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

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

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

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

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

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

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

toilet bow I cleaners, or metal polishes. 

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

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

before use to mix the phases, producing an emulsion. 

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

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

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

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

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

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

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

products as specified by the Joint Industry Fabric Standards Committee. 

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

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

not include "Pressurized Gas Duster". 

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

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

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

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

"Energized Electrical Cleaner", "Pressurized Gas Duster", "Engine Degreaser", "Anti-
60 

Static Product", or products designed to clean the casings or housings of electrical 

equipment. 

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

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

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

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

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

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

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

designed to clean the casings or housings of electronic equipment. 

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

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

cleaning and/or de greasing is accomplished when electrical current exists, or 

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

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

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

This does not include "Electronic Cleaner". 

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

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

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

supplied, manufactured, or offered for sale in Illinois prior to 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 other impurities or to reduce absorption of liquid 

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

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

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

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

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

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

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

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

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

application to both fabric and human skin. 
61 

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

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

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

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

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

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

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

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

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

Alcohol." 

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

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

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

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

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

simulated marble and wood grain. 

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

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

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

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

vinyl and vinyl composite flooring. 

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

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

surfaces that may be subjected to foot traffic. 

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

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

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

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

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

regulations. 

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

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

flooring. 

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

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

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

products designed to remove floor wax solely through abrasion. 
62 

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

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

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

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

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

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

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

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

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

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

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

ai1icle/component. Footwear includes both leather and non-leather foot apparel. 

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

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

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

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

than two millimeters thick. 

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

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

two mm of Hg at 20°C, the sole purpose of which is to impart an odor or scent, or to 

counteract a malodor. 

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

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

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

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

finish such as stains, sanding sealers and lacquers. 

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

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

sofas. 

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

phase to produce a semisolid material, such as jelly. 

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

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

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

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

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

or adhesives designed exclusively for use on one specific category of articles (i.e., articles 
63 

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

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

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

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

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

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

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

"General Purpose De greaser" means any product labeled to remove or dissolve grease, 

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

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

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

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

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

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

labeled "not for retail sale". 

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

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

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

container. 

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

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

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

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

drug products, "Antimicrobial Hand or Body Cleaner or Soap", "Astringentffoner", 

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

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

"Rubbing Alcohol." 

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

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

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

photocopying machines. 

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

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

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

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

considered "Graffiti Removers." 

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

provide limited holding power. 
64 

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

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

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

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

is to condition or hold the hair. 

"Hair Spray" means: 

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

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

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

style for a period of time. 

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

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

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

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

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

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

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

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

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

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

the hair's shape. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

to temporarily alter the hair's shape. 

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

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

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

water. The term does not include prescription drug products, "Antimicrobial Hand or 
65 

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

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

Alcohol." 

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

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

for use and possession. 

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

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

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

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

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

occupation by individuals, including the immediate surroundings. 

"lllinois Sales" means the sales (net pounds of product, Jess packaging and container, per 

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

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

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

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

regional sales data by population. 

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

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

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

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

structural pest control license under the Structural Pest Control Act [225 JLCS 235}, or 

restricted materials that require a permit for use and possession. 

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

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

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

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

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

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

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

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

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

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

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

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

blown into, formed into, molded into, embossed on, or appearing upon any consumer 
66 

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

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

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

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

reaction and to provide a solid, protective film. 

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

laundering and that supplements and contributes to the effectiveness of laundry 

detergents and/or provides specialized performance. 

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

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

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

sizing, and starch. 

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

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

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

Insecticides" may claim to kill insects or other arthropods. 

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

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

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

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

solid particles. 

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

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

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

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

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

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

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

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

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

container and packaging), expressed to the nearest 0.1. 

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

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

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

Method 310, incorporated by reference in Section 223.120; or 
67 

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

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

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

point are unknown; or 

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

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

or 

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

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

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

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

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

or compounds. 

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

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

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

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

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

prescription. 

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

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

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

80 mm Hg when measured at 20°C. 

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

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

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

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

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

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

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

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

degreasing tanks. 

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

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

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

substrate. 

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

lubricity by depositing a thin film of graphite, molybdenum disulfide (moly), or 
68 

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

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

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

or for use in a wide variety of applications. The 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 or degreasing of a variety of substrates, or thinning, 

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

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

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

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

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

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

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

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

and top coats. 

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

from fingernails or toenails. 

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

pressurized spray system. 

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

carbon atoms. 

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

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

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

to plants without regard to species. 

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

deposits from oven walls. 

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

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

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

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

modification oflight and heat radiation characteristics. 

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

other related coatings, by chemical action, from a substrate without markedly affecting 
69 

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

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

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

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

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

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

labeled primarily to loosen bonded parts. 

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

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

cologne, perfume, aftershave, and toilet water. This does not include "Deodorant",~ 

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

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

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

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

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

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

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

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

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

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

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

Agency does not consider to be a pesticide. 

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

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

in gloss level, or to cover fingerprints. 

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

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

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

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

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

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

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

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

to all such "Principal Display Panels." 

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

principal display panel of the product. 

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

Section 223.205(a), which best describes the product. 
70 

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

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

A = Aerosol Product 

S =Solid 

P = Pump Spray 

L =Liquid 

SS = Semisolid 

0 =Other 

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

same product category or categories. 

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

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

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

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

product's lal:iel. If the label lists two or more companies, frrms, or establishments, the 

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

"distributed by", as noted on the label. 

"Restricted Materials" means pesticides established as restricted materials under 

applicable Illinois statutes or regulations. 

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

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

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

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

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

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

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

tire. 

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

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

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

massage. 

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

to prevent the corrosion of metal surfaces and labeled as 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 coat that can be abraded to 
71 

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

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

in the "Lacquer" category. 

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

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

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

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

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

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

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

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

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

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

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

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

is immediately resistant to precipitation upon application. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

container be shaken before use. 

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

(such as the particles comprising a powder), is not capable of visually detectable flow as 

determined under ASTM D4359-90, incorporated by reference in Section 223.120, or an 

equivalent method approved by the California Air Resources Board. 
72 

"Special Purpose Spray Adhesive" means an aerosol adhesive that meets any of the 

following definitions: 

"Mounting Adhesive" means an aerosol adhesive designed to permanently mount 

photographs, artwork, and any other drawn or printed media to a backing (paper, 

board, cloth, etc.) without causing discoloration to the artwork. 

"Flexible Vinyl Adhesive" means an aerosol adhesive designed to bond flexible 

vinyl to substrates. Flexible vinyl means a nonrigid polyvinyl chloride plastic 

with at least five percent, by weight, of plasticizer content. A plasticizer is a 

material, such as a high boiling point organic solvent, that is incorporated into a 

plastic to increase its flexibility, workability, or distensibility, and may be 

determined using ASTM E260-96, incorporated by reference in Section 223.120, 

or from product formulation data or an equivalent method approved by the 

CARB. 

"Polystyrene Foam Adhesive" means an aerosol adhesive designed to bond 

polystyrene foam to substrates. 

"Automobile Headliner Adhesive" means an aerosol adhesive designed to bond 

together layers in motor vehicle headliners. 

"Polyolefin Adhesive" means an aerosol adhesive designed to bond polyolefins to 

substrates. 

"Laminate Repair/Edgebanding Adhesive" means an aerosol adhesive designed 

for: 

The touch-up or repair of items laminated with high pressure laminates 

(e.g., lifted edges, delaminates, etc.); or 

The touch-up, repair, or attachment of edgebanding materials, including 

but not limited to other laminates, synthetic marble, veneers, wood 

molding, and decorative metals. 

For the purposes of this definition "high pressure laminate" means sheet 

materials that consist of paper, fabric, or other core material that have been 

laminated at temperatures exceeding 265° F, and at pressures between 

I ,000 and I ,400 psi. 

"Automotive Engine Compartment Adhesive" means an aerosol adhesive 

designed for use in motor vehicle under-the-hood applications which require oil 

and plasticizer resistance, as well as high shear strength, at temperatures of 200 to 

275° F. 

"Spot Remover" means any product labeled to clean localized areas, or remove localized 
73 

spots or stains on cloth or fabric such as drapes, carpets, upholstery, and clothing, that 

does not require subsequent laundering to achieve stain removal. This does not include 

"Dry Cleaning Fluid", "Laundry Prewash", or "Multi-Purpose Solvent." 

"Spray Buff Product" means a product designed to restore a worn floor finish in 

conjunction with a floor buffmg machine and special pad. 

"Stick Product" means any antiperspirant or deodorant that contains active ingredients in 

a solid matrix form, and that dispenses the active ingredients by frictional action on the 

affected area. 

"Structural Waterproof Adhesive" means an adhesive whose bond lines are resistant to 

conditions of continuous immersion in fresh or salt water and that conforms with Federal 

Specification MMM-A-181D (Type I, Grade A), incorporated by reference in Section 

223.120, and MIL-A-4605 (Type A, Grade A and Grade C), per the Federal Consumer 

Products Regulation ( 40 CFR 59, subpart C), incorporated by reference in Section 

223.120. 

"Terrestrial" means to live on or grow from land. 

"Tire Sealant and Inflation" means any pressurized product that is designed to 

temporarily inflate and seal a leaking tire. 

"Toilet/Urinal Care Product" means any product designed or labeled to clean and/or to 

deodorize toilet bowls, toilet tanks, or urinals. Toilet bowls, toilet tanks, or urinals 

include, but are not limited to, toilets or urinals connected to permanent plumbing in 

buildings and other structures, portable toilets or urinals placed at temporary or remote 

locations, and toilets or urinals in vehicles such as buses, recreational motor homes, 

boats, ships, and aircraft. This does not include "Bathroom and Tile Cleaner" or 

"General Purpose Cleaner." 

"Type A Propellant" means a compressed gas, such as C02, N2, N20, or compressed air 

that is used as a propellant, and is either incorporated with the product or contained in a 

separate chamber within the product's packaging. 

'Type B Propellant" means any halocarbon that is used as a propellant including 

chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and 

hydrofluorocarbons (HFCs). 

"Type C Propellant" means any propellant that is not a Type A or Type B propellant, 

including propane, isobutane, n-butane, and dimethyl ether (also known as dimethyl 

oxide). 

"Undercoating" means any aerosol product designed to impart a protective, non-paint 

layer to the undercarriage, trunk interior, and/or frrewall of motor vehicles to prevent the 
74 

formation of rust or to deaden sound. This includes, but is not limited to, rubberized, 

mastic, or asphaltic products. 

"Usage Directions" means the text or graphics on the product's principal display panel, 

label, or accompanying literature that describes to the end user how and in what quantity 

the product is to be used. 

"Yinyl/Fabric/Leather/Polycarbonate Coating" means a coating designed and labeled 

exclusively to coat vinyl. fabric. leather, or polycarbonate substrates. 

"YOM Content" means, for purposes of this Subpart, except for charcoal lighter 

products, the total weight of YOM in a product expressed as a percentage of the product 

weight (exclusive of the container or packaging), as determined pursuant to Section 

223.285(a) and (b). 

For charcoal lighter material products only, 

"OC C (Certified Emissions x 1 00) '• mllent = '--"----,---,------'- Certified Use Rate 

Certified 

Emissions 

Certified 

Use Rate 

The emissions level for products approved by the 

Agency under Section 223.220, as determined pursuant to 

South Coast Air Quality Management District Rule 1174, 

Ignition Method Compliance Certification Protocol 

(February 27, 1991), incorporated by reference in Section 

223.120, expressed to the nearest 0.001 pound CH2 per 

start. 

The usage level for products approved by the Agency under 

Section 223 .220, as determined pursuant to South Coast Air 

Quality Management District Rule 1174, Ignition Method 

Compliance Certification Protocol (February 27, 1991), 

incorporated by reference in Section 223.120,_expressed to 

the nearest 0.001 pound certified product used per start. 

For purposes of Subpart C of this Part, "YOM Content" means the weight of 

YOM per volume of coating, calculated according to the procedures specified in 

Section 223.340(a). 

"Wasp and Hornet Insecticide" means any insecticide product that is designed for use 

against wasps, hornets, yellow jackets or bees by allowing the user to spray from a 

distance a directed stream or burst at the intended insects, or their hiding place. 
75 

"Waterproofer" means a product designed and labeled exclusively to repel water from 

fabric or leather substrates, excluding "Fabric Protectants". 

"Wax" means a material or synthetic thermoplastic substance generally of high molecular 

weight hydrocarbons or high molecular weight esters offatty acids or alcohols, except 

glycerol and high polymers (plastics). This includes, but is not limited to, substances 

derived from the secretions of plants and animals such as camuba wax and beeswax, 

substances of a mineral origin such as ozocerite and paraffin, and synthetic polymers 

such as polyethylene. 

"Web Spray Adhesive" means any aerosol adhesive that is not a mist spray or special 

purpose spray adhesive. 

"Wood Cleaner" means a product labeled to clean wooden materials, including but not 

limited to decking, fences, flooring, logs, cabinetry, and furniture. The term does not 

include "Dusting Aid", "General Purpose Cleaner", "Furniture Maintenance Product", 

"Floor Wax Stripper", "Floor Polish or Wax", or products designed and labeled 

exclusively to preserve or color wood. 

"Wood Floor Wax" means wax-based products for use solely on wood floors. 

(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, or manufacture for sale in Illinois any consumer 

product manufactured on or after the date specified below.ffily 1, 2QQ9 that 

contains VOMs in excess of the limits specified in this subsection: 

Julv 1, 2009 July I, 2012 

%VOM %VOM 

Affected Product % VOMbv Weight bv Weight 

ll Adhesive Removers 

hl Floor or Wall Covering 

ID Gasket or Thread Locking 

g General Pumose 

ill Specialty 70 

f.+) Adhesives- Spray 
A) 

B) 

Mist Spray 

Web Spray 

76 

65 

55 

C) Special Purpose Spray Adhesives 

i) Mounting, Automotive Engine 

Compartment, and Flexible Vinyl 70 

ii) Polystyrene Foam and 

Automotive Headliner 65 

iii) Polyolefin and Laminate 

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 Washer Fluids 35 

14±+) Bathroom and Tile Cleaners 

A) Aerosol 7 

B) All Other Forms 5 

J2H) Bug and Tar Remover 40 

16H) Carburetor or Fuel-Injection Air 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 

OMVOM 
78 

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~) Floor Polishes I Waxes 

A) Products for Flexible Flooring Materials 7 

B) Products for N onresilient Flooring 10 

C) Wood Floor Wax 90 

28~) Floor Wax Strippers see Section 223.209 

w Footwear or Leather Care Products 

A} Aerosol 75 

ID Solid 55 

g Other F orrns li 

30;g) Furniture Maintenance Products 

A) Aerosol 17 
79 

B) All Other Forms Except Solid or Paste 7 

J1_;!4) General Purpose Cleaners 

A) Aerosol 10 

B) Non-Aerosol 4 

32~) General Purpose Degreasers 

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.) Hair Mousses 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 Other Forms l 

4@) Heavy Duty Hand Cleaner or Soap 8 

41~) Insecticides 

A) Crawling Bug (Aerosol) 15 
80 

B) Crawling Bug (All Other Forms) 20 

C) Flea and Tick 25 

D) Flying Bug (Aerosol) 25 

E) Flying Bug (All Other Forms) 35 

F) Foggers 45 

G) Lawn and Garden (Aerosol) 20 

H) Lawn and Garden (All Other Forms) 3 

I) Wasp and Hornet 40 

42;;;) Laundry Prewash 

A) Aerosols I Solids 22 

B) All Other Forms 5 

43~) Laundry Starch Products 5 

4435) Metal Polishes I Cleansers 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, or manufacture for sale in Illinois, on 

or after July I, 2009, any antiperspirant or deodorant that contains any compound 

listed below: 

Benzene 

Ethylene Dibromide 

Ethylene Dichloride 

Hexavalent Chromium 

Asbestos 

Cadmium (metallic cadmium and cadmium compounds) 

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 under FIFRA 

For those consumer products that are registered under the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA, 7 USC 136 through 136y), incorporated by reference in Section 

223.120, the effective date of the 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 of aerosol 

adhesives, including consumer, industrial, and commercial uses. Except as 

otherwise provided in Sections 223.207,223.230,223.240, and 223.245, no 

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

aerosol adhesive that, at the time of sale, use, or manufacture, contains VOMs in 

excess of the specified standard. 

b) Special Purpose Spray Adhesive. 
83 

I) In order to qualify as a Special Purpose Spray Adhesive the product must 

meet one or more of the definitions for Special Purpose Spray Adhesive 

specified in Section 223.203, but if the product label indicates that the 

product is suitable for use on any substrate or application not listed in one 

of the defmitions for Special Purpose Spray Adhesive, then the product 

shall be classified as either a Web Spray Adhesive or a Mist Spray 

Adhesive. 

2) If a product meets more than one of the definitions specified in Section 

223.203 for Special Purpose Spray Adhesive and is not classified as a 

Web Spray Adhesive or Mist Spray Adhesive under Section 223.203, then 

the VOC limit for the product shall be the lowest applicable VOM limit 

specified in Section 223.205(a). 

c) Effective July I, 2009, no person shall sell, supply, offer for sale, or manufacture 

for use in Illinois any aerosol adhesive that contains any of the following 

compounds: methylene chloride, perchloroethylene, or trichloroethylene. 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 egual to or less than 0.01% by weight. 

d) All aerosol adhesives must comply with the labeling requirements specified in 

Section 223.265. 

(Source: Amended at 36 Ill. Reg. __ , effective __ ..J 

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 

J!.l No person shall sell. supply, offer for sale. or manufacture for use in Illinois any 

Adhesive Removers. Contact Adhesives, Electrical Cleaners. Electronic Cleaners, 

Footwear or Leather Care Products. General Puroose Degreasers. and Graffiti 

Removers manufactured on or after July I. 2012, that contain any of the following 

compounds: methylene chloride, perchloroethylene. or trichloroethylene 

hl Impurities 

The requirements of Section 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. or trichloroethylene that is present as an 

impurity in a combined amount egual to or less than 0.01% by weight. 
84 

(Source: Added at 36 Ill. Reg. __ , effective __ _, 

SUBPART C: ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS 

Section 223.305 Applicability 

This Subpart is applicable to any person who supplies, sells, offers for sale, or manufactures any 

architectural coating for use within the State of Illinois, as well as any person who applies or 

solicits the application of any architectural coating within Illinois. This Subpart does not apply 

to: 

a) Any architectural coating that is sold or manufactured for use outside of the State 

of Illinois or for shipment to other manufacturers for reformulation or 

repackaging. 

b) Any aerosol coating product. 

c) Any architectural coating that is sold in a container with a volume of one liter 

(1.057 quart) or less. For the purposes of this subsection the volume of 

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

that is packaged as unit of retail sale or for use by the consumer. 

(Source: Amended at 36 Ill. Reg. ____ ,, effective-------' 

IT IS SO ORDERED. 

I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that 

the Board adopted the above order on January 5, 2012, by a vote of 5-0. 

John T. Theniault, Assistant Clerk 

Illinois Pollution Control Board