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Air Fresheners; TSCA Section 21 Petition; Notice of Receipt
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: October 23, 2007 (Volume 72, Number 204)]
[Notices]
[Page 60016-60018]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23oc07-39]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2007-1016; FRL-8154-5]
Air Fresheners; TSCA Section 21 Petition; Notice of Receipt
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces that EPA has received a petition under
section 21 of the Toxic Substances Control Act (TSCA), and requests
comments on issues raised by the petition. The petition was received
from the Sierra Club, the National Center for Healthy Housing, the
Alliance for Healthy Homes, and the Natural Resources Defense Council
on September 20, 2007. The petitioners are concerned about risks to
human health and the environment from exposure to air fresheners. They
are petitioning EPA to assess and reduce these risks by exercising its
authority under TSCA sections 8(c), 8(d), 4, and 6(a)(3). EPA must
either grant or deny a TSCA section 21 petition within 90 days of
receipt of the petition, and will, therefore, respond to this petition
by December 18, 2007.
DATES: Comments must be received on or before November 7, 2007.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2007-1016, by one of the following methods:
• Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
• Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
• Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID Number EPA-HQ-OPPT-2007-1016. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is (202) 564-8930. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2007-1016. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any
[[Page 60017]]
personal information provided, unless the comment includes information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Do not submit
information that you consider to be CBI or otherwise protected through
regulations.gov or e-mail. The regulations.gov website is an
``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through regulations.gov, your e-mail address will be
automatically captured and included as part of the comment that is
placed in the docket and made available on the Internet. If you submit
an electronic comment, EPA recommends that you include your name and
other contact information in the body of your comment and with any disk
or CD-ROM you submit. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment. Electronic files should avoid the use of
special characters, any form of encryption, and be free of any defects
or viruses. For additional information about EPA's public docket, visit
the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available electronically at http://
www.regulations.gov, or, if only available in hard copy, at the OPPT
Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at
Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC.
The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. The telephone
number of the EPA/DC Public Reading Room is (202) 566-1744, and the
telephone number for the OPPT Docket is (202) 566-0280. Docket visitors
are required to show photographic identification, pass through a metal
detector, and sign the EPA visitor log. All visitor bags are processed
through an X-ray machine and subject to search. Visitors will be
provided an EPA/DC badge that must be visible at all times in the
building and returned upon departure.
FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Linter, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address:
TSCA-Hotline@epa.gov.
For technical information contact: Robert Jones, Chemical Control
Division (7405M), Office Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 564-8161; e-mail address:
jones.robert@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by an action in response to this
petition if you manufacture, process, import, or distribute in commerce
air fresheners or ingredients in air fresheners. Potentially affected
entities may include, but are not limited to:
• Chemical manufacturers (including importers) and
processors (NAICS code 325), e.g., air and room freshener manufacturers
and manufacturers of incense.
• Other miscellaneous manufacturers (including importers)
and processors (NAICS code 3399), e.g., manufacturers of candles and
potpourri.
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities that may potentially be affected
by this action. Other types of entities not listed in this unit could
also be affected. The North American Industrial Classification System
(NAICS) codes have been provided to assist you and others in
determining whether this action might apply to certain entities. To
determine whether you or your business may be affected by this action,
you should carefully examine the TSCA section 21 petition on air
fresheners. If you have any questions regarding the applicability of
this action to a particular entity, consult the technical person listed
under FOR FURTHER INFORMATION CONTACT.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM
that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and
then identify electronically within the disk or CD-ROM the specific
information that is claimed as CBI. In addition to one complete version
of the comment that includes information claimed as CBI, a copy of the
comment that does not contain the information claimed as CBI must be
submitted for inclusion in the public docket. Information so marked
will not be disclosed except in accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you arrived
at your estimate in sufficient detail to allow for it to be reproduced.
vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. Background
A. What is a TSCA Section 21 Petition?
Section 21 of TSCA allows citizens to petition EPA to initiate a
proceeding for the issuance, amendment, or repeal of a rule under TSCA
section 4, 6, or 8 or an order under TSCA section 5(e) or 6(b)(2). A
TSCA section 21 petition must set forth facts that the petitioner
believes establish the need for the action requested. EPA is required
to grant or deny the petition within 90 days of its filing. If EPA
grants the petition, EPA
[[Page 60018]]
must promptly commence an appropriate proceeding. If EPA denies the
petition, EPA must publish its reasons for the denial in the Federal
Register. Within 60 days of denial or expiration of the 90-day period,
if no action is taken, the petitioner may commence a civil action in a
U.S. district court to compel initiation of the requested rulemaking
proceeding.
B. What Action is Requested Under this TSCA Section 21 Petition?
On September 20, 2007, the Sierra Club, the National Center for
Healthy Housing, the Alliance for Healthy Homes, and the Natural
Resources Defense Council petitioned EPA under TSCA section 21. The
petitioners are concerned about risks to human health and the
environment from exposure to air fresheners. They are petitioning EPA
to assess and reduce these risks by exercising its authority under TSCA
sections 8(c), 8(d), 4, and 6(a)(3).
C. EPA Seeks Public Comment
Under TSCA section 21, EPA must either grant or deny a petition
within 90 days. Because EPA must respond to the petition by December
18, 2007, EPA will allow the public until November 7, 2007 to reply
with any additional information relevant to the issues identified in
the petition, a copy of which can be obtained from the public docket
(see ADDRESSES).
In assessing the usability of any data or information that may be
submitted, EPA plans to follow the guidelines in EPA's ``A Summary of
General Assessment Factors for Evaluating the Quality of Scientific and
Technical Information'' (EPA 100B-03/001), referred to as the
``Assessment Factors Document.'' The ``Assessment Factors Document''
was published in the Federal Register issue of July 1, 2003 (68 FR
39086) (FRL-7520-2) and is available on-line at http://www.epa.gov/
fedrgstr/EPA-GENERAL/2003/July/Day-01/g16328.htm. That document is also
available on-line at http://www.epa.gov/osa/spc/assess.htm.
List of Subjects
Environmental protection, Air fresheners, Phthalates, Volatile
Organic Compounds (VOCs).
Dated: October 19, 2007.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.
[FR Doc. E7-20930 Filed 10-22-07; 8:45 am]
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