Formaldehyde Emissions from Composite Wood Products; TSCA Section 21 Petition; Notice of Receipt, 22369-22372 [E8-9136]
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Federal Register / Vol. 73, No. 81 / Friday, April 25, 2008 / Notices
I. General Information
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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 Hevea
brasiliensis natural rubber latex
adhesives. Potentially affected entities
may include, but are not limited to:
• NAICS code 325520, Adhesive
Manufacturing.
• NAICS code 424690, Other
Chemical and Allied Products Merchant
Wholesalers.
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 Hevea brasiliensis natural
rubber latex adhesives. 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
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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
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 March 6, 2008, Michael J.
Dochniak petitioned EPA under TSCA
section 21. The petitioner is concerned
about risks to human health and the
environment from exposure to Hevea
brasiliensis natural rubber latex
adhesives. He is petitioning EPA ‘‘to
establish regulations prohibiting the use
and distribution in commerce of Hevea
brasiliensis natural rubber latex
adhesives having a total protein content
greater than 200 micrograms per dry
weight of latex based on the American
Society for Testing and Material’s
method ASTM D1076–06 (Category 4),’’
because ‘‘implementation of an EPA
regulation may affect the incidence and
prevalence of latex allergy and allergyinduced autism in neonates.’’
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C. EPA Seeks Public Comment
Under TSCA section 21, EPA must
either grant or deny a petition within 90
days. Because the 90 day response date
is June 3, 2008, EPA will allow the
public until May 12, 2008 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 https://www.epa.gov/fedrgstr/
EPA-GENERAL/2003/July/Day-01/
g16328.htm. That document is also
available on-line at https://www.epa.gov/
osa/spc/assess.htm.
List of Subjects
Environmental protection, antigenic
proteins, Asperger syndrome, Autism,
Hevea brasiliensis natural rubber latex
adhesives.
Dated: April 18, 2008.
James Jones,
Acting Assistant Administrator, Office of
Prevention, Pesticides and Toxic Substances.
[FR Doc. E8–9041 Filed 4–24–08; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2008–0267; FRL–8362–6]
Formaldehyde Emissions from
Composite Wood Products; TSCA
Section 21 Petition; Notice of Receipt
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
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 on
March 24, 2008, from 25 organizations
and approximately 5,000 individuals.
The petitioners are concerned about
risks to human health and the
environment from exposure to
formaldehyde in composite wood
products, including hardwood plywood,
particle board, and medium density
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fiberboard. They are petitioning EPA to
assess and reduce these risks by
exercising its authority under TSCA
section 6(a) to: Adopt and apply
nationally the formaldehyde emissions
regulation for composite wood products
recently approved by the California Air
Resources Board; and to extend the
regulation to include composite wood
products used in manufactured homes.
EPA must either grant or deny a TSCA
section 21 petition within 90 days of
receipt of the petition, which for this
petition is June 21, 2008.
DATES: Comments must be received on
or before May 12, 2008.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPPT–2008–0267, by
one of the following methods:
• Federal eRulemaking Portal: https://
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–2008–0267.
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–
2008–0267. EPA’s policy is that all
comments received will be included in
the docket without change and may be
made available on-line at https://
www.regulations.gov, including any
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 email. 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
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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 https://
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 https://
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
https://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
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 FURTHER INFORMATION CONTACT:
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For technical information contact:
Mary Belefski, Office of Science
Coordination and Policy (7201M),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(202) 564–8461; e-mail address:
belefski.mary @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 composite wood
products, including hardwood plywood,
particle board, and medium density
fiberboard. Potentially affected entities
may include, but are not limited to:
• Veneer, plywood, and engineered
wood product manufacturing (NAICS
code 3212).
• Manufactured home (mobile home)
manufacturing (NAICS code 321991).
• Prefabricated wood building
manufacturing (NAICS code 321992).
• All other basic organic chemical
manufacturing (NAICS code 325199),
e.g., formaldehyde manufacturing.
• Furniture and related product
manufacturing (NAICS code 337).
• Furniture merchant wholesalers
(NAICS code 42321).
• Lumber, plywood, millwork, and
wood panel merchant wholesalers
(NAICS code 42331).
• Other construction material
merchant wholesalers (NAICS code
423390), e.g., merchant wholesale
distributors of manufactured homes
(i.e., mobile homes) and/or
prefabricated buildings.
• Furniture stores (NAICS code 4421).
• Building material and supplies
dealers (NAICS code 4441).
• Manufactured (mobile) home dealers
(NAICS code 45393).
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. 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.
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Federal Register / Vol. 73, No. 81 / Friday, April 25, 2008 / Notices
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.
sroberts on PROD1PC70 with NOTICES
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
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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 March 24, 2008, the Sierra Club,
National Center for Healthy Housing,
National Coalition to End Childhood
Lead Poisoning, Alliance for Healthy
Homes, National Housing Institute,
Healthy Building Network, Gulf Coast
Environmental Restoration Task Force
of Sierra Club, Next Generation Choices
Foundation, Improving Kids’
Environment, EarthRose Institute,
Grassroots Environmental Education,
Healthy Homes of Louisiana, Lower
Mississippi Riverkeeper, Women’s
Community Cancer Project, Gulf Coast
D’Iberville Volunteers Foundation,
Advocates for Environmental Human
Rights, Environmental Health Watch,
North Gulfport Community Land Trust,
Louisiana Environmental Action
Network, Allergy and Environmental
Health Assoc., Aspen River
Construction, DeVany Industrial
Consultant, Protect Sacred Sites
‘‘Indigenous People, One Nation,’’
United People of the Cherokee Nation,
Clean Air Athens, and approximately
5,000 individuals petitioned EPA under
TSCA section 21. The petitioners are
concerned about risks to human health
and the environment from exposure to
formaldehyde emitted from composite
wood products, including hardwood
plywood, particle board, and medium
density fiberboard. They are petitioning
EPA to assess and reduce these risks by
exercising its authority under TSCA
section 6(a) to:
1. Adopt and apply nationally the
formaldehyde emissions regulation for
composite wood products, including
hardwood plywood, particle board, and
medium density fiberboard, recently
adopted by the California Air Resources
Board.
2. Extend the regulation to include
composite wood products used in
manufactured homes.
C. EPA Seeks Public Comment
Under TSCA section 21, EPA must
either grant or deny a petition within 90
days. Because the 90–day response date
is June 21, 2008, EPA will allow the
public until May 12, 2008 to reply with
any additional information relevant to
the issues identified in the petition, a
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22371
copy of which can be obtained from the
public docket (see ADDRESSES).
While EPA is interested in any
information relevant to the issues
identified in the petition, EPA is
particularly interested in comments that
address any of the following questions:
1. Present domestic composite wood
market. What percentage (by volume of
product) of the domestic hardwood
plywood, particle board, and medium
density fiberboard (‘‘composite wood’’)
markets, exclusive of California,
presently conform to the Phase 1 or
Phase 2 emissions limits in the
California Air Toxic Control Measure
(ATCM) for formaldehyde in composite
wood products? For information on the
California ATCM see https://
www.arb.ca.gov/toxics/compwood/
compwood.htm.
2. Future domestic composite wood
market—i. What percentage (by volume
of product) of the domestic composite
wood market, exclusive of California,
anticipates conforming to the California
ATCM in the future?
ii. How is this likely to vary by region
of the country, as compared to the
national market?
3. Formaldehyde emitting
substitutes—i. What low or no
formaldehyde emitting substitutes exist?
ii. What percentage of the composite
wood market uses them?
iii. What percentage of the national
composite wood market, exclusive of
California, is expected to use them after
2012 (when California’s Phase 2
emission limits have become effective)?
4. Composite wood products used in
manufactured housing. While the
California regulation does not apply to
manufactured housing, the petitioners
have asked EPA to apply the California
regulation ‘‘to composite wood products
used in manufactured housing’’:
i. What percentage of the composite
wood market is used in manufactured
housing?
ii. How are the composite wood
products used in manufactured housing
different from composite wood products
subject to the California regulation?
iii. What is the annual volume of
composite wood products used in
manufactured housing?
iv. What percentage of composite
wood products (by volume of product)
is used in manufactured housing and is
therefore not subject to the California
regulations?
v. What percentage of composite
wood products used for manufactured
housing and not subject to California’s
regulations nonetheless meets the
California emission limits?
In assessing the usability of any data
or information that may be submitted,
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Superfund Site by one of the following
methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: Batchelor.Paula@epa.gov.
• Fax: 404–562–8842/Attn: Paula V.
Batchelor.
• Mail: Ms. Paula V. Batchelor, U.S.
EPA Region 4, SD–SEIMB, 61 Forsyth
Street, SW., Atlanta, Georgia 30303. ‘‘In
addition, please mail a copy of your
comments on the information collection
provisions to the Office of Information
and Regulatory Affairs, Office of
Management and Budget (OMB), Attn:
Desk Officer for EPA, 725 17th St., NW.,
List of Subjects
Washington, DC 20503.’’
Environmental protection, Composite
Instructions: Direct your comments to
wood products, Formaldehyde,
Docket ID No. EPA–RO4–SFUND–2008–
Housing, Toxic Substance Control Act
0305. EPA’s policy is that all comments
(TSCA).
received will be included in the public
docket without change and may be
Dated: April 21, 2008.
made available online at https://
James B. Gulliford,
www.regulations.gov, including any
Assistant Administrator, Office of Prevention, personal information provided, unless
Pesticides and Toxic Substances.
the comment includes information
[FR Doc. E8–9136 Filed 4–24–08; 8:45 am]
claimed to be Confidential Business
BILLING CODE 6560–50–S
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
ENVIRONMENTAL PROTECTION
consider to be CBI or otherwise
AGENCY
protected through https://
www.regulations.gov or e-mail. The
[Docket# EPA–RO4–SFUND–2008–0305;
https://www.regulations.gov Web site is
FRL–8558–3]
an ‘‘anonymous access’’ system, which
Smalley-Piper Superfund Site;
means EPA will not know your identity
Collierville, Shelby County, TN; Notice
or contact information unless you
of Settlement
provide it in the body of your comment.
If you send an e-mail comment directly
AGENCY: Environmental Protection
to EPA without going through https://
Agency (EPA).
www.regulations.gov your e-mail
ACTION: Notice of settlement.
address will be automatically captured
and included as part of the comment
SUMMARY: Under Section 122(h)(1) of the
that is placed in the public docket and
Comprehensive Environmental
made available on the Internet. If you
Response, Compensation and Liability
submit an electronic comment, EPA
Act (CERCLA), the United States
recommends that you include your
Environmental Protection Agency has
name and other contact information in
entered into a settlement for
the body of your comment and with any
reimbursement of past response costs
disk or CD–ROM you submit. If EPA
concerning the Smalley-Piper
cannot read your comment due to
Superfund Site located in Collierville,
technical difficulties and cannot contact
Shelby County, Tennessee for
you for clarification, EPA may not be
publication.
able to consider your comment.
DATES: The Agency will consider public
Electronic files should avoid the use of
comments on the settlement until May
special characters, any form of
27, 2008. The Agency will consider all
encryption, and be free of any defects or
comments received and may modify or
viruses. For additional information
withdraw its consent to the settlement
about EPA’s public docket visit the EPA
if comments received disclose facts or
Docket Center homepage at https://
considerations which indicate that the
epa.gov/epahome/dockets.htm.
settlement is inappropriate, improper,
Docket: All documents in the docket
or inadequate.
are listed in the https://
www.regulations.gov index. Although
ADDRESSES: Copies of the settlement are
listed in the index, some information is
available from Ms. Paula V. Batchelor.
not publicly available, e.g., CBI or other
Submit your comments, identified by
Docket ID No. EPA–RO4–SFUND–2008– information whose disclosure is
restricted by statute. Certain other
0305 or Site name Smalley-Piper
sroberts on PROD1PC70 with NOTICES
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 https://www.epa.gov/
fedrgstr/EPA-GENERAL/2003/July/Day01/g16328.htm. That document is also
available on-line at https://www.epa.gov/
osa/spc/assess.htm.
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material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at
the U.S. EPA Region 4 office located at
61 Forsyth Street, SW., Atlanta, Georgia
30303. Regional office is open from 7
a.m. until 6:30 p.m. Monday through
Friday, excluding legal holidays.
Written comments may be submitted
to Ms. Batchelor within 30 calendar
days of the date of this publication.
FOR FURTHER INFORMATION CONTACT:
Paula V. Batchelor at 404–562–8887.
Dated: March 8, 2008.
Anita L. Davis,
Chief, Superfund Enforcement & Information
Management Branch, Superfund Division.
[FR Doc. E8–9129 Filed 4–24–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8558–2; Docket ID No. EPA–HQ–ORD–
2008–0245]
Draft Toxicological Review of Ethylene
Glycol mono-Butyl Ether (EGBE): In
Support of the Summary Information in
the Integrated Risk Information System
(IRIS)
Environmental Protection
Agency (EPA).
ACTION: Notice of public comment
period.
AGENCY:
SUMMARY: The EPA is announcing a
public comment period for the external
review draft document entitled,
‘‘Toxicological Review of Ethylene
Glycol mono-Butyl Ether (EGBE): In
Support of Summary Information on the
Integrated Risk Information System
(IRIS)’’ (EPA/635/R–08/006A). EPA
intends to consider comments and
recommendations from the public and
the expert panel meeting, which will be
scheduled at a later date and announced
in the Federal Register, when EPA
finalizes the draft document. The public
comment period will provide
opportunities for all interested parties to
comment on the document. EPA intends
to forward public comments, submitted
in accordance with this notice, to the
external peer-review panel prior to the
workshop for their consideration.
EPA is releasing this draft document
solely for the purpose of predissemination public review under
applicable information quality
guidelines. This document has not been
formally disseminated by EPA. It does
not represent and should not be
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[Federal Register Volume 73, Number 81 (Friday, April 25, 2008)]
[Notices]
[Pages 22369-22372]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9136]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2008-0267; FRL-8362-6]
Formaldehyde Emissions from Composite Wood Products; 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 on
March 24, 2008, from 25 organizations and approximately 5,000
individuals. The petitioners are concerned about risks to human health
and the environment from exposure to formaldehyde in composite wood
products, including hardwood plywood, particle board, and medium
density
[[Page 22370]]
fiberboard. They are petitioning EPA to assess and reduce these risks
by exercising its authority under TSCA section 6(a) to: Adopt and apply
nationally the formaldehyde emissions regulation for composite wood
products recently approved by the California Air Resources Board; and
to extend the regulation to include composite wood products used in
manufactured homes. EPA must either grant or deny a TSCA section 21
petition within 90 days of receipt of the petition, which for this
petition is June 21, 2008.
DATES: Comments must be received on or before May 12, 2008.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2008-0267, by one of the following methods:
Federal eRulemaking Portal: https://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-2008-0267. 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-
2008-0267. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
https://www.regulations.gov, including any 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 https://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
https://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 https://
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: Mary Belefski, Office of Science
Coordination and Policy (7201M), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 564-8461; e-mail address: belefski.mary @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 composite wood products, including hardwood plywood, particle
board, and medium density fiberboard. Potentially affected entities may
include, but are not limited to:
Veneer, plywood, and engineered wood product manufacturing
(NAICS code 3212).
Manufactured home (mobile home) manufacturing (NAICS code
321991).
Prefabricated wood building manufacturing (NAICS code
321992).
All other basic organic chemical manufacturing (NAICS code
325199), e.g., formaldehyde manufacturing.
Furniture and related product manufacturing (NAICS code
337).
Furniture merchant wholesalers (NAICS code 42321).
Lumber, plywood, millwork, and wood panel merchant
wholesalers (NAICS code 42331).
Other construction material merchant wholesalers (NAICS
code 423390), e.g., merchant wholesale distributors of manufactured
homes (i.e., mobile homes) and/or prefabricated buildings.
Furniture stores (NAICS code 4421).
Building material and supplies dealers (NAICS code 4441).
Manufactured (mobile) home dealers (NAICS code 45393).
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. 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.
[[Page 22371]]
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 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 March 24, 2008, the Sierra Club, National Center for Healthy
Housing, National Coalition to End Childhood Lead Poisoning, Alliance
for Healthy Homes, National Housing Institute, Healthy Building
Network, Gulf Coast Environmental Restoration Task Force of Sierra
Club, Next Generation Choices Foundation, Improving Kids' Environment,
EarthRose Institute, Grassroots Environmental Education, Healthy Homes
of Louisiana, Lower Mississippi Riverkeeper, Women's Community Cancer
Project, Gulf Coast D'Iberville Volunteers Foundation, Advocates for
Environmental Human Rights, Environmental Health Watch, North Gulfport
Community Land Trust, Louisiana Environmental Action Network, Allergy
and Environmental Health Assoc., Aspen River Construction, DeVany
Industrial Consultant, Protect Sacred Sites ``Indigenous People, One
Nation,'' United People of the Cherokee Nation, Clean Air Athens, and
approximately 5,000 individuals petitioned EPA under TSCA section 21.
The petitioners are concerned about risks to human health and the
environment from exposure to formaldehyde emitted from composite wood
products, including hardwood plywood, particle board, and medium
density fiberboard. They are petitioning EPA to assess and reduce these
risks by exercising its authority under TSCA section 6(a) to:
1. Adopt and apply nationally the formaldehyde emissions regulation
for composite wood products, including hardwood plywood, particle
board, and medium density fiberboard, recently adopted by the
California Air Resources Board.
2. Extend the regulation to include composite wood products used in
manufactured homes.
C. EPA Seeks Public Comment
Under TSCA section 21, EPA must either grant or deny a petition
within 90 days. Because the 90-day response date is June 21, 2008, EPA
will allow the public until May 12, 2008 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).
While EPA is interested in any information relevant to the issues
identified in the petition, EPA is particularly interested in comments
that address any of the following questions:
1. Present domestic composite wood market. What percentage (by
volume of product) of the domestic hardwood plywood, particle board,
and medium density fiberboard (``composite wood'') markets, exclusive
of California, presently conform to the Phase 1 or Phase 2 emissions
limits in the California Air Toxic Control Measure (ATCM) for
formaldehyde in composite wood products? For information on the
California ATCM see https://www.arb.ca.gov/toxics/compwood/compwood.htm.
2. Future domestic composite wood market--i. What percentage (by
volume of product) of the domestic composite wood market, exclusive of
California, anticipates conforming to the California ATCM in the
future?
ii. How is this likely to vary by region of the country, as
compared to the national market?
3. Formaldehyde emitting substitutes--i. What low or no
formaldehyde emitting substitutes exist?
ii. What percentage of the composite wood market uses them?
iii. What percentage of the national composite wood market,
exclusive of California, is expected to use them after 2012 (when
California's Phase 2 emission limits have become effective)?
4. Composite wood products used in manufactured housing. While the
California regulation does not apply to manufactured housing, the
petitioners have asked EPA to apply the California regulation ``to
composite wood products used in manufactured housing'':
i. What percentage of the composite wood market is used in
manufactured housing?
ii. How are the composite wood products used in manufactured
housing different from composite wood products subject to the
California regulation?
iii. What is the annual volume of composite wood products used in
manufactured housing?
iv. What percentage of composite wood products (by volume of
product) is used in manufactured housing and is therefore not subject
to the California regulations?
v. What percentage of composite wood products used for manufactured
housing and not subject to California's regulations nonetheless meets
the California emission limits?
In assessing the usability of any data or information that may be
submitted,
[[Page 22372]]
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 https://www.epa.gov/
fedrgstr/EPA-GENERAL/2003/July/Day-01/g16328.htm. That document is also
available on-line at https://www.epa.gov/osa/spc/assess.htm.
List of Subjects
Environmental protection, Composite wood products, Formaldehyde,
Housing, Toxic Substance Control Act (TSCA).
Dated: April 21, 2008.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.
[FR Doc. E8-9136 Filed 4-24-08; 8:45 am]
BILLING CODE 6560-50-S
