Proposed Variance from the Volatile Organic Compound Emission Standards for Consumer Products; Reckitt Benckiser Variance Application for Air Wick® Freshmatic® Single-Phase Aerosol Air Freshener; Public Hearings
[40 Pa.B. 4213]
[Saturday, July 24, 2010]
Reckitt Benckiser (Reckitt) has submitted a variance application, dated June 16, 2010, to the Department of Environmental Protection (Department) for a variance from the volatile organic compound (VOC) limits in 25 Pa. Code § 130.211 (relating to table of standards) for single-phase aerosol air fresheners. The application was submitted in accordance with 25 Pa. Code § 130.411 (relating to application for variance). The application must address the specific grounds upon which the variance is sought, the proposed date by which compliance with 25 Pa. Code § 130.211 will be achieved and a compliance report detailing the methods by which compliance will be achieved. The Department will not grant a variance unless the applicant demonstrates in writing to the Department's satisfaction that:
(1) Because of reasons beyond the reasonable control of the applicant, requiring compliance with 25 Pa. Code § 130.211 would result in extraordinary economic hardship.
(2) The public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding increased emissions of air contaminants that would result from issuing the variance.
(3) The compliance program proposed by the applicant can reasonably be implemented and will achieve compliance as expeditiously as possible.
Reckitt states in its application that it is temporarily unable to comply with the VOC content limit (30% by weight) specified in 25 Pa. Code § 130.211 for its Air Wick® FreshmaticTM (AWF) air freshener product because ExxonMobil has ceased supplying consumer product manufacturers with diluent IsoparTM due to the urgent need for dispersants to fight the Deepwater Horizon oil spill in the Gulf of Mexico. Reckitt stated that, due to market demands, it is unable to suspend distribution of AWF products while it develops and implements an alternative formulation without incurring extraordinary hardship. Reckitt has requested a variance to allow the manufacture and distribution of the Canadian formulation of AWF, which exceeds 30% VOC by weight, until the earliest of: (1) the completion of an alternate formulation of AWF that meets the 30% VOC emission standard, including the time necessary to qualify the alternate formulation and secure a reliable supply; (2) the resumption of supply and distribution of IsoparTM in sufficient quantities to meet Reckitt's production needs; or (3) December 31, 2010. Reckitt stated it intends to provide regular status reports to inform the Department of how much of the higher VOC Canadian formula has been shipped to this Commonwealth and when one of the first two deadlines is likely to be triggered. Reckitt provided an estimate that distribution of the Canadian formula of AWF would result in approximately 14.1 tons of excess VOC per month in this Commonwealth beyond the regulatory limit, based on normal historic sales volumes.
Availability of Documents
Reckitt's application for variance and the Department's proposed Variance Order are available from Ronald Gray, Acting Chief, Division of Compliance and Enforcement, Bureau of Air Quality, P. O. Box 8468, Harrisburg, PA 17105-8468, email@example.com. Reckitt's application for variance and the Department's proposed Variance Order are also available on the Department's web site: www. depweb.state.pa.us (Subjects, Air Quality, Regs/Plans, Clean Air Plans).
In accordance with 25 Pa. Code § 130.471 (relating to public hearings), the Department will hold three public hearings to take public comment on the application for a variance and the proposed issuance of a variance order. Specifically, the Department is seeking comment on the following:
(1) Whether a variance from the requirements in 25 Pa. Code § 130.211 is necessary.
(2) Under what conditions a variance from the requirements in 25 Pa. Code § 130.211 is necessary.
(3) To what extent a variance from the requirements in 25 Pa. Code § 130.211 is necessary.
The public hearings will begin at 1 p.m. as follows:
August 24, 2010 Northwest Regional Office
1st Floor Conference Room B
230 Chestnut Street
Meadville, PA 16335
August 25, 2010 Southcentral Regional Office
Susquehanna River Conference Room A
909 Elmerton Avenue
Harrisburg, PA 17110
August 26, 2010 Southeast Regional Office
Schuylkill River Conference Room
2 East Main Street
Norristown, PA 19401
Persons wishing to present testimony at a hearing should reserve a time by contacting Sharon Horne, P. O. Box 8468, Harrisburg, PA 17105-8468, (717) 787-9257, firstname.lastname@example.org. Persons who do not reserve a time will be able to testify as time allows. Witnesses should keep testimony to 10 minutes and should provide two written copies at the hearing. Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other accommodation to participate in the proceedings should contact Ronald Gray, (717) 772-4482. TDD users should contact the Pennsylvania AT&T Relay Service at (800) 654-5984 to discuss how the Department can best accommodate their needs.
Written comments should be sent by 12 p.m. on September 25, 2010, to Ronald Gray, Acting Chief, Division of Compliance and Enforcement, Bureau of Air Quality, P. O. Box 8468, Harrisburg, PA 17105-8468. The Department will accept comments submitted by e-mail at email@example.com, but comments submitted by facsimile will not be accepted. A return name and address must be included in each e-mail transmission.
[Pa.B. Doc. No. 10-1334. Filed for public inspection July 23, 2010, 9:00 a.m.]
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