Mr. Gary E. Graham

Virginia Department of Environmental Quality

629 East Main Street

P.O. Box 1105

Richmond, VA 23218

 

 

Dear Mr. Graham:

 

Willert Home Products appreciates the opportunity to comment on the proposed revisions to Virginia’s Consumer and Commercial Products Regulation [9VAC 5 – 45] related to the control of volatile organic compounds from consumer products. Willert is a leading national manufacturer and marketer of air fresheners and toilet/urinal care products as well as moth preventives and other consumer products. 

 

Willert supports Virginia’s goal of reducing VOC emissions from consumer products to decrease ozone formation.  However, Willert objects to the creation of a new product category, “Toilet/Urinal Care Products”, and the proposed 3% VOC standard for non-aerosol toilet/urinal care products, which taken together will effectively prohibit the use of paradichlorobenzene (PDCB) toilet/urinal care products in Virginia. Prohibiting the use of PDCB will not accomplish the goal of reducing VOC emissions, and at the same time it will deny Virginia consumers an effective and economical product, and will ignore the beneficial characteristics of PDCB. 

 

 

The VOC regulations adopted by most state governments to date have been largely mass-based, meaning that all VOCs are considered to be equal in their potential to react and create ozone. However, different VOCs have widely different degrees of reactivity. 

PDCB has a Maximum Incremental Reactivity (MIR) of 0.2, compared with MIR values of 1.6 to 5 for alternative air fresheners, and therefore contributes very little to ozone formation. This means that other products can be up to 25 times more reactive than PDCB in forming smog. In addition, the other products are not as effective so consumers use more of them, with the unintended consequence of generating even more smog.   

Given the low reactivity of PDCB, a ban will not result in the desired decrease in emissions but will instead place on the market alternative products that will be less effective, more expensive, and ironically may result in more air emissions that will result in lower overall air quality. Virginia is unlikely to achieve the VOC emissions reduction they seek with a de facto ban on PDCB toilet/urinal care products.

 

 

If the proposed regulation is adopted, there would also be an economic impact. PDCB toilet/urinal care products are low cost and are the most commonly used deodorizers on the market, routinely used by stores, restaurants, and other small businesses as well as consumers, especially those with low incomes and large families.  A ban on PDCB would force usage of less effective, more expensive formulations. In these depressed economic times, consumers and small businesses don’t need unnecessary expenses, especially when the VOC emission reductions that are supposed to be achieved are questionable.

 

 

Willert is also concerned that Virginia’s proposed regulation of “toilet/urinal care products” and the resulting ban on the use of PDCB might be based on misapprehension over the toxicity of PDCB. We would like to note that the US Environmental Protection Agency recently (December 2008) issued a Reregistration Eligibility Decision on Paradichlorobenzene in which they reported the results of a thorough review of the latest data on PDCB. The Health Effects Division (HED) Cancer Assessment Review Committee (CARC) classified paradichlorobenzene as “Not Likely to be Carcinogenic to Humans”, the best possible categorization of a chemical with regard to carcinogenicity.

 

 

The current regulation (with no toilet/urinal care product category) under Section 9 VAC5-45-290 Exemptions includes the following exemption:

 

Based on our foregoing discussions of low reactivity, no carcinogenicity, low cost and high effectiveness of paradichlorobenzene, we respectfully request that the proposed regulation (which includes the new toilet/urinal care product category) under Section 9VAC5-45-410 Exemptions be amended to read:

 

 

Thank you for your attention to our comments. Please contact me at 314-659-1430 or ktryson@willert.com if I can provide additional information.

 

Sincerely,

 

Kathie J. Tryson

Director, Regulatory Affairs

Willert Home Products

4044 Park Avenue

St. Louis, MO 63110