96-26812. Copper Metal; Toxic Chemical Release Reporting; Community Right- to-Know  

  • [Federal Register Volume 61, Number 203 (Friday, October 18, 1996)]
    [Proposed Rules]
    [Pages 54381-54383]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-26812]
    
    
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    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Part 372
    
    [OPPTS-400105; FRL-5396-9]
    
    
    Copper Metal; Toxic Chemical Release Reporting; Community Right-
    to-Know
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Denial of petition.
    
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    SUMMARY: EPA is denying a petition to remove copper metal (Cu0, 
    CAS No. 7440-50-8) from the list of chemicals subject to the reporting 
    requirements under section 313 of the Emergency Planning and Community 
    Right-to-Know Act of 1986 (EPCRA) and section 6607 of the Pollution 
    Prevention Act of 1990 (PPA). This action is based on EPA's conclusion 
    that copper metal does not meet the deletion criterion of EPCRA section 
    313(d)(3). Specifically, EPA is denying this petition because EPA's 
    review of the petition and available information resulted in the 
    conclusion that copper ion (i.e., Cu+1 and Cu+2) can become 
    available from copper metal and that copper ion is highly toxic to 
    several aquatic species.
    
    FOR FURTHER INFORMATION CONTACT: Daniel R. Bushman, Acting Petitions 
    Coordinator, 202-260-3882 or e-mail: bushman.daniel@epamail.epa.gov, 
    for specific information regarding this document. For further 
    information on EPCRA section 313, contact the Emergency Planning and 
    Community Right-to-Know Information Hotline, Environmental Protection 
    Agency, Mail Stop 5101, 401 M St., SW., Washington, DC 20460, Toll 
    free: 1-800-535-0202, in Virginia and Alaska: 703-412-9877, or Toll 
    free TDD: 1-800-553-7672.
    
    SUPPLEMENTARY INFORMATION:
    
    I. Introduction
    
    A. Statutory Authority
    
        This action is taken under sections 313(d) and (e)(1) of the 
    Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), 42 
    U.S.C. 11023. EPCRA is also referred to as Title III of the Superfund 
    Amendments and Reauthorization Act of 1986 (SARA) (Pub. L. 99-499).
    
    B. Background
    
        Section 313 of EPCRA requires certain facilities manufacturing, 
    processing, or otherwise using listed toxic chemicals to report their 
    environmental releases of such chemicals annually. Beginning with the 
    1991 reporting year, such facilities also must report pollution 
    prevention and recycling data for such chemicals, pursuant to section 
    6607 of the Pollution Prevention Act of 1990 (PPA), 42 U.S.C. 13106. 
    Section 313 established an initial list of toxic chemicals that was 
    comprised of more than 300 chemicals and 20 chemical categories. Copper 
    was included in the initial list of chemicals and chemical categories. 
    Section 313(d) authorizes EPA to add or delete chemicals from the list, 
    and sets forth criteria for these actions. EPA has added and deleted 
    chemicals from the original statutory list. Under section 313(e)(1), 
    any person may petition EPA to add chemicals to or delete chemicals 
    from the list. Pursuant to EPCRA section 313(e)(1), EPA must respond to 
    petitions within 180 days, either by initiating a rulemaking or by 
    publishing an explanation of why the petition is denied.
        EPCRA section 313(d)(2) states that a chemical may be listed if any 
    of the listing criteria are met. Therefore, in order to add a chemical, 
    EPA must demonstrate that at least one criterion is met, but does not 
    need to examine whether all other criteria are also met. Conversely, in 
    order to remove a chemical from the list, EPA must demonstrate that 
    none of the criteria are met.
        EPA issued a statement of petition policy and guidance in the 
    Federal Register of February 4, 1987 (52 FR 3479), to provide guidance 
    regarding the recommended content and format for submitting petitions. 
    On May 23, 1991 (56 FR 23703), EPA issued guidance regarding the 
    recommended content of petitions to delete individual members of the 
    section 313 metal compound categories. EPA has also published a 
    statement clarifying its interpretation of the section 313(d)(2) 
    criteria for adding and deleting chemical substances from the section 
    313 list (59 FR 61439, November 30, 1994) (FRL-4922-2).
    
    II. Description of Petition and Relevant Regulations
    
        On August 17, 1995, EPA received a petition from the National 
    Electrical Manufacturers Association (NEMA) to remove copper metal (CAS 
    No. 7440-50-8) from the list of toxic chemicals subject to the annual 
    release reporting requirements of EPCRA section 313 and PPA section 
    6607. NEMA suggested that the current unqualified copper listing should 
    be replaced with a qualified listing limited to fume and dust forms 
    only. The petitioner contends that copper metal, in forms other than 
    fume or dust, should be deleted from the EPCRA section 313 list of 
    toxic chemicals because the available data show that copper in metallic 
    form does not meet the criteria for inclusion on the list of EPCRA 
    section 313 chemicals. The petitioner also asserts that copper ion is 
    unavailable from copper metal under environmental conditions.
        In addition to being listed under EPCRA section 313, copper metal 
    is regulated by EPA under the Comprehensive Environmental Response, 
    Compensation, and Liability Act (CERCLA). Under CERCLA, copper metal is 
    considered a hazardous substance if its particle size is less than 100 
    micrometers (0.004 inch). Copper ion (i.e., Cu+1 and Cu+2) is 
    regulated under the Safe Drinking Water Act (SDWA). In the Federal 
    Register of June 7, 1991 (56 FR 26460), EPA promulgated a maximum 
    contaminant level goal (MCLG) and a national primary drinking water 
    regulation (NPDWR) for copper ion in drinking water. The MCLG was set 
    at 1.3 milligrams/liter (mg/l) of copper ion, and the NPDWR consists of 
    a treatment technique that includes corrosion control treatment, source 
    water treatment and public education.
    
    III. EPA's Technical Review of Copper Metal
    
        The technical review of the petition to delete copper metal 
    included an analysis of the chemistry, health, ecological and 
    environmental fate data known for this substance.
    
    A. Chemistry
    
        Copper metal (Cu0; CAS No. 7440-50-8) is a naturally-occurring 
    reddish, lustrous, ductile, malleable, water insoluble substance, 
    having a melting point of 1083  deg.C and a boiling point of 2595 
    deg.C (Refs. 1 and 2). Copper metal has many commercial uses. Some of 
    the major uses of copper metal include production of copper tubing, 
    copper wire, copper compounds, brass and bronze, to name just a few. 
    Copper metal gradually loses its lustrous
    
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    appearance when exposed to air. Surfaces of copper metal exposed to 
    moist air gradually form copper (II) carbonate. Copper metal reacts 
    with mineral acids to form copper salts. Copper metal can also react 
    with organic acids (Refs. 1 and 2).
        Although copper metal is insoluble in water, all waters are 
    corrosive to copper metal to some degree (Ref. 3). The corrosivity of 
    water to copper is influenced by a variety of factors. These factors 
    include the duration of contact between the water and copper metal, and 
    water quality parameters such as acidity, alkalinity, dissolved 
    inorganic carbonate and calcium, water temperature, and dissolved 
    oxygen content. Acidity is the most significant of these parameters. 
    Waters with high acidity (i.e., low pH) are associated with the highest 
    levels of copper corrosion (Ref. 3). Corrosion of copper metal by water 
    results in the conversion of the metal (Cu0) to its ionic forms 
    (i.e., Cu+1 and Cu+2). Ionic forms of copper are typically 
    quite soluble in water. Although waters with high acidity are 
    associated with the highest levels of copper corrosion, even drinking 
    water, which is not highly acidic, causes corrosion of copper metal. 
    For example, the primary source of copper in drinking water is 
    corrosion of copper pipes used to supply the water (Ref. 3). Copper 
    levels above 1.3 mg/l (the MCLG) are rarely found in drinking water, 
    although levels above 1.0 mg/l and as high as 2.37 mg/l have been 
    reported (Ref. 3). Thus, although copper metal is insoluble in water, 
    copper metal can be corroded by water (including drinking water) to 
    yield water-soluble copper ions.
    
    B. Toxicological Evaluation
    
        Several comprehensive reviews on the health and environmental 
    effects of copper are available, and were used during the review of the 
    petition to assess the effects of copper metal on human health and the 
    environment. Because copper metal is known to corrode in water to yield 
    copper ion (Ref. 3), the toxicological evaluation of copper metal also 
    included an assessment of the health and environmental effects of 
    copper ion. These reviews include: a 1995 EPA document entitled 
    ``Copper Profile for DfE Printed Wiring Board Project'' (Ref. 2); a 
    1991 Agency for Toxic Substances and Disease Registry document entitled 
    ``Toxicological Profile for Copper'' (Ref. 4); a 1987 EPA document 
    entitled ``Summary Review of the Health Effects Associated with 
    Copper'' (Ref. 5); and a 1987 EPA document entitled ``Drinking Water 
    Criteria Document for Copper'' (Ref. 6). In addition to these reviews, 
    health and environmental data on copper are also reviewed and discussed 
    in EPA's Integrated Risk Information System (IRIS) (Ref. 7), and in a 
    previous Federal Register Notice (58 FR 34738, June 29, 1993; Ref. 8). 
    The health and environmental portions of these publications (Refs. 2-8) 
    are briefly summarized below. Detailed summaries and discussions can be 
    found in the publications and in the technical reports (Refs. 9-11) 
    prepared by the EPA scientists who reviewed the publications.
        1. Human health. Copper is an essential nutrient for humans and 
    animals, with an adult recommended daily allowance of 2.0 to 3.0 
    milligrams per day (mg/day). In ionic form (i.e., Cu+2), copper is 
    absorbed from the gastrointestinal tract and lungs, and to a lesser 
    degree, through the skin. Following absorption, copper is distributed 
    to all parts of the body, especially the liver. Except in the forms of 
    either fume or dust or other small particulate forms, copper metal 
    (Cu0) is not expected to be absorbed from any route.
        In humans and laboratory animals, gastrointestinal effects such as 
    nausea, vomiting and diarrhea have occurred following acute exposure to 
    Cu+2 (in the form of cupric sulfate) in 1-day oral doses ranging 
    from 0.06 to 6 milligrams per kilogram (mg/kg) of Cu. Doses of 
    approximately 2 grams (g) of Cu+2 can cause more serious effects 
    such as vascular injury and hemolytic anemia, resulting in severe 
    kidney and liver damage. Based on the levels of copper typically found 
    in drinking water (see section A of this unit), EPA does not believe 
    that it is reasonable to anticipate that human exposures to oral doses 
    of Cu+2 of this magnitude will occur beyond facility site 
    boundaries as a result of continuous, or frequently recurring, releases 
    of copper metal. In adult mammals (including humans), it is unclear if 
    chronic oral exposure to copper metal or copper ion results in 
    toxicity. The lack of any clear relationship between chronic exposure 
    to copper and copper toxicity in adult mammals may be due to 
    homeostatic mechanisms that serve to maintain a baseline copper level 
    in the body and protect mammals from the adverse effects of copper 
    excess or deficiency.
        Human and animal carcinogenic data on copper are insufficient to 
    determine the carcinogenic potential of copper in humans.
        2. Environmental effects. Copper ion exhibits high acute and high 
    chronic toxicity to aquatic organisms that results in the death of the 
    organism. Under section 303 of the CWA, EPA has issued Water Quality 
    Criteria for copper ion to protect aquatic life. These criteria 
    describe what level of copper ion ambient water can contain without 
    potentially causing harm to aquatic species. The acute criterion in 
    fresh water is 9.2 parts per billion (ppb) (0.0092 mg/l). The chronic 
    criterion in fresh water is 6.5 ppb (0.0065 mg/l). In salt water, the 
    acute criterion is 2.9 ppb (0.0029 mg/l). There is currently no chronic 
    salt water criterion.
        The aquatic toxicity of copper ion is dependent on water quality 
    factors that include acidity, presence of organic substances, calcium, 
    and carbonate. Toxicity decreases as water hardness (concentration of 
    calcium carbonate), alkalinity or total organic carbon content 
    increases. At a water hardness of 250 mg/l, the 48-hour acute toxicity 
    median lethal concentration (LC50) of copper ion to daphnids is 
    6.5 ppb. At a water hardness of 50 mg/l, the 96-hour acute toxicity 
    values in fish ranged from 16.7 ppb (northern squawfish) to 114 ppb 
    (for fathead minnows). Copper ion is highly acutely toxic to many other 
    aquatic species such as blue mussels (96-hour LC50 = 5.8 ppb) and 
    marine fishes (96-hour LC50 = 13.9 ppb). Chronic aquatic toxicity 
    values for copper ion include 6.1 ppb (for invertebrates) and 3.9 ppb 
    (for brook trout). Copper ion is known to bioconcentrate in certain 
    aquatic species. The bioconcentration factors (BCF) of copper in algae 
    (Chlorella sp.); marine polychaete worms (Neanthes arenaceodentata); 
    and the eastern oyster are 2,000, 2,550, and 28,200 respectively.
    
    IV. Technical Summary
    
        EPA's technical review concluded that copper metal can be corroded 
    by waters under several conditions, resulting in the liberation of 
    copper ion. EPA's review also concluded that copper ion is highly toxic 
    to many aquatic species.
    
    V. Rationale for Denial
    
        Copper metal is a listed toxic chemical subject to EPCRA section 
    313 and PPA section 6607 reporting requirements. The petition to delist 
    copper metal is based on the petitioner's contention that copper metal 
    is not toxic and does not meet any of the statutory criteria under 
    section 313(d)(2). Because EPA has determined that all forms of copper 
    metal meet the criteria of EPCRA section 313(d)(2)(C), EPA concludes 
    that copper metal should not be deleted from the section 313 list of 
    toxic chemicals, and the petition should be denied.
    
    [[Page 54383]]
    
        EPA's review of information pertaining to copper metal resulted in 
    the conclusion that, (1) copper metal can be readily converted to 
    copper ion in waters under environmental conditions; and (2) copper ion 
    is highly toxic to aquatic organisms resulting in the death of these 
    organisms. Thus, copper metal can reasonably be anticipated to cause 
    toxicity in aquatic organisms because of its ability to liberate copper 
    ion. Because copper can be reasonably anticipated to be highly ecotoxic 
    and induces well-established serious adverse effects, EPA does not 
    believe that an exposure assessment is necessary to make the 
    determination required by EPCRA section 313(d)(2)(C). For a discussion 
    of the use of exposure in EPCRA section 313 listing/delisting 
    decisions, see, e.g., 59 FR 61440, November 30, 1994.
        EPA's denial of this petition is consistent with the Agency's 
    published policy and guidance on metal compound categories under 
    section 313 of EPCRA (56 FR 23703, May 23, 1991). This policy and 
    guidance articulated EPA's determination that the toxicity of a metal-
    containing compound that dissociates or reacts to generate the metal 
    ion can be expressed as a function of the toxicity induced by the 
    intact species and the availability of the metal ion. Thus, EPA stated 
    that for petitions to exempt individual metal-containing compounds from 
    the EPCRA section 313 list of toxic chemicals, EPA bases its decisions 
    on the evaluation of all chemical and biological processes that may 
    lead to metal ion availability, as well as on the toxicity exhibited by 
    the intact species. EPA stated that the Agency will deny petitions for 
    chemicals that dissociate or react to generate the metal ion at levels 
    which can reasonably be anticipated to cause adverse effects to human 
    health or the environment and for which the metal ion availability 
    cannot be properly characterized.
        In summary, EPA has determined that copper metal can reasonably be 
    anticipated to cause a significant adverse effect on the environment of 
    a sufficient seriousness to warrant continued reporting of copper under 
    EPCRA section 313 because copper ion is available from copper metal and 
    copper ion is highly toxic to aquatic organisms. Therefore, copper 
    metal in all forms satisfies the criterion in EPCRA section 
    313(d)(2)(C). Accordingly, EPA is denying the petition.
    
    VI. References
    
        (1) The Merck Index, An Encyclopedia of Chemicals, Drugs and 
    Biologicals. Eleventh Edition (1989). Merck Co., Inc.: Rahway, N.J.; 
    page 2516.
        (2) USEPA, OPPTS. 1995. Copper and Compounds. Chemical Summary for 
    Copper and Selected Copper Compounds. In: Copper Profile for DfE 
    Printed Wiring Board Project (Draft).
        (3) USEPA. 1991. Maximum Contaminant Level Goals and National 
    Primary Drinking Water Regulations for Lead and Copper; Final Rule. 
    Federal Register, Vol. 56, No. 110, June 7, 1991; pages 26460-26564.
        (4) Toxicological Profile for Copper. Agency for Toxic Substances 
    and Disease Registry (ATSDR) Report No. ATSDR/TP-9008.
        (5) USEPA, OHEA. 1987. Summary Review of the Health Effects 
    Associated with Copper. Health Issue Assessment. Office of Health and 
    Environmental Assessment, Washington, DC; Report No. EPA/600/8-87/001.
        (6) USEPA, ECAO. 1987. Drinking Water Criteria Document for Copper. 
    Environmental Criteria and Assessment Office, Cincinnati, OH; Report 
    No. EPA ECAO-CIN-417.
        (7) U.S. Environmental Protection Agency's Integrated Risk 
    Information System (IRIS) file pertaining to Copper (CAS No. 7440-50-
    8).
        (8) USEPA. 1993. Chromium, Nickel, and Copper in Stainless Steel, 
    Brass, and Bronze: Toxic Chemical Release Reporting; Community Right-
    to-Know. Federal Register, Vol. 58, No. 123, June 29, 1993; pages 
    34738-34741.
        (9) USEPA, OPPTS. 1995. Memorandum from Dr. Nicole Paquette, 
    Toxicologist, Health and Environmental Review Division. Re: Petition to 
    Delist Copper Metal from the Toxics Release Inventory. (September 20, 
    1995).
        (10) USEPA, OPPTS. 1995. Hazard Assessment of Copper, Memorandum 
    from Lorraine Randecker, Hazard Integrator, Chemical Screening and Risk 
    Assessment Division, re: Petition to Delist Copper Metal from the 
    Toxics Release Inventory. (April, 4, 1996).
        (11) USEPA, OPPTS. 1995. Memorandum from Dr. Jerry Smrchek, 
    Biologist, Health and Environmental Review Division, re: Petition to 
    Delist Copper Metal from the Toxics Release Inventory. (October 11, 
    1995).
    
    VII. Administrative Record
    
        The record supporting this decision is contained in docket control 
    number OPPTS-400105. All documents, including the references listed in 
    Unit VI. above and an index of the docket, are available to the public 
    in the TSCA Non-Confidential Information Center (NCIC), also known as 
    the Public Docket Office, from noon to 4 p.m., Monday through Friday, 
    excluding legal holidays. The TSCA NCIC is located at EPA Headquarters, 
    Rm. NE-B607, 401 M St., SW., Washington, DC 20460.
    
    List of Subjects in 40 CFR Part 372
    
        Environmental protection, Community right-to-know, Reporting and 
    recordkeeping requirements, and Toxic chemicals.
    
        Dated: October 8, 1996.
    Lynn R. Goldman,
    Assistant Administrator for Prevention, Pesticides and Toxic 
    Substances.
    
    [FR Doc. 96-26812 Filed 10-17-96; 8:45 am]
    BILLING CODE 6560-50-F
    
    
    

Document Information

Published:
10/18/1996
Department:
Environmental Protection Agency
Entry Type:
Proposed Rule
Action:
Denial of petition.
Document Number:
96-26812
Pages:
54381-54383 (3 pages)
Docket Numbers:
OPPTS-400105, FRL-5396-9
PDF File:
96-26812.pdf
CFR: (1)
40 CFR 372