95-28183. Hydrochloric Acid; Toxic Chemical Release Reporting; Community Right-To-Know  

  • [Federal Register Volume 60, Number 220 (Wednesday, November 15, 1995)]
    [Proposed Rules]
    [Pages 57382-57386]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-28183]
    
    
    
    -----------------------------------------------------------------------
    
    
    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Part 372
    
    [OPPTS-400062; FRL-4045-4]
    
    
    Hydrochloric Acid; Toxic Chemical Release Reporting; Community 
    Right-To-Know
    
    AGENCY: Environmental Protection Agency (EPA).
    
    ACTION: Proposed rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: EPA is granting a petition by proposing to modify the listing 
    for hydrochloric acid on the list of toxic chemicals subject to section 
    313 of the Emergency Planning and Community Right-to-Know Act of 1986 
    (EPCRA). Specifically, EPA proposes to delete non-aerosol forms of 
    hydrochloric acid from the list of toxic chemicals subject to section 
    313. The proposal to delete non-aerosol forms of hydrochloric acid is 
    based on the Agency's conclusion that releases of non-aerosol forms of 
    hydrochloric acid do not cause adverse effects to human health or the 
    environment under ordinary exposure scenarios, and therefore, do not 
    meet the section 313(d)(2) criteria. This proposed rule does not 
    contain an analysis of aerosol forms of hydrochloric acid because they 
    are not the subject of the petition.
    
    DATES: Written comments must be received by January 16, 1996.
    
    ADDRESSES: Written comments should be submitted in triplicate to: OPPT 
    Docket Clerk, TSCA Nonconfidential Information Center (NCIC), also 
    known as, TSCA Public Docket Office (7407), Environmental Protection 
    Agency, 401 M St., SW., Washington, DC 20460, Attention: Docket Control 
    Number OPPTS-400062.
        Comments and data may also be submitted electronically by sending 
    electronic mail (e-mail) to: ncic@epamail.epa.gov. Electronic comments 
    must be submitted as an ASCII file avoiding the use of special 
    characters and any form of encryption. Comments and data will also be 
    accepted on disks in WordPerfect in 5.1 file format or ASCII file 
    format. All comments and data in electronic form must be identified by 
    the docket number OPPTS-400062. No confidential business information 
    (CBI) should be submitted through e-mail. Electronic comments on this 
    proposed rule may be filed online at many Federal Depository Libraries. 
    Additional information on electronic submissions can be found in Unit 
    VII. of this document.
    
    FOR FURTHER INFORMATION CONTACT: Maria J. Doa, Petitions Coordinator, 
    202-260-9592, e-mail: doa.maria@epamail.epa.gov, for specific 
    information on this proposed rule, or for more information on EPCRA 
    section 313, the Emergency Planning and Community Right-to-Know 
    Hotline, Environmental Protection Agency, Mail Code 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 must also report pollution 
    prevention and recycling data for such chemicals, pursuant to section 
    6607 of the Pollution Prevention Act (42 U.S.C. 13106). When enacted, 
    section 313 established an initial list of toxic chemicals that was 
    comprised of more than 300 chemicals and 20 chemical categories. 
    Hydrochloric acid was included in the initial list of chemicals and 
    chemical categories. Section 313(d) authorizes EPA to add chemicals to 
    or delete chemicals from the list, and sets forth criteria for these 
    actions. Under section 313(e)(1), any person may petition EPA to add 
    chemicals to or delete chemicals from the list. EPA has added and 
    deleted chemicals from the original statutory 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 has been denied.
        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 petitions. On May 23, 
    1991 (56 FR 23703), EPA issued a statement of policy and guidance 
    regarding the recommended content of petitions to delete individual 
    members of the section 313 metal compound categories. EPA has published 
    a statement clarifying its interpretation of the section 313(d)(2) and 
    (3) criteria for adding and deleting chemicals from the section 313 
    toxic chemical list (November 30, 1994; 59 FR 61439).
    
    II. Description of Petition and Related Activities
    
        On September 11, 1991, EPA received a petition from BASF 
    Corporation, E.I. du Pont de Nemours, Monsanto Company, and Vulcan 
    Materials 
    
    [[Page 57383]]
    Company to qualify the listing for hydrochloric acid by requiring 
    release reporting only for hydrochloric acid aerosols and deleting 
    other forms of hydrochloric acid from the list of chemicals under EPCRA 
    section 313. The petitioners maintain that non-aerosol forms of 
    hydrochloric acid do not meet the statutory criteria for acute, 
    chronic, or environmental effects. For the purposes of this proposal, 
    EPA considers the term aerosol to cover any generation of airborne 
    hydrochloric acid (including mists, vapors, gas, or fog) without regard 
    to particle size.
        On February 1, 1993 (58 FR 6609), EPA published a notice announcing 
    that a public hearing would be held to address petitions to modify the 
    listings for both hydrochloric and sulfuric acids (on December 24, 
    1990, a petition was received from the Environmental Policy Center on 
    behalf of American Cyanamid to modify the listing of sulfuric acid to 
    include only aerosols). In the February 1, 1993 notice, EPA requested 
    comment on a number of the issues raised by commenters in response to 
    the proposed rule to modify the listing for sulfuric acid (July 26, 
    1991, 56 FR 34156). The Agency believed that these issues would also 
    apply to hydrochloric acid. Specifically, these issues were: (1) The 
    extent to which EPA should rely on existing regulatory controls under 
    other statutes to support a determination that continuous or frequently 
    recurring releases of these acids are unlikely to cause adverse acute 
    human health effects or significant adverse environmental effects; (2) 
    the sufficiency of the evidence required to determine if the non-
    aerosol forms of these acids meet the EPCRA section 313(d)(2)(A) and 
    (C) criteria; (3) whether EPA should consider accidental release data 
    in making a finding for environmental effects under EPCRA section 
    313(d)(2)(C); (4) the relevance of release reporting under other 
    statutory provisions to the issue of whether non-aerosol forms of these 
    acids meet the listing criteria; and (5) other reporting options.
        The public meeting was held on March 3, 1993. At this meeting, EPA 
    discussed the specific issues described in the February 1, 1993 notice 
    and presented data on accidental and routine releases of sulfuric and 
    hydrochloric acids. Comments were then presented by the public. 
    Responses to the major issues raised by the comments presented and/or 
    submitted at the public meeting specific to the listing for 
    hydrochloric acid will be addressed at the time final regulation is 
    promulgated. Many of the issues discussed above have been addressed by 
    the Agency in the final rulemaking delisting non-aerosol forms of 
    sulfuric acid (June 30, 1995; 60 FR 34182).
    
    III. EPA's Technical Review of Hydrochloric Acid
    
        EPA's technical review of non-aerosol forms of hydrochloric acid is 
    detailed in the support document for today's proposal (Technical 
    Support Document for the Petition to Delist Non-aerosol Forms of 
    Hydrochloric Acid from EPCRA Section 313, Ref. 1). A summary of the 
    chemistry, health, and environmental effects associated with non-
    aerosol forms of hydrochloric acid follows.
    
    A. Chemistry
    
        Hydrogen chloride is a colorless, corrosive, nonflammable gas, 
    having a characteristic pungent odor. Aqueous hydrochloric acid (also 
    commonly known as muriatic acid) refers to solutions of hydrogen 
    chloride gas in water.
        Like all strong acids, hydrogen chloride is virtually completely 
    dissociated in aqueous solutions. It is the hydrogen ion species that 
    is responsible for the acidic characteristics of aqueous hydrochloric 
    acid. Such solutions can be very mild to severe irritants, depending 
    upon concentration.
    
    B. Toxicological Evaluation
    
        Toxicological data on non-aerosol forms of hydrochloric acid were 
    reviewed for evidence indicating acute toxicity, chronic toxicity, 
    carcinogenicity, mutagenicity, reproductive toxicity, developmental 
    toxicity, and environmental effects.
        1. Acute toxicity. Hydrochloric acid is a strongly acidic, 
    corrosive substance that is acutely toxic to all human tissue. The 
    extent of tissue damage is dependent upon concentration (pH) and 
    duration of exposure, and can range from a mild, transient irritation, 
    to corrosion, chemical burn, and, in extreme and isolated cases, death. 
    Non-aerosol forms of hydrochloric acid pose a significant health hazard 
    only under aberrant conditions of exposure (e.g., deliberate 
    ingestion).
        2. Chronic toxicity. EPA has not identified any evidence that 
    indicates that chronic exposures to low doses of non-aerosol forms of 
    hydrochloric acid at low concentrations in food or water produces 
    adverse health effects. Chronic exposure to more concentrated forms 
    (lower pH), may affect metabolism, growth, nutritional status, and 
    produce lethality. These effects are dependent upon pH.
        3. Carcinogenicity. Data available to the Agency are insufficient 
    to classify the carcinogenic potential of hydrochloric acid. The 
    currently available animal bioassays are not sufficient for this 
    purpose, and the available epidemiological evidence is limited. The 
    total weight of evidence is not strong enough to draw a causal 
    conclusion.
        4. Mutagenicity. The overall weight of evidence suggests that 
    hydrochloric acid is not mutagenic in vitro. No in vivo mutagenicity 
    studies on hydrochloric acid have been reported.
        5. Reproductive and developmental toxicity. There is insufficient 
    information to determine whether hydrochloric acid may cause 
    reproductive or developmental effects in humans.
        6. Environmental effects. The pH range of 6.5 to 9.0 corresponds to 
    the EPA Water Quality Criteria for freshwater organisms. Available data 
    indicate that non-aerosol forms of hydrochloric acid can produce acute 
    effects to freshwater aquatic organisms below pH 5. Chronic exposure of 
    fish to hydrochloric acid resulted in abnormal behavior and deformed 
    fish at pH 4.5 and 5.2, but not at pH 5.9; at pH values less than 5.9, 
    reduction was noted in egg production and egg hatchability.
        Hydrochloric acid is not a persistent chemical. In addition, 
    hydrochloric acid, a very hydrophilic and water soluble substance, is 
    not expected to undergo bioconcentration or bioaccumulation.
    
    C. Release and Exposure
    
        In making listing determinations under EPCRA section 313, there are 
    limited circumstances under which it is appropriate for EPA to consider 
    exposure factors (see 59 FR 61440). The Agency believes that exposure 
    considerations are appropriate in making determinations (1) under 
    section 313(d)(2)(A), (2) under section 313(d)(2)(B) for chemicals that 
    exhibit low to moderately low toxicity based on a hazard assessment 
    (i.e., those chemicals for which the value of listing under EPCRA 
    section 313 on hazard alone is marginal), and (3) under section 
    313(d)(2)(C) for chemicals that are low or moderately ecotoxic or do 
    not induce well-documented serious adverse effects. The Agency believes 
    that exposure considerations are not appropriate in making 
    determinations (1) under section 313(d)(2)(B) for chemicals that 
    exhibit moderately high to high human toxicity based on a hazard 
    assessment and (2) under section 313(d)(2)(C) for chemicals that are 
    highly ecotoxic or induce well-established adverse environmental 
    effects. Based on its most recent 
    
    [[Page 57384]]
    assessment, EPA has preliminarily determined that non-aerosol forms of 
    hydrochloric acid exhibit low chronic human toxicity and moderate 
    environmental toxicity.
        The principle pathways for the release of non-aerosol forms of 
    hydrochloric acid to the environment include wastewater discharges, 
    underground injection of dilute solutions, and releases to land.
        1. Releases to water. Under the Clean Water Act (33 U.S.C. 1251-
    1387), parameters such as pH may be subject to both technology-based 
    and water quality-based limitations. The technology-based limitations 
    are either derived from nationally applicable effluent guidelines or 
    pre-treatment standards (many of which limit pH to a range of 6.0 to 
    9.0) or are based on (1) The permit writer's ``Best Professional 
    Judgement'' if there is no applicable guideline for a direct discharge 
    or (2) local pretreatment requirements. Water quality-based limitations 
    generally are established to ensure that applicable water quality 
    standards are attained and maintained. Dischargers are typically 
    subject to monitoring provisions under which permittees are to report 
    discharges of controlled parameters.
        2. Accidental releases to water. Under the Comprehensive 
    Environmental Response, Compensation, and Liability Act (CERCLA; 42 
    U.S.C. 9601-9675), a release into the environment of hydrochloric acid 
    equaling or exceeding 5,000 pounds within a 24-hour period must be 
    reported to the National Response Center (see 40 CFR part 302). These 
    release reports are entered into the Emergency Response Notification 
    System (ERNS) computer data base maintained by EPA. The Agency believes 
    that although limited to non-coastal regions, the data in ERNS are 
    representative of spills of hydrochloric acid in the United States from 
    nontransportation sources. EPA analyzed all releases of hydrochloric 
    acid reported to ERNS during calendar year 1991 (this analysis is 
    described in Ref. 1). Of the releases reported to ERNS, only three may 
    have potentially resulted in adverse environmental effects, i.e. fish-
    kills, due to a transient lowering of the pH of the receiving stream. 
    No data were available to confirm such an impact. As these releases of 
    hydrochloric acid resulted in only transient lowering of the pH in the 
    receiving stream, they cannot reasonably be anticipated to have caused 
    chronic ecotoxicity.
        In addition to ERNS, EPA analyzed accidental release data from the 
    Accidental Release Information Program (ARIP) and the Acute Hazardous 
    Events Data Base (AHE/DB). Consistent with the ERNS data, the available 
    information present in ARIP and AHE/DB indicate that accidental 
    releases of non-aerosol forms of hydrochloric acid are isolated and 
    infrequent occurrences. Thus, releases of non-aerosol forms of 
    hydrochloric acid are not expected to cause significant adverse 
    ecological effects (a complete discussion of this analysis is provided 
    in Ref. 1).
        3. Underground injection. In the case of underground injection, 
    regulations promulgated under the Underground Injection Control (UIC) 
    Program of the Safe Drinking Water Act (SDWA), 42 U.S.C. 300f-300j-26, 
    specify that deep industrial waste disposal must occur in either Class 
    I or Class V wells. The standards, requirements, and the permitting 
    process for the design, operation, monitoring, and closure of Class I 
    wells were designed to prevent contamination of underground sources of 
    drinking water (USDW).
        In addition to controls under the SDWA, regulations issued under 
    the Resource Conservation and Recovery Act (RCRA 42 U.S.C. 6901-6992k) 
    at 40 CFR part 148 allow underground injection into a Class I well of 
    aqueous wastes with a pH of 2 or less only if the waste is the subject 
    of a successful ``no migration'' petition. This petition must 
    demonstrate that there will be no migration of hazardous constituents 
    for as long as the waste remains hazardous. The petition must also show 
    that the injected fluid will not migrate within 10,000 years. There is 
    currently no evidence which indicates that underground injection of 
    hydrochloric acid into Class I wells would result in such migration.
        Injection of hazardous waste into shallow injection wells is 
    prohibited under RCRA section 3020 and the UIC program of the SDWA (40 
    CFR 144.13). The disposal of nonhazardous industrial waste, such as 
    treated hydrochloric acid, into shallow injection wells is the subject 
    of the Agency's current Class V rulemaking proceedings (EPA published a 
    proposed rule in the Federal Register of August 28, 1995; 60 FR 44652). 
    In the interim, such wells are still subject to the prohibition in 
    section 1422 of the SDWA against any injection which may endanger a 
    drinking water source, as defined in section 1421(d)(2).
        4. Releases to land. Total on-site land releases of hydrochloric 
    acid reported to the Toxics Release Inventory in 1993 were 359,506 
    pounds, or 0.16 percent of total on-site releases. Of the off-site 
    transfers of hydrochloric acid sent from facilities reporting greater 
    than 100,000 pounds sent off-site (which accounts for 90 percent of all 
    off-site transfers of hydrochloric acid), 2.3 percent was released to 
    land off-site. Regulations promulgated under RCRA at 40 CFR 261.22 
    provide that aqueous wastes that exhibit a pH of less than or equal to 
    2 are hazardous wastes. Land disposal of such wastes may take place 
    only after pH adjustment above 2 or a successful ``no migration'' 
    petition. Hydrochloric acid at a pH above 2 is not considered a 
    hazardous waste under RCRA. Thus, land disposal of hydrochloric acid at 
    a pH above 2 is not regulated under RCRA at 40 CFR 261.22. There is no 
    available national information on releases of hydrochloric acid to land 
    at pHs greater than 2.
    
    C. Summary of Technical Review
    
        Non-aerosol forms of hydrochloric acid are acutely toxic to human 
    tissue, producing effects ranging from irritation to corrosion to risk 
    of early death. The extent of damage, however, is dependent upon 
    concentration and duration of exposure. EPA's analysis of releases of 
    non-aerosol forms of hydrochloric acid indicate that releases will not 
    result in levels of concern.
        The effects produced by chronic exposure to non-aerosol forms of 
    hydrochloric acid are highly dependent on concentration and duration of 
    exposure. Non-aerosol forms of hydrochloric acid cause adverse effects 
    only at relatively high dose levels. EPA's analysis of releases of non-
    aerosol forms of hydrochloric acid indicate that releases will not 
    result in concentrations of concern.
        The data indicate that accidental releases of hydrochloric acid to 
    surface waters are infrequent and isolated occurrences. In only a few 
    circumstances could evidence of adverse environmental effects (e.g., 
    fish kills) be found.
    
    IV. Rationale for Proposed Modification of the Hydrochloric Acid 
    Listing
    
        EPA's decision to propose deletion of non-aerosol forms of 
    hydrochloric acid is based on the Agency's evaluation of the toxicity 
    of non-aerosol forms of hydrochloric acid and the levels of non-aerosol 
    forms of hydrochloric acid exposure to which humans and the environment 
    may be subject.
        EPA believes that non-aerosol forms of hydrochloric acid do not 
    meet the statutory criteria of section 313(d)(2)(A) regarding acute 
    human health effects; specifically, that the ``chemical is known to 
    cause or can reasonably be anticipated to cause significant adverse 
    acute human health effects at concentration levels that are reasonably 
    likely to exist beyond facility site boundaries as a result of 
    continuous, or 
    
    [[Page 57385]]
    frequently recurring, releases.'' Hydrochloric acid's toxic properties 
    are dependent upon concentration (i.e., pH level) and duration of 
    exposure. Only under aberrant conditions of exposure (e.g., spills onto 
    the skin) do concentrated solutions of hydrochloric acid pose a 
    potentially serious acute health hazard. EPA's review of the toxicity 
    and exposure information indicates that although hydrochloric acid is 
    acutely toxic at low pH levels, it is unlikely that persons will be 
    exposed to acutely toxic concentration levels ``beyond facility site 
    boundaries as a result of continuous or frequently recurring 
    releases.''
        EPA also believes that non-aerosol forms of hydrochloric acid do 
    not meet the criteria of section 313(d)(2)(B) regarding chronic human 
    health effects; specifically, that the ``chemical is known to cause or 
    can reasonably be anticipated to cause in humans'' certain chronic 
    health effects (see Unit III.B. of this proposal).
        EPA believes that non-aerosol forms of hydrochloric acid do not 
    meet the section 313(d)(2)(C) criteria regarding adverse environmental 
    effects. Although accidental releases of concentrated hydrochloric acid 
    solutions to surface waters may result in acute ecotoxic effects, such 
    as fish-kills, the available information indicates that accidental 
    releases of hydrochloric acid to surface waters are isolated and 
    infrequent occurrences. As such, the Agency believes that the limited 
    number of accidental releases of non-aerosol forms of hydrochloric acid 
    do not result in significant acute adverse effects on the environment 
    of sufficient seriousness to warrant continued listing under EPCRA 
    section 313. In addition, EPA believes that accidental releases of non-
    aerosol forms of hydrochloric acid cannot reasonably be anticipated to 
    induce chronic ecotoxicity because pH excursions are expected to 
    dissipate rapidly due to the chemical's high solubility in water. 
    Therefore, the Agency believes that non-aerosol forms of hydrochloric 
    acid do not meet the listing criteria of EPCRA section 313(d)(2)(C).
        EPA proposes to modify the listing under EPCRA section 313 for 
    hydrochloric acid by deleting non-aerosol forms of hydrochloric acid. 
    EPA's proposal to delete non-aerosol forms of hydrochloric acid from 
    the section 313 list is not meant to suggest that the Agency considers 
    non-aerosol hydrochloric acid to be a ``safe'' chemical. Rather, this 
    proposed action reflects the fact that non-aerosol forms of the 
    chemical do not meet the criteria set forth in EPCRA section 313(d)(2).
        Currently, most facilities base their threshold determinations for 
    reporting under section 313 on the amounts of hydrochloric acid in 
    solution form manufactured, processed, or otherwise used. If this 
    proposal were adopted, for purposes of threshold determinations of 
    hydrochloric acid aerosols for reporting under section 313, a facility 
    would consider any generation of airborne hydrochloric acid (including 
    mists, vapors, gas, or fog) without regard to particle size as 
    manufacture. The quantity of airborne hydrochloric acid manufactured or 
    processed, not the amount released, would be compared with the 25,000 
    pound threshold. Any otherwise use of aerosol forms of hydrochloric 
    acid must also be applied towards the 10,000 pound threshold. 
    Generation of aerosol forms of hydrochloric acid is expected to occur 
    from, among other processes, the production or processing of solutions 
    of hydrochloric acid. However, generation of aerosol forms of 
    hydrochloric acid from other processes must also be considered.
        Although not a factor in the delisting decision, deleting non-
    aerosol forms of hydrochloric acid from the section 313 list will not 
    result in any significant reduction in the information now available to 
    the public concerning spills of hydrochloric acid. Since reporting of 
    spills under section 313 is only required to be submitted to EPA as 
    part of an overall annual release number, no direct and immediate 
    notice to the public of such an accidental release or spill of 
    hydrochloric acid is available through section 313 reports or through 
    the TRI data base, i.e., only annual release figures are available.
        However, other statutory mechanisms exist by which information on 
    spills of hydrochloric acid are made available to the public. For 
    example, hydrochloric acid is listed as a hazardous substance under 
    CERCLA, 40 CFR 302.4. CERCLA section 103 requires that the person in 
    charge of a facility or vessel immediately report a release of 5,000 
    pounds or more of hydrochloric acid (other than a federally permitted 
    release) to the National Response Center. There is a reduced reporting 
    requirement for releases determined to be ``continuous and stable in 
    quantity and rate'' (40 CFR 302.8). Releases of 5,000 pounds or more 
    also must be reported to State and local authorities under EPCRA 
    section 304. EPCRA section 304 requires the owner or operator of a 
    facility to immediately report to the State Emergency Response 
    Commission (SERC) and the Local Emergency Planning Committee (LEPC) 
    when there is a release of a CERCLA hazardous substance requiring a 
    report under CERCLA section 103(a) or when there is a release of 1 
    pound or more of a non-CERCLA Extremely Hazardous Substance (EHS) 
    listed under EPCRA section 302(a). However, section 304 does not apply 
    ``. . . to any release which results in exposure to persons solely 
    within the site or sites on which a facility is located'' (EPCRA 
    section 304(a)(4)).
        In addition, data on the presence of hydrochloric acid for 
    emergency planning purposes are already being collected at the local 
    level. Under sections 311 and 312 of EPCRA, facilities are required to 
    submit lists and inventories of chemicals on-site to LEPCs to help them 
    plan for emergencies and inform the public about the types and amounts 
    of chemicals being handled in their communities.
    
    V. Precedents for Modified Listings
    
    A. Background
    
        There are precedents for qualified chemical listings under EPCRA 
    section 313. The original list established by Congress contained a 
    number of qualified listings including: aluminum (fume or dust), 
    ammonium nitrate (solution), asbestos (friable), yellow or white 
    phosphorus, vanadium (fume or dust), and zinc (fume or dust). Also, EPA 
    recently qualified the aluminum oxide listing by exempting non-fibrous 
    forms of aluminum oxide from the reporting requirements so that only 
    fibrous aluminum oxide is subject to reporting (40 CFR part 372). EPA 
    found that there was no evidence that non-fibrous forms of aluminum 
    oxide cause adverse human health or environmental effects as specified 
    under section 313. The decision to retain fibrous forms of aluminum 
    oxide was based on evidence that exposure to fibrous forms of this 
    chemical can reasonably be anticipated to cause cancer in humans. In 
    addition, EPA recently added a category, water dissociable nitrate 
    compounds, to the EPCRA section 313 list (59 FR 61460) with a qualifier 
    that limits reporting to aqueous solutions. The Agency had originally 
    proposed (59 FR 1825) to list nitrate ion; however, many commenters 
    argued that what the Agency actually proposed was a category of nitrate 
    compounds that dissociate in water. EPA agreed with the commenters and 
    used the qualified category in the final listing. This category 
    indicates that only water dissociable nitrate compounds that are 
    manufactured, processed, or otherwise used as an aqueous solution at a 
    facility are subject to reporting.
    
    [[Page 57386]]
    
    
    B. Effect of Modifying Toxic Release Inventory (TRI) Reporting of 
    Hydrochloric Acid
    
        If the hydrochloric acid listing is qualified to require reporting 
    for only hydrochloric acid aerosols, then facilities would determine 
    their reporting threshold based on how many pounds of hydrochloric acid 
    aerosols they manufactured, processed, or otherwise used during the 
    calendar year.
        In 1992, 3,281 facilities reported a total of 77.1 million pounds 
    of hydrochloric acid released to air. EPA estimates that the total 
    number of reports (Form Rs and certification statements) submitted 
    after the modification will be between 333 and 1,514 and that the total 
    amount of releases to air will be between 73.6 and 76.8 million pounds 
    (Ref. 1). Therefore, modifying the list to cover only hydrochloric acid 
    aerosols is not expected to result in any appreciable loss of 
    information on releases of hydrochloric acid to air since, at a 
    minimum, it is estimated that 95.5 percent of the total air emissions 
    reported for 1992 would still be captured.
    
    VI. Request for Public Comment
    
        EPA requests general comments on this proposal to delete non-
    aerosol forms of hydrochloric acid from the list of toxic chemicals 
    under EPCRA section 313. Comments should be submitted to the address 
    listed under the ADDRESSES unit at the front of this document. All 
    comments must be received by January 16, 1996.
    
    VII. Rulemaking Record
    
        A record, that includes the reference in Unit VIII. below, has been 
    established for this rulemaking under docket number OPPTS-400062 
    (including comments and data submitted electronically as described 
    below). A public version of this record, including printed, paper 
    versions of electronic comments, which does not include any information 
    claimed as CBI, is available for inspection from 12 noon to 4 p.m., 
    Monday through Friday, excluding legal holidays. The public record is 
    located in the TSCA Nonconfidential Information Center, Rm. NE-B607, 
    401 M St., SW., Washington, DC 20460.
        Electronic comments can be sent directly to EPA at:
    
        ncic@epamail.epa.gov
    
        Electronic comments must be submitted as an ASCII file avoiding the 
    use of any special characters and any form of encryption.
        The official record for this rulemaking, as well as the public 
    version, as described above will be kept in paper form. Accordingly, 
    EPA will transfer all comments received electronically into printed, 
    paper form as they are received and will place the paper copies in the 
    official rulemaking record which will also include all comments 
    submitted directly in writing. The official rulemaking record is the 
    paper record maintained at the address in ADDRESSES at the beginning of 
    this document.
    
    VIII. References
    
        USEPA. 1995. Technical Support Document for the Petition to Delist 
    Non-aerosol Forms of Hydrochloric Acid from EPCRA Section 313.
    
    IX. Regulatory Assessment Requirements
    
    A. Executive Order 12866
    
        Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
    Agency must determine whether the regulatory action is ``significant'' 
    and therefore subject to review by the Office of Management and Budget 
    (OMB) and the requirements of the Executive Order. Pursuant to the 
    terms of this Executive Order, it has been determined that this 
    proposed rule is not ``significant'' and therefore not subject to OMB 
    review.
        The cost savings to industry from the modification of the 
    hydrochloric acid listing is estimated to be between $4.9 and $7.6 
    million per year. The cost savings to EPA is estimated at $135,000 to 
    $201,000 per year. The lower bound estimate of the total annual savings 
    for industry and EPA from the partial delisting of hydrochloric acid is 
    $5,035,000. The upper bound estimate is $7,801,000 in savings annually.
    
    B. Regulatory Flexibility Act
    
        Under the Regulatory Flexibility Act of 1980, the Agency must 
    conduct a small business analysis to determine whether a substantial 
    number of small entities would be significantly affected by the 
    proposed rule. Because this proposed rule eliminates an existing 
    requirement, it would result in cost savings to facilities, including 
    small entities.
    
    C. Paperwork Reduction Act
    
        This proposed rule does not have any information collection 
    requirements subject to the provisions of the Paperwork Reduction Act 
    of 1980, 44 U.S.C. 3501 et seq.
    
    D. Unfunded Mandates Reform Act
    
        Pursuant to Title II of the Unfunded Mandates Reform Act of 1995, 
    which the President signed into law on March 22, 1995, EPA has assessed 
    the effects of this regulatory action on State, local or tribal 
    governments, and the private sector. This action does not result in the 
    expenditure of $100 million or more by any State, local or tribal 
    governments, or by anyone in the private sector. The costs associated 
    with this action are described in the Executive Order 12866 unit above.
    
    List of Subjects in 40 CFR Part 372
    
        Environmental protection, Chemicals, Community right-to-know, 
    Reporting and recordkeeping requirements, Toxic chemicals.
    
        Dated: November 3, 1995.
    Lynn R. Goldman,
    Assistant Administrator, Office of Prevention, Pesticides and Toxic 
    Substances.
    
        Therefore, it is proposed that 40 CFR part 372 be amended as 
    follows:
    
        1. The authority citation for part 372 would continue to read as 
    follows:
    
        Authority: 42 U.S.C. 11023 and 11048.
    
    Sec. 372.65  [Amended]
    
        2. Sections 372.65(a) and (b) are amended by changing the entry for 
    hydrochloric acid to read ``Hydrochloric acid (acid aerosols including 
    mists, vapors, gas, fog, and other airborne forms of any particle 
    size)'' under paragraph (a) and under paragraph (b) for CAS number 
    entry 7647-01-0.
    
    [FR Doc. 95-28183 Filed 11-14-95; 8:45 am]
    BILLING CODE 6560-50-F
    
    

Document Information

Published:
11/15/1995
Department:
Environmental Protection Agency
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
95-28183
Dates:
Written comments must be received by January 16, 1996.
Pages:
57382-57386 (5 pages)
Docket Numbers:
OPPTS-400062, FRL-4045-4
PDF File:
95-28183.pdf
CFR: (1)
40 CFR 372.65