[Federal Register Volume 60, Number 69 (Tuesday, April 11, 1995)]
[Rules and Regulations]
[Pages 18361-18364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8874]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 372
[OPPTS-400085A; FRL-4929-3]
RIN 2070-AC00
Copper Phthalocyanine Compounds; Toxic Chemical Release
Reporting; Community Right-To-Know
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is deleting copper phthalocyanine compounds that are
substituted with only hydrogen and/or bromine and/or chlorine from the
``copper compounds'' category on the list of toxic chemicals subject to
reporting under section 313 of the Emergency Planning and Community
Right-to-Know Act of 1986 (EPCRA). This action is based on EPA's
conclusion that copper phthalocyanine compounds that are substituted
with only hydrogen and/or bromine and/or chlorine meet the deletion
criteria of EPCRA section 313(d)(3). By promulgating this rule, EPA is
relieving facilities of their obligation to report releases of copper
phthalocyanine compounds that are substituted with only hydrogen and/or
bromine and/or chlorine that occurred during the 1994 reporting year,
and releases that will occur in the future.
EFFECTIVE DATE: This rule is effective April 11, 1995.
FOR FURTHER INFORMATION CONTACT: Maria J. Doa, Petitions Coordinator,
202-260-9592, for specific information on this final 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 issued under section 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 (PPA) 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. Section 313(d) authorizes EPA to add 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, from time to time, added and deleted
chemicals from the original statutory list.
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 compound categories. EPA has also published
a statement clarifying its interpretation of the section 313(d)(2)
criteria for adding and deleting chemicals from the section 313 list
(59 FR 61439; November 30, 1994).
II. Description of Petition and Proposed Action
On March 5, 1993, the Agency received a petition from the Color
Pigments Manufacturers Association (CPMA) to delete Color Index (C.I.)
Pigment Blue 15:1 from the chemical category ``copper compounds''
subject to EPCRA reporting requirements. C.I. Pigment Blue 15:1 is a
mixture of C.I. Pigment Blue 15 (copper phthalocyanine) and copper
monochlorophthalocyanine. Because C.I. Pigment Blue 15 had already been
deleted from the chemical category ``copper compounds'' (56 FR 23650;
May 23, 1991), the Agency treated this petition as a request to remove
copper monochlorophthalocyanine from the chemical category ``copper
compounds.''
Following a review of the petition, EPA issued a proposed rule in
the Federal Register of June 6, 1994 (59 FR 29252), proposing to delete
copper [[Page 18362]] monochlorophthalocyanine from the category
``copper compounds'' on the list of toxic chemicals under EPCRA section
313. EPA's proposal was based on its conclusion that copper
monochlorophthalocyanine meets the EPCRA section 313(d)(3) criteria for
deletion from the list. With respect to deletions, EPCRA provides at
section 313(d)(3) that ``[a] chemical may be deleted if the
Administrator determines there is not sufficient evidence to establish
any of the criteria described in paragraph [(d)(2)(A)-(C)].''
Specifically, in the proposed rule EPA concluded preliminarily that
there is not sufficient evidence to establish that copper
monochlorophthalocyanine causes adverse acute human health effects,
chronic human health effects, or environmental toxicity. This
preliminary conclusion, which is detailed in the proposed rule, was
based on the Agency's review of the petition, as well as other relevant
materials included in the docket.
In the proposed rule, EPA requested comment on the alternative of
exempting all copper phthalocyanine compounds that are substituted with
only hydrogen and/or bromine and/or chlorine from the reporting
requirements under the ``copper compounds'' category on the EPCRA
section 313 list. As stated in the preamble of the proposed rule, EPA
has previously reviewed brominated/chlorinated copper phthalocyanine
compounds as well as the parent compound, copper phthalocyanine, and
believes that its conclusions regarding the toxicity of the intact
compound and the availability of soluble copper from these substituted
compounds apply to all copper phthalocyanine compounds that are
substituted with only hydrogen and/or bromine and/or chlorine.
III. Final Rule and Rationale for Delisting
In response to the petition from CPMA, EPA has decided to delete
copper monochlorophthalocyanine from the list of chemicals for which
reporting is required under section 313 of EPCRA and section 6607 of
PPA. Further, the Agency has decided to expand this delisting action to
include all copper phthalocyanine compounds that are substituted with
only hydrogen and/or bromine and/or chlorine. EPA is delisting these
chemicals because the Agency has determined that they satisfy the
delisting criteria of EPCRA section 313(d)(3).
A. Response to Comments
EPA received two comments on the proposed rule, both in support of
the deletion of copper monochlorophthalocyanine. In addition, one of
the commenters, CPMA strongly supports EPA's alternative proposal
exempting all copper phthalocyanine compounds that are substituted with
only hydrogen and/or bromine and/or chlorine from the reporting
requirements under the ``copper compounds'' category on the EPCRA
section 313 list. The commenter requests that EPA delete all of the
possible compounds using the definition of substituted phthalocyanines
provided in the proposed rule because these chemicals are abiotically
and biotically stable chemicals that will not liberate soluble forms of
copper and are not toxic in the intact form.
EPA agrees with the commenters. EPA believes that copper
phthalocyanine compounds that are substituted with only hydrogen and/or
bromine and/or chlorine cannot reasonably be anticipated to cause
adverse acute human health effects, chronic human health effects, or
environmental toxicity. Thus, EPA is exempting these chemicals from the
reporting requirements under the ``copper compounds'' category on the
EPCRA section 313 list. Specifically, EPA is deleting all the chemicals
that meet the following molecular structure definition:
[GRAPHIC][TIFF OMITTED]TR11AP95.002
where R= H and/or Br and/or Cl only.
A guidance document, entitled ``Copper Phthalocyanine Compounds
Excluded from the Reporting Requirements under the `Copper Compounds'
Category on the EPCRA Section 313 List,'' that lists all known
chemicals that meet this definition and that have Chemical Abstract
Service (CAS) numbers, is available from the Emergency Planning and
Community Right-to-Know Hotline. See the unit of this preamble entitled
FOR FURTHER INFORMATION CONTACT for the address and telephone number.
This guidance document is not intended to be all inclusive and there
may be compounds not included in the guidance document which meet the
above formula. Such compounds are also delisted by today's action.
B. Rationale for Delisting and Conclusions
After reviewing comments received and other relevant information,
EPA has concluded that the assessment set out in [[Page 18363]] the
proposed rule should be affirmed. A more detailed discussion of the
rationale for delisting is given in the proposed rule (June 6, 1994; 59
FR 29252). Therefore, this final rule is based on EPA's conclusion that
copper phthalocyanine compounds that are substituted with only hydrogen
and/or bromine and/or chlorine cannot reasonably be anticipated to
cause adverse acute human health effects, chronic human health effects,
or environmental toxicity, because (1) The intact species do not meet
the EPCRA section 313(d) criteria and (2) the copper ion from these
copper phthalocyanine compounds will not become available. Thus, these
chemicals meet the EPCRA section 313(d)(3) criterion for delisting
(i.e., they do not meet any of the EPCRA section 313(d)(2) listing
criteria). In reaching this conclusion, EPA considered the toxicity of
intact copper phthalocyanine compounds and the copper ion as a
potential source of toxicity from copper phthalocyanine compounds that
are substituted with only hydrogen and/or bromine and/or chlorine.
Initially, EPA analyzed the availability of copper ion. If the ion is
not available, these compounds cannot cause toxicity due to copper ion.
EPA has concluded that copper ion cannot reasonably be anticipated to
become available from copper phthalocyanine compounds that are
substituted with only hydrogen and/or bromine and/or chlorine.
The intact copper phthalocyanine compounds that are substituted
with only hydrogen and/or bromine and/or chlorine can reasonably be
anticipated to be acutely toxic only at levels that greatly exceed
estimated releases and resultant exposures. Therefore, these copper
phthalocyanine compounds cannot 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 frequently recurring
releases.'' Thus, EPA has concluded that copper phthalocyanine
compounds that are substituted with only hydrogen and/or bromine and/or
chlorine do not meet the toxicity criteria for listing under EPCRA
section 313(d)(2)(A).
EPA has also concluded that copper phthalocyanine compounds that
are substituted with only hydrogen and/or bromine and/or chlorine do
not meet the toxicity criteria of EPCRA section 313(d)(2)(B) because
these copper phthalocyanine compounds cannot reasonably be anticipated
to cause cancer, developmental toxicity, reproductive toxicity,
neurotoxicity, gene mutations, or chronic toxicity. These intact copper
phthalocyanine compounds cannot reasonably be anticipated to cause such
effects, and copper ion will not be available to cause chronic human
toxicity.
Finally, EPA has concluded that copper phthalocyanine compounds
that are substituted with only hydrogen and/or bromine and/or chlorine
do not meet the toxicity criteria of EPCRA section 313(d)(2)(C) because
these copper phthalocyanine compounds cannot reasonably be anticipated
to cause adverse environmental effects. In addition, copper ion will
not become available from these copper phthalocyanine compounds and,
therefore, will not be available to cause adverse environmental
effects.
IV. Effective Date
This action becomes effective April 11, 1995. Thus, the last year
in which facilities had to file a Toxic Release Inventory (TRI) report
for these copper phthalocyanine compounds was 1994, covering releases
and other activities that occurred in 1993.
Section 313(d)(4) provides that ``[a]ny revision'' to the section
313 list of toxic chemicals shall take effect on a delayed basis. EPA
interprets this delayed effective date provision to apply only to
actions that add chemicals to the section 313 list. For deletions, EPA
may, in its discretion, make such actions immediately effective. An
immediate effective date is authorized, in these circumstances, under 5
U.S.C. section 553(d)(1) because a deletion from the section 313 list
relieves a regulatory restriction.
EPA believes that where the Agency has determined, as it has with
these copper phthalocyanine compounds, that a chemical does not satisfy
any of the criteria of section 313(d)(2)(A)-(C), no purpose is served
by requiring facilities to collect data or file TRI reports for that
chemical, or, therefore, by leaving that chemical on the section 313
list for any additional period of time. This construction of section
313(d)(4) is consistent with previous rules deleting chemicals from the
section 313 list. For further discussion of the rationale for immediate
effective dates for EPCRA section 313 delistings, see 59 FR 33205.
V. Rulemaking Record
The record supporting this final rule is contained in docket number
OPPTS-400085A. All documents, including an index of the docket, are
available in the TSCA Nonconfidential Information Center (NCIC), also
known as, TSCA Public Docket Office from noon to 4 p.m., Monday through
Friday, excluding legal holidays. TSCA NCIC is located at EPA
Headquarters, Rm. NE-B607, 401 M St., SW., Washington, DC 20460.
VI. 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. Under section 3(f),
the order defines a ``significant regulatory action'' as an action
likely to lead to a rule (1) Having an annual effect on the economy of
$100 million or more, or adversely and materially affecting a sector of
the economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or communities
(also referred to as ``economically significant''); (2) creating
serious inconsistency or otherwise interfering with an action taken or
planned by another agency; (3) materially altering the budgetary
impacts of entitlements, grants, user fees, or loan programs; or (4)
raising novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in this Executive
Order. Pursuant to the terms of this Executive Order, it has been
determined that this final rule is not ``significant'' and therefore
not subject to OMB review.
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 final
rule. Because the final rule eliminates an existing requirement, it
would result in cost savings to facilities, including small entities.
C. Paperwork Reduction Act
This final 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.
List of Subjects in 40 CFR Part 372
Environmental protection, Chemicals, Community right-to-know,
Reporting and recordkeeping requirements, and Toxic chemicals.
[[Page 18364]] Dated: March 30, 1995.
Lynn Goldman,
Assistant Administrator for Prevention, Pesticides and Toxic
Substances.
Therefore, 40 CFR part 372 is amended as follows:
1. The authority citation for part 372 continues to read as
follows:
Authority: 42 U.S.C. 11023 and 11048.
Sec. 372.65 [Amended]
2. In Sec. 372.65(c) by adding the following language to the copper
compounds listing ``except copper phthalocyanine compounds that are
substituted with only hydrogen and/or bromine and/or chlorine that meet
the following molecular structure definition:
[GRAPHIC][TIFF OMITTED]TR11AP95.003
where R = H and/or Br and/or Cl only.''
[FR Doc. 95-8874 Filed 4-10-95; 8:45 am]
BILLING CODE 6560-50-F
