Hydrochloric Acid; Toxic Chemical Release Reporting; Community
Right-To-Know
[Federal Register: November 15, 1995 (Volume 60, Number 220)]
[Proposed Rules]
[Page 57382-57386]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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 nonaerosol
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 nonaerosol
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.
- 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).
- 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.
- 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.
- 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.
- Reproductive and developmental toxicity. There is insufficient
information to determine whether hydrochloric acid may cause
reproductive or developmental effects in humans.
- 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.
- 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.
- 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. fishkills,
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).
- 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).
- 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 nonaerosol
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 nonaerosol
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 nonaerosol
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 nonaerosol
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:
- 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
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