Hydrochloric Acid; Toxic Chemical Release Reporting; Community
Right-to-Know
[Federal Register: July 25, 1996 (Volume 61, Number 144)]
[Rules and Regulations]
[Page 38600-38605]
>From the Federal Register Online via GPO Access [wais.access.gpo.gov]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 372
[OPPTS-400062A; FRL-5372-3]
Hydrochloric Acid; Toxic Chemical Release Reporting; Community
Right-to-Know
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is modifying the listing for hydrochloric acid on the list
of toxic 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).
Specifically, EPA is deleting non-aerosol forms of hydrochloric acid
because the Agency has concluded that the non-aerosol forms of
hydrochloric acid meet the section 313(d)(3) deletion criterion. By
promulgating this rule, EPA is relieving facilities of their obligation
to report releases of and other waste management information on nonaerosol
forms of hydrochloric acid that occurred during the 1995
reporting year, and for activities in the future.
DATES: This rule is effective July 25, 1996.
FOR FURTHER INFORMATION CONTACT: Daniel R. Bushman, Acting Petitions
Coordinator, 202-260-3882, e-mail: bushman.daniel @epamail.epa.gov, 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:
[[Page 38601]]
I. Introduction
A. Affected Entities
Entities potentially affected by this action are those which
manufacture, process, or otherwise use hydrochloric acid and which are
subject to the reporting requirements of section 313 of the Emergency
Planning and Community Right-to-Know Act of 1986 (EPCRA), 42 U.S.C.
11023, and section 6607 of the Pollution Prevention Act of 1990 (PPA),
42 U.S.C. 13106. Some of the affected categories and entities include:
Examples of affected
Category entities
Industry Facilities in the
manufacturing sector
(Standard Industrial
Classification codes 20-39)
that manufacture, process
or otherwise use
hydrochloric acid.
Federal Government Federal Agencies that
manufacture, process, or
otherwise use hydrochloric
acid.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. This table lists the types of entities that EPA is now aware
could potentially be affected by this action. Other types of entities
not listed in the table could also be affected. To determine whether
your facility is affected by this action, you should carefully examine
the applicability criteria in part 372 subpart B of Title 40 of the
Code of Federal Regulations.
B. Statutory Authority
This action is taken under sections 313(d) and (e)(1) of EPCRA.
EPCRA is also referred to as Title III of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) (Pub. L. 99-499).
C. 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 PPA. 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 (59 FR 61439, November 30, 1994) (FRL-4922-2).
II. Description of Petition and Proposed Action
On September 11, 1991, EPA received a petition from BASF
Corporation, E.I. duPont de Nemours, Monsanto Company, and Vulcan
Materials 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 under
EPCRA section 313 for acute, chronic, or environmental effects.
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), phosphorus (yellow or
white), vanadium (fume or dust), and zinc (fume or dust). Also EPA
recently modified the sulfuric acid listing (60 FR 34182, June 30,
1995) (FRL-4946-3) by exempting non-aerosol forms of sulfuric acid
exactly as is being done in today's action. As with this list
modification, EPA found that non-aerosol forms of sulfuric acid do not
meet the toxicity criteria of section 313(d)(2). Other qualified
listings include those for fibrous aluminum oxide (55 FR 5220, February
14, 1990) and water dissociable nitrate compounds (59 FR 61432,
November 30, 1994) (FRL-4922-2).
Following a review of the petition, EPA granted the petition and
issued a proposed rule in the Federal Register on November, 15, 1995
(60 FR 57383) (FRL-4045-4), proposing to delete non-aerosol forms of
hydrochloric acid from the list of toxic chemicals under EPCRA section
313. EPA's proposal was based on its conclusion that these forms of
hydrochloric acid meet the EPCRA section 313(d)(3) criterion for
deletion from the list. 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
preliminarily concluded that there is not sufficient evidence to
establish that non-aerosol forms of hydrochloric acid cause adverse
acute human health effects at concentration levels that are reasonably
likely to exist beyond facility site boundaries, 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
rulemaking record for this action. For the purposes of this final rule,
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 issued 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 aerosol forms of this chemical). 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 (56 FR 34156, July 26, 1991). The Agency believed that
these issues were also relevant 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
[[Page 38602]]
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 nonaerosol
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. One
comment presented at the public meeting specific to hydrochloric acid
came from the Great Lakes Chemical Company. This commenter stated that
hydrochloric acid does not meet either of the listing criteria set
forth in EPCRA section 313(d)(2)(A) or (C). The commenter discussed at
length the lack of environmental risks posed by deep well injection of
hydrochloric acid in oil and gas operations. EPA agrees with the
commenter that non-aerosol forms of hydrochloric acid do not meet the
EPCRA section 313 listing criteria and therefore none of the
environmental releases, including deep well injection, of these nonaerosol
forms should be reported under EPCRA section 313.
At the public meeting, EPA received other comments that pertained
to both the non-aerosol forms of hydrochloric and sulfuric acid. The
major comments received concerned the reporting of accidental releases,
effects of the removal of these chemicals on the Right-to-Know program,
reliance on other regulatory mechanisms for reporting, and the effects
delisting would have on pollution prevention. A brief summary of the
major comments received that are relevant to hydrochloric acid and
EPA's responses to those comments follow. More detailed responses to
the major issues raised by the comments presented and/or submitted at
the public meeting can be found in the final rulemaking delisting nonaerosol
forms of sulfuric acid (60 FR 34182, June 30, 1995) (FRL-4946-
3).
EPA received comments citing concerns for accidental releases of
non-aerosol forms of hydrochloric acid and the environmental damages
that have resulted. As discussed further in Unit III.B. of this
preamble, the Agency believes that the limited number of accidental
releases of non-aerosol forms of hydrochloric acid do not result in
significant adverse effects of sufficient seriousness to warrant
continued listing under EPCRA section 313.
Several commenters stated their opposition to removing non-aerosol
forms of hydrochloric acid from reporting under EPCRA section 313
because it defeats the intent of the Right-to-Know program. These
commenters contend that removing reporting for non-aerosol forms of
hydrochloric acid under EPCRA section 313 will result in a significant
information gap regarding ``routine'' releases of the chemical.
EPA agrees that by delisting non-aerosol forms of hydrochloric
acid, information on the management of these forms of the chemical may
be more difficult to obtain. However, EPA believes that adequate
information on non-aerosol forms of hydrochloric acid will still be
available through other sources.
EPA received a comment stating that it is inappropriate for the
Agency to rely solely on regulations developed under other statutes to
determine whether significant adverse human health or environmental
effects result from releases that are reported under EPCRA section 313.
While EPA does not rely solely on data as collected under other
regulations, the Agency does believe that data collected under other
regulations can assist in listing and delisting decisions. In the
Agency's review of non-aerosol forms of hydrochloric acid, EPA has not
uncovered any information to indicate that non-aerosol forms of this
chemical cause significant adverse human health or environmental
effects of sufficient seriousness to warrant reporting.
A number of comments received from industry contend that any
significant adverse effects that may be caused from releases of nonaerosol
forms of hydrochloric acid are already addressed through
several other regulations. Additional comments from industry asserted
that non-compliance with other statutes must be addressed through the
enforcement mechanisms of those statutes and should not be considered
in EPCRA section 313 listing or delisting decisions.
EPA agrees with the commenters that non-compliance with other
statutes should be addressed through those regulations. However, the
Agency has also found that the EPCRA section 313 data are useful in
identifying facilities that may not be in compliance with a particular
statute.
EPA received comments that stated that the removal of non-aerosol
forms of hydrochloric acid will have the effect of removing industry's
incentive for conducting pollution prevention efforts for their uses of
this chemical which is contrary to the intent of the PPA.
EPA does not agree that this delisting action will undermine
pollution prevention efforts. There are numerous other incentives for
facilities to reduce their releases of a specific chemical, including
financial incentives. In addition, facilities will be able to focus
their pollution prevention efforts and report their progress on the
forms of hydrochloric acid that pose the greatest hazard, the aerosol
forms.
III. Final Rule and Rationale for Delisting
A. Comments on the Proposed Modification to Delete Non-Aerosol Forms of
Hydrochloric Acid
EPA received 21 written comments (i.e., in addition to those
received at the public meeting) on the proposed deletion of non-aerosol
forms of hydrochloric acid from the EPCRA section 313 toxic chemical
list, all of which supported the proposed action. All 21 comments were
from industry representatives. All commenters supported the listing
modification on the grounds that non-aerosol forms do not meet the
statutory criteria of section 313(d)(2)(A)-(C). One commenter from the
International Dairy Foods Association requested that this listing
modification be extended to include non-aerosol forms of phosphoric and
nitric acids. Specifically, the commenter ``support[s] an alternative
listing option that eliminates the reporting requirement for all
transfers to Publicly Owned Treatment Works (POTW) of all non-aerosol
forms of mineral acids.''
The commenter refers to an issue raised at the March 3, 1993 public
meeting regarding the health and safety of POTW workers that may be
jeopardized as a result of transfers of mineral acids to POTWs. The
commenter contends that the effluent guidelines, issued under 40 CFR
part 403, prohibit an effluent discharge to a POTW with a pH below 5.
The commenter continues, ``EPA has stated that a pH between 6 and 9 is
neutral, therefore, the only concern is for discharges [within effluent
guidelines] between pH 5 and pH 6.'' The commenter compares this range
with that of acid rain. The commenter further states that he is
``unaware of any human health hazard associated with direct contact
with acid rain, and therefore, continuing to report releases between a
pH of 5 and 6 provides no benefit to POTW workers.''
[[Page 38603]]
The Agency is currently reviewing the toxicity hazards associated
with phosphoric and nitric acid to determine if any modification to the
EPCRA section 313 reporting requirements for these acids is
appropriate. However, in response to a petition that was withdrawn, EPA
has published an analysis of the hazards associated with phosphoric
acid (55 FR 25876, June 25, 1990). There are also additional concerns
for nitric acid. In addition to exhibiting the characteristic of
acidity, nitric acid, when neutralized, exhibits the toxicity of a
nitrate compound. On November 30, 1994 (59 FR 61432), EPA added a
nitrate compounds category to the EPCRA section 313 list of toxic
chemicals based on the toxicity of nitrate. EPA believes that water
dissociable nitrate compounds meet the criteria of EPCRA section
313(d)(2)(B).
B. Rationale for Delisting and Conclusions
EPA has concluded that the assessment set out in the proposed rule
should be affirmed. Specifically, hydrochloric acid aerosols meet the
toxicity criteria of section 313(d)(2), while non-aerosol forms of the
acid do not. EPA's decision to delete 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 hydrochloric acid exposure
to which humans and the environment may be subject (Ref. 1). The nonaerosol
forms of hydrochloric acid are acutely toxic at low pH;
however, there is no information to indicate that non-aerosol forms of
hydrochloric acid present a health or environmental risk as a result of
continuous, or frequently recurring, releases from facilities.
EPA has concluded that non-aerosol forms of hydrochloric acid do
not meet the statutory criterion 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 boundaries as a result of continuous,
or frequently recurring, releases.'' EPA's review of the toxicity and
exposure information indicates that although hydrochloric acid in
concentrated forms is acutely toxic, it is unlikely that persons will
be exposed to acutely toxic concentration levels beyond facility
boundaries as ``a result of continuous, or frequently recurring,
releases.''
Rather than being dependent upon average dose over time, e.g.,
quantity ingested as milligrams/kilogram/day (mg/kg/day), the chronic
toxicity hazard of non-aerosol forms of hydrochloric acid is primarily
dependent on the pH of the solution which is directly related to the
concentration of hydrochloric acid in the solution. Only solutions of
high hydrochloric acid concentration (i.e., solutions with a pH of
approximately 1 or lower) express this chronic toxicity hazard. The
physical and chemical properties of hydrochloric acid (Ref. 2) are such
that, in the environment, highly concentrated solutions (i.e.,
solutions with low pH) are not anticipated to be sustained for any
significant period of time, particularly in water. Therefore,
concentrations of non-aerosol forms of hydrochloric acid that can
express a chronic toxicity hazard are unlikely to exist in the
environment, particularly in water. Because the physical and chemical
properties of non-aerosol forms of hydrochloric acid limit its
existence as highly concentrated solutions in the environment and
because only highly concentrated solutions result in a pH low enough to
cause chronic toxicity, non-aerosol forms of hydrochloric acid pose a
low chronic toxicity hazard to human health. Therefore, EPA has
concluded that non-aerosol forms of hydrochloric acid do not meet the
chronic toxicity listing criterion in section 313(d)(2)(B), because the
chemical in its non-aerosol forms is not known to cause nor can
reasonably be anticipated to cause chronic health effects.
As with chronic human health effects, the adverse environmental
effects of non-aerosol forms of hydrochloric acid are dependent on the
pH of the solution which is directly related to the concentration of
hydrochloric acid in the solution. Adverse environmental effects are
observed at pH levels below approximately 5.0. Based on the amount of
hydrochloric acid required to maintain a pH of 5.0 or less, the nonaerosol
forms of hydrochloric acid are considered to pose a moderate
hazard to aquatic organisms. Given the regulatory restrictions
governing handling and environmental releases of concentrated
hydrochloric acid, exposures to pH levels below 5.0 are primarily a
result of accidental releases. 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. Chronic
aquatic toxicity is not expected to occur since any pH excursions are
expected to dissipate rapidly due to the physical and chemical
properties of non-aerosol forms of hydrochloric acid (Ref. 2).
Therefore, the environmental listing criterion, 313(d)(2)(C), is not
met because the non-aerosol forms of hydrochloric acid are not known to
cause nor can they be reasonably anticipated to cause a significant
adverse effect on the environment of sufficient seriousness to warrant
release reporting.
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 Toxic Release Inventory (TRI) data base, i.e., only annual release
figures are available. In addition, other statutory mechanisms exist by
which information on spills of hydrochloric acid will be made available
to the public. These mechanisms, which are the same as for sulfuric
acid, are detailed in Unit III.A. of the preamble to the Final Rule on
sulfuric acid (60 FR 34183).
Therefore, EPA is modifying the listing for hydrochloric acid by
deleting non-aerosol forms of hydrochloric acid. For the purposes of
this deletion, EPA considers the term aerosol to cover any generation
of airborne hydrochloric acid (including mists, vapors, gas, or fog)
without regard to particle size. This action to delete non-aerosol
forms of hydrochloric acid from the section 313 list is not meant to
suggest that the Agency considers hydrochloric acid to be a ``safe''
chemical. Rather, this action reflects the fact that non-aerosol forms
of the chemical do not meet the toxicity criteria set forth in EPCRA
section 313(d)(2). Nor is today's action intended, or should it be
inferred, to affect the status of non-aerosol forms of hydrochloric
acid under any other statute or program other than the reporting
requirements under EPCRA section 313.
C. Reporting Aerosol Forms of Hydrochloric Acid
For purposes of threshold determination under 40 CFR 372.25, any
generation of airborne hydrochloric acid (including mists, vapors, gas,
or fog) without regard to particle size, is considered manufacture of
hydrochloric acid aerosols. The quantity of airborne hydrochloric acid
manufactured, not the amount released, would be compared
[[Page 38604]]
with the reporting thresholds in EPCRA section 313(f).
Generation of airborne hydrochloric acid is expected to occur from,
but is not limited to: The reaction of alkali metal chlorides (e.g.,
sodium chloride, potassium chloride) by strong acids (e.g., sulfuric
acid); the reaction of alkali metal chlorides with sulfur dioxide in
the presence of air and water; the reaction of hydrogen with chlorine;
syntheses of organic compounds that require the use of chlorine or
chloride-containing substances; combustion of organic chlorides or
inorganic chlorides; production or processing of solutions of
hydrochloric acid; and volatilization or vaporization of hydrochloric
acid from manufacture or processing. EPA will be developing a guidance
document to assist facilities in determining whether the facilities are
manufacturing, processing or otherwise using aerosol forms of
hydrochloric acid as defined under EPCRA section 313.
IV. Effective Date
This action becomes effective July 25, 1996, thus the last year in
which facilities had to file a TRI report for non-aerosol forms of
hydrochloric acid was 1995, covering releases and other activities that
occurred in 1994. 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 non-aerosol forms of hydrochloric acid, 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 (June 28, 1994).
V. Additional Time to Report for 1995
EPA recognizes that today's action has come so close to the
extended August 1, 1996, deadline for filing TRI reports for the 1995
reporting year (see 61 FR 2721, January 29, 1996) that facilities that
have not yet filed their report for hydrochloric acid may not have
sufficient time to reassess their threshold determinations and release
estimates based on the new reporting requirements for hydrochloric
acid. Therefore, in order to avoid inaccurate and unnecessary reporting
and to reduce the reporting burden associated with the filing of
revised reports, EPA is allowing an additional two weeks, until August
15, 1996, for facilities to file their TRI reports for hydrochloric
acid (acid aerosols). TRI Reports on hydrochloric acid (acid aerosols)
for the 1995 reporting year that are filed after August 15, 1996, will
be subject to EPA enforcement action, where appropriate. This 2-week
extension applies only to TRI reports for hydrochloric acid; reports
for all other chemicals subject to the reporting requirements of EPCRA
section 313 and PPA section 6607 are still subject to the August 1,
1996 reporting deadline.
Facilities that have already filed a Form R report for hydrochloric
acid covering Reporting Year 1995 may wish to either: (1) Revise this
report, or (2) submit a withdrawal request if the facility did not
exceed the appropriate threshold for the aerosol forms of the chemical,
or (3) submit a withdrawal request if the threshold determinations were
made on non-aerosol forms of hydrochloric acid only. Revisions and
withdrawal requests must be submitted no later than October 15, 1996.
Unless EPA receives a revision or withdrawal request by October 15,
1996, EPA will include, in the TRI under the hydrochloric acid (acid
aerosols) listing, all hydrochloric acid release and waste management
information as reported on each Form R received. This will include any
quantities of the non-aerosol forms of hydrochloric acid that where
included on a facility's Form R report.
This allowance of additional time for reporting on hydrochloric
acid applies only to the EPCRA section 313/PPA section 6607 reporting
obligations for TRI reports otherwise due on August 1, 1996, covering
calendar year 1995. Nothing in this notice regarding extension of
reporting deadlines shall be construed to apply to any other EPCRA
reporting obligations, or to any TRI reports due for past or future
reporting years. Further, this allowance of additional time for
reporting applies only to the federal EPCRA section 313/PPA section
6607 reporting obligation; it does not apply to independent obligations
under State laws which also require TRI-type reports. However, EPA
encourages the States with similar requirements that relate to federal
TRI reporting to embrace this allowance of additional time.
To the extent that this action extending the reporting deadline
might be construed as rulemaking subject to section 553 of the
Administrative Procedure Act, for the reasons stated above, EPA has
determined that notice and an opportunity for public comment are
impracticable and unnecessary. Providing for public comment might
further delay reporting, and, because there is no substantive change in
the reporting obligation, other than allowing an additional 2 weeks,
the public will continue to receive the same information, though
slightly delayed. Also, public comment would not further inform EPA's
decision because the event giving rise to the need to provide extra
time for reporting on hydrochloric acid has already occurred. In
addition, additional notice and comment procedures in this situation
would be contrary to the public interest in timely and accurate
reporting of data under EPCRA section 313 and PPA section 6607.
VI. Rulemaking Record
The record supporting this decision is contained in docket control
number OPPTS-400062A. All documents, including an index of the docket
and the references listed in Unit VI. of this preamble, are available
in the TSCA Nonconfidential Information Center (NCIC), also known as,
TSCA Public Docket Office from 12 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.
VII. References
- USEPA. 1995. Technical Support Document for the Petition to
Delist Non-aerosol Forms of Hydrochloric Acid from EPCRA Section 313.
- Brady, J.E., Humiston, G.E. General Chemistry Principles and
Structure. John Wiley & Sons, New York, (1978), pp. 394-431.
VIII. Regulatory Assessment Requirements
It has been determined that this action is not a ``significant
regulatory action'' within the meaning of Executive Order 12866 (58 FR
51735, October 4, 1993), because this action eliminates an existing
regulatory requirement. The Agency estimates the cost savings to
industry from this action 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
[[Page 38605]]
industry and EPA from this action is $5,035,000 and the upper bound
estimate is $7,801,000.
This action does not impose any Federal mandate on State, local or
tribal governments or the private sector within the meaning of the
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). And, given its
deregulatory nature, I hereby certify pursuant to the Regulatory
Flexibility Act (5 U.S.C. 605(b)), that this action does not have a
significant economic impact on a substantial number of small entities.
As required, information to this effect has been forwarded to the Small
Business Administration.
This action 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. The elimination of the information collection
components for this action is expected to result in the elimination of
92,000 to 141,000 paperwork burden hours.
In addition, pursuant to Executive Order 12898 (59 FR 7629,
February 16, 1994), entitled ``Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations,'' the
Agency has determined that there are no environmental justice related
issues with regard to this action since this final rule simply
eliminates reporting requirements for a chemical that, under the
criteria of EPCRA section 313, does not pose a concern for human health
or the environment.
Under 5 U.S.C. 801(a)(1)(A) of the Administrative Procedure Act
(APA) as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (Title II of Pub. L. 104-121, 110 Stat. 847), EPA submitted
a report containing this rule and other required information to the
U.S. Senate, the U.S. House of Representatives and the Comptroller
General of the General Accounting Office prior to publication of the
rule in today's Federal Register. This rule is not a ``major rule'' as
defined by 5 U.S.C. 804(2) of the APA as amended.
List of Subjects in 40 CFR Part 372
Environmental protection, Community right-to-know, Reporting and
recordkeeping requirements, Toxic chemicals.
Dated: July 19, 1996.
Lynn R. Goldman,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.
Therefore, 40 CFR part 372 is amended as follows:
- The authority citation for part 372 continues 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 adding the
parenthetical to 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 for CAS
number entry 7647-01-0 under paragraph (b).
[FR Doc. 96-18944 Filed 7-24-96; 8:45 am]
BILLING CODE 6560-50-F
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