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

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: [email protected]. 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: [email protected], 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:

[email protected]

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