[Federal Register Volume 59, Number 229 (Wednesday, November 30, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29376]


[[Page Unknown]]

[Federal Register: November 30, 1994]


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Part V





Environmental Protection Agency





_______________________________________________________________________



40 CFR Part 372




Addition of Certain Chemicals; Toxic Chemical Release Reporting; 
Community Right-to-Know; Final Rule
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 372

[OPPTS-400082B; FRL-4922-2]
RIN 2070-AC47

 
Addition of Certain Chemicals; Toxic Chemical Release Reporting; 
Community Right-to-Know

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is adding 286 chemicals and chemical categories, which 
include 39 chemicals as part of two delineated categories, to the list 
of toxic chemicals subject to reporting 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). The 
additions of these chemicals and chemical categories are based on their 
acute human health effects, carcinogenicity or other chronic human 
health effects, and/or their adverse effects on the environment. EPA is 
taking this action pursuant to its authority to add to the list those 
chemicals and chemical categories that meet the EPCRA section 313(d)(2) 
criteria for addition to the list of toxic chemicals. EPCRA section 313 
reporting for the newly listed chemicals and chemical categories will 
be required beginning with the 1995 calendar year. As such, the first 
reports for the added chemicals and chemical categories must be 
submitted to EPA and States by July 1, 1996.

EFFECTIVE DATE: This rule is effective November 22, 1994.

FOR FURTHER INFORMATION CONTACT: Maria J. Doa, Project Manager, 202-
260-9592, for specific information regarding this final rule. For 
further information on EPCRA section 313, contact the Emergency 
Planning and Community Right-to-Know Information Hotline, Environmental 
Protection Agency, Mail Stop 5101, 401 M St., SW., Washington, DC 
20460, Toll free: 800-535-0202, TDD: 800-553-7672.

SUPPLEMENTARY INFORMATION:

I. Introduction

A. Statutory Authority

    This rule is issued under section 313(d) of the Emergency Planning 
and Community Right-to-Know Act of 1986 (EPCRA), 42 U.S.C. 11001 et 
seq.. EPCRA is also referred to as Title III of the Superfund 
Amendments and Reauthorization Act of 1986.

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 also must report pollution 
prevention and recycling data for such chemicals, pursuant to section 
6607 of the Pollution Prevention Act, 42 U.S.C. 13106. Section 313 
established an initial list of toxic chemicals that was composed of 
more than 300 chemicals and 20 chemical categories. Section 313(d) 
authorizes EPA to add or delete chemicals from the list, and sets forth 
criteria for these actions. Under section 313(e), any person may 
petition EPA to add chemicals to or delete chemicals from the list. EPA 
issued a statement of petition policy and guidance in the Federal 
Register of February 4, 1987 (52 FR 3479), to provide guidance 
regarding the recommended content and format for petitions. On May 23, 
1991 (56 FR 23703), EPA issued guidance regarding the recommended 
content of petitions to delete individual members of the section 313 
metal compound categories.

II. Background

    On January 12, 1994 (59 FR 1788), EPA issued a proposal in the 
Federal Register to add 313 chemicals and chemical categories to the 
list of toxic chemicals under EPCRA section 313 based on their acute 
human health effects, carcinogenicity or other chronic human health 
effects, and/or their environmental effects. EPA's decision to add the 
chemicals and chemical categories in today's rule to the section 313 
list is based on a further assessment, in light of public comments of 
both the relative toxicity of the chemicals--the potency of the 
chemical's inherent toxicity--and a careful consideration of the type 
of adverse effect the chemical causes or can reasonably be anticipated 
to cause. Under section 313(d)(2)(A) (acute human toxicity), the effect 
must be ``significant.'' Under section 313(d)(2)(B) the effect must 
either be cancer or teratogenicity, or some other ``serious or 
irreversible'' chronic health effect. Under section 313(d)(2)(C) 
(environmental toxicity) the effect must be ``significant'' and ``of 
sufficient seriousness in the judgment of the Administrator'' to 
warrant reporting.
    The statute does not specify how serious or significant an effect 
must be in order for a chemical to be listed under any of the criteria. 
This determination is left to the EPA's discretion and scientific 
judgment. The Agency recognizes that not every adverse effect is 
sufficiently significant or serious to satisfy the criteria. For 
chemicals with effects that satisfy the criteria, Congress made it 
clear in section 313 that communities have a right to know about 
releases of such chemicals. The Agency's goal in implementing section 
313 is to ensure that the communities are provided with that release 
information to allow them to further educate themselves and, if 
appropriate, take or recommend action.
    A brief description of the selection process follows, however, a 
detailed description of EPA's methodology and rationale for the 
proposed addition of these chemicals and chemical categories can be 
found in the proposed rule.
    1. Development of the chemical addition list. As a starting point 
for screening candidates for addition to the toxic chemical list under 
EPCRA section 313, EPA chose to examine the lists of chemicals 
regulated or identified, as of concern, under various environmental 
statutes including: Section 112(b) of the Clean Air Act (CAA) as 
amended in 1990 (Hazardous Air Pollutants); (2) section 602(b) of the 
CAA (Class II ozone depleting substances); (3) section 307(a) of the 
Clean Water Act (CWA) (Priority Pollutant List); (4) Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA) Active Ingredients, 
including Special Review, Canceled/Denied or Suspended, and Restricted 
Use Pesticides; (5) section 302 of EPCRA (Extremely Hazardous 
Substances); (6) section 102 of the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA); (7) section 3001 of 
the Resource Conservation and Recovery Act (RCRA) and chemicals listed 
at 40 CFR 261.33(e) and Appendix VIII; (8) section 1412 of the Safe 
Drinking Water Act as amended; (9) certain chemicals subject to the 
Toxics Substance Control Act (Existing Chemicals); and (10) the State 
of California Safe Drinking Water and Toxic Enforcement Act of 1986 
(Proposition 65) (List of Chemicals Known to the State to Cause 
Reproductive Toxicity); and/or those chemicals designated as possible, 
probable, or known carcinogens in the Monographs of the International 
Agency for Research on Cancer (IARC) and the 6th Annual Report on 
Carcinogens of the National Toxicology Program (NTP), U.S. Department 
of Health and Human Services (DHHS).
    2. Screening of chemicals. To prioritize chemicals for possible 
addition to EPCRA section 313, EPA applied a human health and 
ecotoxicity screen and a production volume screen, which are described 
below.
    a. Toxicity screen. A toxicity screen is a limited review of 
readily available toxicity data that is used for a preliminary 
categorization of a chemical during the process of selecting candidates 
for possible listing under EPCRA section 313. The toxicity screen is 
used to identify chemicals for further consideration and does not 
reflect a final determination for listing a chemical under EPCRA 
section 313. Such a determination can only be made after a hazard 
assessment is conducted (See Unit II.3. of this preamble). The 
chemicals identified above were screened for four general effect 
categories: Acute human health effects, cancer, other chronic human 
health effects, and ecological effects.
    The screening criteria associated with each of the effect areas 
used in the toxicity screen are discussed in detail in the Revised 
Draft Hazard Assessment Guidelines for Listing Chemicals on the Toxic 
Release Inventory (Draft Hazard Assessment Guidelines), (Ref. 11). 
Based on the results of this screen, the chemicals were preliminarily 
placed in one of three screening categories defined in the Draft Hazard 
Assessment Guidelines: ``high priority;'' ``medium priority;'' or ``low 
priority.''
    Chemicals that were categorized as ``low priority'' during the 
screening process were not considered further as candidates for 
addition to the EPCRA section 313 list in this rulemaking.
    b. Production volume screen. EPCRA section 313(f) establishes 
reporting thresholds of either 25,000 or 10,000 pounds per facility per 
year related to the amount of a chemical that is manufactured, 
processed, or otherwise used. EPA anticipates that the addition of 
chemicals manufactured, imported, processed, or used in quantities less 
than the EPCRA section 313 activity thresholds would not result in the 
submission of Toxic Release Inventory (TRI) reports. Thus, EPA elected 
to focus its attention on chemicals likely to yield reports and also 
screened potential candidates for the likelihood of meeting the EPCRA 
section 313 volume thresholds. Chemicals for which there were no data 
to indicate that the chemical is likely to meet or exceed the EPCRA 
section 313 volume thresholds were not considered further as possible 
candidates for addition to the section 313 list at this time.
    3. Hazard evaluation. After completing the screening phase, EPA 
conducted a thorough hazard assessment for each of the addition 
candidates that resulted from the above analyses and determined based 
on the weight-of-the evidence if there was sufficient evidence to 
establish that the candidate chemical met the statutory criteria for 
addition to EPCRA section 313. To make this determination, EPA senior 
scientists reviewed readily available toxicity information on each 
chemical for each of the following effect areas: acute human health 
effects; cancer; other chronic human effects; and environmental 
effects. In addition, EPA reviewed, where appropriate, information on 
the environmental fate of the chemical.
    The hazard assessment was conducted in accordance with relevant EPA 
guidelines for each adverse human health or environmental effect (e.g., 
the appropriate guidelines for hazard evaluation of chemical 
carcinogens and for the type of evidence required to substantiate a 
determination of carcinogenicity are the Assessment Guidelines for 
Carcinogen Risk (Ref. 4)). During this assessment the number, severity, 
and significance of the effects induced by the chemical, the dose level 
causing the effect, and the quality and quantity of the available data, 
including the nature of the data (e.g., human epidemiological, 
laboratory animal, field or workplace studies) and confidence level in 
the existing data base, were all considered. Where a careful review of 
the scientific data for a particular chemical results in a high level 
of confidence that the chemical causes an adverse effect at relatively 
low dose levels, EPA believes that this evidence is sufficient for 
listing the chemical under section 313. EPA also believes that where a 
review of the scientific data indicates that the chemical will cause 
various adverse effects at moderate dose levels, the total weight-of-
the-evidence indicates that there is sufficient evidence for listing 
the chemical under EPCRA section 313. EPA believes that both types of 
chemicals described above exhibit moderately high to high toxicity 
based on a hazard assessment.
    EPA also conducted an analysis of exposure for each chemical or 
chemical category proposed for listing under EPCRA section 313(d)(2)(A) 
(i.e., based on adverse acute human health effects), and, where 
appropriate, under section 313(d)(2)(C) (i.e., based on adverse 
ecological effects). For chemicals listed under EPCRA section 
313(d)(2)(A), this analysis included estimated concentrations of the 
chemical at or beyond the facility site boundary through the use of 
estimated releases and modelling techniques. EPA did not conduct an 
analysis of exposure for the chemicals proposed for listing under 
section 313(d)(2)(B) because these chemicals exhibit moderately high to 
high toxicity based on a hazard assessment (see Unit IV.B. for a 
discussion of the use of exposure). As discussed more thoroughly in 
Unit IV.B. of this preamble, EPA does not believe that it is 
appropriate to factor exposure into the listing decisions for the 
chemicals being listed pursuant to section 313(d)(2)(B) in this 
rulemaking.
    Following a review and analysis of the information available about 
each chemical in this final rule (including information provided 
through public comment) by senior Agency scientists, the Agency 
concludes that for each of the chemicals listed one or more of the 
EPCRA section 313 listing criteria are met. Moreover, the adverse 
effects associated with each of the chemicals being listed today are 
serious and significant. In some cases the effects are extreme, such as 
cancer or death. In others, the effects are serious and lasting, 
including, for example, impairment of a fetus' or an offspring's 
physical development, neurological effects inhibiting motor abilities 
or mental processes or impairing the ability to reproduce, or the 
sustainability of a fragile ecosystem such as an estuary. For a number 
of chemicals in the final rule, there is more than one adverse effect.
    It is important to understand that although an adverse effect is 
known or can be reasonably anticipated to be caused by a chemical on 
the section 313 list, a release of a chemical into a community does not 
necessarily mean that the effect will occur. Exposure and dose are also 
important factors in determining whether an adverse effect occurs and 
how serious the manifestation will be. The listing of a chemical on the 
section 313 list does not mean that a particular community will 
experience these adverse effects. Instead the purpose for listing a 
chemical is to ensure that the public gets information about releases 
of such chemicals. Thus, EPA believes that for chemicals that typically 
do not affect solely one or two species but rather affect changes 
across a whole ecosystem and for which there is well-documented 
evidence supporting the adverse effects, that their addition to the 
EPCRA section 313 list is warranted even though the severity of the 
adverse effects that they induce will be dependent upon site-specific 
characteristics. Once EPA makes release data available through TRI, the 
community may then make its own determination on the importance of 
these releases (and their potential adverse effects).
    The expansion of the EPCRA section 313 toxic chemical list is the 
first phase of the expansion of the TRI program. EPA plans to issue a 
proposed rule in early 1995 expanding the scope of industry sectors 
that would be subject to EPCRA section 313. EPA's initial analysis for 
this effort is focused on industrial sectors which have activities 
related to manufacturing that result in significant releases of 
chemicals listed on EPCRA section 313. EPA is also considering further 
expanding right-to-know by investigating the feasibility of adding data 
on exposure to and use of chemicals at TRI facilities. The Agency 
believes that the collection of this type of data would provide a 
greater understanding of risk reduction and pollution prevention 
opportunities.
    In conjunction with these expansion activities, the Agency is also 
considering situations where data of lesser value can be removed from 
the TRI system. Elsewhere in this issue of the Federal Register, EPA is 
promulgating a rule establishing an alternate threshold for facilities 
with low annual reportable amounts of listed toxic chemicals. This 
alternate threshold will provide considerable relief for facilities 
which generate ``small'' amounts of EPCRA section 313 chemicals in 
reportable amounts. This relief will offset the increased burden that 
this expansion rule may impose. The alternate threshold for 
manufacture, or process, or otherwise use for each of the chemicals 
meeting the facility category will be an amount greater than one 
million pounds per year. If a facility meets the alternate threshold 
criteria, that facility will not be required to file a complete TRI 
report (Form R), but will be required to submit an annual certification 
statement for each chemical meeting these conditions for the reporting 
year for which these conditions were met and maintain records 
supporting calculations made to determine these conditions. EPA 
estimates that this alternate threshold provides the option to convert 
approximately 20,100 Form R reports to certification statements.

III. Summary of Final Rule

    In this action, EPA is adding 286 chemicals and chemical 
categories, which includes 39 chemicals as part of two delineated 
categories, to the EPCRA section 313 list. EPA finds that each of these 
chemicals and chemical categories meets one or more of the EPCRA 
section 313(d)(2) criteria. Additionally, EPA believes that each of 
these chemicals can reasonably be anticipated to be manufactured or 
imported in quantities of at least 10,000 pounds (the EPCRA section 313 
otherwise use reporting threshold) by at least one facility. Therefore, 
the Agency believes that the listing of these chemicals can reasonably 
be anticipated to generate EPCRA section 313 reports and that adding 
these chemicals to the toxic chemical list is appropriate.
    The proposed rule and record supporting the rulemaking contain 
information on EPA's review of these chemicals, including the toxicity 
evaluation. This background information will not be repeated here in 
the final rule. However, to the extent that comments were received on 
these issues, those comments are addressed in this document. In 
addition to general comment and comment addressing a broad number of 
chemicals, EPA received specific technical comments on 110 of the 
chemicals and chemical categories. Detailed responses to comments are 
contained in Response to Comments Received on the January 12, 1994 
Proposed Rule to Expand the EPCRA Section 313 List (Response to Comment 
Document, Ref. 14). Summaries of responses to comments on selected 
chemicals appear in units IV.F. and IV.G. of this preamble. Table 1 
lists the chemicals that EPA has determined meet the statutory criteria 
of EPCRA section 313(d)(2) and are therefore being added to the toxic 
chemical list. Each of the chemicals and chemical categories listed 
below were found to meet the statutory criteria described in EPCRA 
section 313(d)(2)(A)-(C). This means that the Agency has made a finding 
that the chemical is known to cause an effect, or is reasonably 
anticipated to do so. It does not necessarily mean that the chemical is 
known to cause a given effect. The specific criterion or criteria that 
the chemical meets are also listed in Table 1 below.

                          Table 1.--Chemicals Being Added to the EPCRA Section 313 List                         
----------------------------------------------------------------------------------------------------------------
                                                                           Section       Section       Section  
             Chemical Name                          CAS No.             313(d)(2)(A)  313(d)(2)(B)  313(d)(2)(C)
----------------------------------------------------------------------------------------------------------------
Abamectin (Avermectin B1)                071751-41-2                                        X             X     
Acephate (Acetylphosphoramidothioic      030560-19-1                                        X                   
 acid O,S-dimethyl ester)                                                                                       
Acifluorfen sodium salt (5-(2-Chloro-4-  062476-59-9                                        X                   
 (triflouromethyl)phenoxy)-2-nitro-                                                                             
 benzoic acid, sodium salt)                                                                                     
Alachlor                                 015972-60-8                                        X                   
Aldicarb                                 000116-06-3                                                      X     
d-trans-Allethrin [d-trans-              028057-48-9                                        X                   
 Chrysanthemic acid of d-allethrone]                                                                            
Allylamine                               000107-11-9                                        X                   
Aluminum phosphide                       020859-73-8                          X                                 
Ametryn (N-Ethyl-N'-(1-methylethyl)-6-   000834-12-8                                        X             X     
 (methylthio)-1,3,5,-triazine- 2,4                                                                              
 diamine)                                                                                                       
Amitraz                                  033089-61-1                                        X                   
Anilazine (4,6-Dichloro-N-(2-            000101-05-3                                        X             X     
 chlorophenyl)-1,3,5-triazin-2-amine)                                                                           
Atrazine (6-Chloro-N-ethyl-N'-(1-        001912-24-9                                        X                   
 methylethyl)-1,3,5,-triazine-2,4-                                                                              
 diamine)                                                                                                       
Bendiocarb (2,2-Dimethyl-1,3-            022781-23-3                                        X             X     
 benzodioxol-4-ol methylcarbamate)                                                                              
Benfluralin (N-Butyl-N-ethyl-2,6-        001861-40-1                                        X                   
 dinitro-4-(trifluoromethyl)                                                                                    
 benzenamine)                                                                                                   
Benomyl                                  017804-35-2                                        X                   
Bifenthrin                               082657-04-3                                        X             X     
Bis(tributyltin) oxide                   000056-35-9                                        X             X     
Boron trichloride                        010294-34-5                          X                                 
Boron trifluoride                        007637-07-2                                        X                   
Bromacil (5-Bromo-6-methyl-3-(1-         000314-40-9                                        X                   
 methylpropyl)-2,4(1H,3H)-                                                                                      
 pyrimidinedione)                                                                                               
Bromacil lithium salt (2,4(1H,3H)-       053404-19-6                                        X                   
 Pyrimidinedione, 5-bromo-6-methyl-3 (1-                                                                        
 methylpropyl), lithium salt)                                                                                   
Bromine                                  007726-95-6                                        X                   
1-Bromo-1-(bromomethyl)-1,3-             035691-65-7                                        X                   
 propanedicarbonitrile                                                                                          
2-Bromo-2-nitropropane-1,3-diol          000052-51-7                                        X                   
 (Bronopol)                                                                                                     
Bromoxynil (3,5-Dibromo-4-               001689-84-5                                        X                   
 hydroxybenzonitrile)                                                                                           
Bromoxynil octanoate (Octanoic acid,     001689-99-2                                        X                   
 2,6-dibromo-4-cyanophenyl ester)                                                                               
Brucine                                  000357-57-3                          X                                 
C.I. Acid Red 114                        006459-94-5                                        X                   
C.I. Direct Blue 218                     028407-37-6                                        X                   
Carbofuran                               001563-66-2                                                      X     
Carboxin (5,6-Dihydro-2-methyl-N-phenyl- 005234-68-4                                        X                   
 1,4-oxathiin-3-carboxamide)                                                                                    
Chinomethionat (6-Methyl-1,3-            002439-01-2                                        X                   
 dithiolo[4,5-b]quinoxalin-2-one)                                                                               
Chlorendic acid                          000115-28-6                                        X                   
Chlorimuron ethyl (Ethyl-2-[[[(4-chloro- 090982-32-4                                        X                   
 6-methoxyprimidin-2-yl)-carbonyl]-                                                                             
 amino]sulfonyl]benzoate)                                                                                       
1-(3-Chloroallyl)-3,5,7-triaza-1-        004080-31-3                                        X                   
 azoniaadamantane chloride                                                                                      
p-Chloroaniline                          000106-47-8                                        X                   
3-Chloro-2-methyl-1-propene              000563-47-3                                        X                   
p-Chlorophenyl isocyanate                000104-12-1                          X                                 
Chloropicrin                             000076-06-2                                                      X     
3-Chloropropionitrile                    000542-76-7                          X                                 
p-Chloro-o-toluidine                     000095-69-2                                        X                   
2-Chloro-1,1,1-trifluoroethane (HCFC-    000075-88-7                                        X             X     
 133a)                                                                                                          
Chlorotrifluoromethane (CFC-13)          000075-72-9                                        X             X     
3-Chloro-1,1,1-trifluoropropane(HCFC-    000460-35-5                                        X             X     
 253fb)                                                                                                         
Chlorpyrifos methyl (O,O-Dimethyl-O-     005598-13-0                                        X             X     
 (3,5,6-trichloro-2-                                                                                            
 pyridyl)phosphorothioate)                                                                                      
Chlorsulfuron (2-Chloro-N-[[(4-methoxy-  064902-72-3                                        X                   
 6-methyl-1,3,5-triazin-2-yl)                                                                                   
 amino]carbonyl]benzenesulfonamide)                                                                             
Crotonaldehyde                           004170-30-3                                        X                   
Cyanazine                                021725-46-2                                        X                   
Cycloate                                 001134-23-2                                        X                   
Cyclohexanol                             000108-93-0                                        X                   
Cyfluthrin (3-(2,2-Dichloroethenyl)-2,2- 068359-37-5                                        X             X     
 dimethylcyclopropanecarboxylic acid,                                                                           
 cyano(4-fluoro-3-                                                                                              
 phenoxyphenyl)methylester)                                                                                     
Cyhalothrin (3-(2-Chloro-3,3,3-          068085-85-8                                        X                   
 trifluoro-1-propenyl)-2,2-                                                                                     
 Dimethylcyclopropanecarboxylic acid                                                                            
 cyano(3-phenoxyphenyl)methyl ester)                                                                            
Dazomet (Tetrahydro-3,5-dimethyl-2H-     000533-74-4                                        X                   
 1,3,5-thiadiazine-2-thione)                                                                                    
Dazomet sodium salt (2H-1,3,5-           053404-60-7                                        X                   
 Thiadiazine-2-thione, tetrahydro-3,5-                                                                          
 dimethyl-, ion(1-), sodium)                                                                                    
2,4-DB                                   000094-82-6                                        X                   
2,4-D butoxyethyl ester                  001929-73-3                                        X                   
2,4-D butyl ester                        000094-80-4                                        X                   
2,4-D chlorocrotyl ester                 002971-38-2                                        X                   
Desmedipham                              013684-56-5                                        X                   
2,4-D 2-ethylhexyl ester                 001928-43-4                                        X                   
2,4-D 2-ethyl-4-methylpentyl ester       053404-37-8                                        X                   
Diazinon                                 000333-41-5                                        X             X     
2,2-Dibromo-3-nitrilopropionamide        010222-01-2                                        X                   
Dicamba (3,6-Dichloro-2-methyoxybenzoic  001918-00-9                                        X                   
 acid)                                                                                                          
Dichloran (2,6-Dichloro-4-nitroaniline)  000099-30-9                                        X                   
3,3'-Dichlorobenzidine dihydrochloride   000612-83-9                                        X                   
3,3'-Dichlorobenzidine sulfate           064969-34-2                                        X                   
trans-1,4-Dichloro-2-butene              000110-57-6                          X                                 
1,2-Dichloro-1,1-difluoroethane (HCFC-   001649-08-7                                        X             X     
 132b)                                                                                                          
Dichlorofluoromethane (HCFC-21)          000075-43-4                                        X             X     
Dichloropentafluoropropane               127564-92-5                                        X             X     
1,3-Dichloro-1,1,2,3,3-                  136013-79-1                                        X             X     
 pentafluoropropane (HCFC-225ea)                                                                                
2,2-Dichloro-1,1,1,3,3-                  128903-21-9                                        X             X     
 pentafluoropropane (HCFC-225aa)                                                                                
1,1-Dichloro-1,2,3,3,3-                  111512-56-2                                        X             X     
 pentafluoropropane (HCFC-225eb)                                                                                
1,1-Dichloro-1,2,2,3,3-                  013474-88-9                                        X             X     
 pentafluoropropane (HCFC-225cc)                                                                                
1,3-Dichloro-1,1,2,2,3-                  000507-55-1                                        X             X     
 pentafluoropropane (HCFC-225cb)                                                                                
1,2-Dichloro-1,1,3,3,3-                  000431-86-7                                        X             X     
 pentafluoropropane (HCFC-225da)                                                                                
3,3-Dichloro-1,1,1,2,2-                  000422-56-0                                        X             X     
 pentafluoropropane (HCFC-225ca)                                                                                
2,3-Dichloro-1,1,1,2,3-                  000422-48-0                                        X             X     
 pentafluoropropane (HCFC-225ba)                                                                                
1,2-Dichloro-1,1,2,3,3-                  000422-44-6                                        X             X     
 pentafluoropropane (HCFC-225bb)                                                                                
Dichlorophene (2,2'-Methylenebis(4-      000097-23-4                                        X             X     
 chlorophenol)                                                                                                  
trans-1,3-Dichloropropene                010061-02-6                                        X                   
Diclofop methyl (2-[4-(2,4-              051338-27-3                                        X                   
 Dichlorophenoxy)                                                                                               
 phenoxy]propanoicacid, methyl ester)                                                                           
Dicyclopentadiene                        000077-73-6                                        X                   
Diethatyl ethyl                          038727-55-8                                        X                   
Diflubenzuron                            035367-38-5                                        X             X     
Diglycidyl resorcinol ether              000101-90-6                                        X                   
Diisocyanates, consisting of:            NA                                                 X                   
  1,3-Bis(methylisocyanate) cyclohexane  038661-72-2                                                            
  1,4-Bis(methylisocyanate) cyclohexane  010347-54-3                                                            
  1,4-Cyclohexane diisocyanate           002556-36-7                                                            
  Diethyldiisocyanatobenzene             134190-37-7                                                            
  4,4'-Diisocyanatodiphenyl ether        004128-73-8                                                            
  2,4'-Diisocyanatodiphenyl sulfide      075790-87-3                                                            
  3,3'-Dimethoxybenzidine-4,4'-          000091-93-0                                                            
   diisocyanate                                                                                                 
  3,3'-Dimethyl-4,4'-diphenylene         000091-97-4                                                            
   diisocyanate                                                                                                 
  3,3'-Dimethyl diphenylmethane-4,4'-    000139-25-3                                                            
   diisocyanate                                                                                                 
  Hexamethylene-1,6-diisocyanate         000822-06-0                                                            
  Isophorone diisocyanate                004098-71-0                                                            
  Methylenebis(phenyl isocyanate)        000101-68-8                                                            
  4-Methyldiphenylmethane-3,4-           075790-84-0                                                            
   diisocyanate                                                                                                 
  1,1-Methylene bis(4-                   005124-30-1                                                            
   isocyanatocyclohexane)                                                                                       
  1,5-Naphthalene diisocyanate           003173-72-6                                                            
  1,3-Phenylene diisocyanate             000123-61-5                                                            
  1,4-Phenylene diisocyanate             000104-49-4                                                            
  Polymeric diphenylmethane              009016-87-9                                                            
   diisocyanate                                                                                                 
  2,2,4-Trimethylhexamethylene           016938-22-0                                                            
   diisocyanate                                                                                                 
  2,4,4-Trimethylhexamethylene                                                                                  
   diisocyanate 015646-96-5                                                                                     
Dimethipin (2,3,-Dihydro-5,6-dimethyl-   055290-64-7                                        X                   
 1,4-dithiin 1,1,4,4-tetraoxide)                                                                                
Dimethoate                               000060-51-5                                        X                   
3,3'-Dimethoxybenzidine dihydrochloride  020325-40-0                                        X                   
 (o-Dianisidine dihydrochloride)                                                                                
3,3'-Dimethoxybenzidine hydrochloride    111984-09-9                                        X                   
 (o-Dianisidine hydrochloride)                                                                                  
Dimethylamine                            000124-40-3                                        X                   
Dimethylamine dicamba                    002300-66-5                                        X                   
3,3'-Dimethylbenzidine dihydrochloride   000612-82-8                                        X                   
 (o-Tolidine dihydrochloride)                                                                                   
3,3'-Dimethylbenzidine dihydrofluoride   041766-75-0                                        X                   
 (o-Tolidine dihydrofluoride)                                                                                   
Dimethyl chlorothiophosphate             002524-03-0                                        X                   
Dimethyldichlorosilane                   000075-78-5                          X                                 
N,N-Dimethylformamide                    000068-12-2                                        X                   
2,6-Dimethylphenol                       000576-26-1                                        X                   
Dinitrobutyl phenol (Dinoseb)            000088-85-7                                        X             X     
Dinocap                                  039300-45-3                                        X             X     
Diphenamid                               000957-51-7                                        X                   
Diphenylamine                            000122-39-4                                        X                   
Dipotassium endothall (7-                002164-07-0                                        X                   
 Oxabicyclo(2.2.1)heptane-2,3-                                                                                  
 dicarboxylic acid, dipotassium salt)                                                                           
Dipropyl isocinchomeronate               000136-45-8                                        X                   
Disodium cyanodithioimidocarbonate       000138-93-2                                        X                   
2,4-D isopropyl ester                    000094-11-1                                        X                   
2,4-Dithiobiuret                         000541-53-7                                        X                   
Diuron                                   000330-54-1                                        X             X     
Dodine (Dodecylguanidine monoacetate)    002439-10-3                                                      X     
2,4-DP (Dichlorprop)                     000120-36-5                                        X                   
2,4-D propylene glycol butyl ether       001320-18-9                                        X                   
 ester                                                                                                          
2,4-D sodium salt                        002702-72-9                                        X                   
Ethoprop (Phosphorodithioic acid O-      013194-48-4                                        X             X     
 ethyl S,S-dipropyl ester)                                                                                      
Ethyl dipropylthiocarbamate (EPTC)       000759-94-4                                        X             X     
Famphur                                  000052-85-7                                        X             X     
Fenarimol (.alpha.-(2-Chlorophenyl)-     060168-88-9                                        X                   
 .alpha.-4-chlorophenyl)-5-                                                                                     
 pyrimidinemethanol)                                                                                            
Fenbutatin oxide (hexakis(2-methyl-2-    013356-08-6                                        X             X     
 phenylpropyl)distannoxane)                                                                                     
Fenoxaprop ethyl (2-(4-((6-Chloro-2-     066441-23-4                                        X             X     
 benzoxazolylen)oxy)phenoxy)propanoic                                                                           
 acid,ethyl ester)                                                                                              
Fenoxycarb (2-(4-                        072490-01-8                                        X                   
 Phenoxyphenoxy)ethyl]carbamic acid                                                                             
 ethyl ester)                                                                                                   
Fenpropathrin (2,2,3,3-                  039515-41-8                                        X             X     
 Tetramethylcyclopropane carboxylic                                                                             
 acid cyano(3-phenoxyphenyl)methyl                                                                              
 ester)                                                                                                         
Fenthion (O,O-Dimethyl O-[3-methyl-4-    000055-38-9                                        X             X     
 (methylthio) phenyl] ester,                                                                                    
 phosphorothioic acid)                                                                                          
Fenvalerate (4-Chloro-alpha-(1-          051630-58-1                                        X             X     
 methylethyl)benzeneacetic acid cyano(3-                                                                        
 phenoxyphenyl)methyl ester)                                                                                    
Ferbam (Tris(dimethylcarbamodithioato-   014484-64-1                                        X             X     
 S,S')iron)                                                                                                     
Fluazifop butyl (2-[4-[[5-               069806-50-4                                        X                   
 (Trifluoromethyl)-2-pyridinyl]oxy]-                                                                            
 phenoxy]propanoic acid, butyl ester)                                                                           
Fluorine                                 007782-41-4                          X                                 
Fluorouracil (5-Fluorouracil)            000051-21-8                                        X                   
Fluvalinate (N-[2-Chloro-4-              069409-94-5                                        X             X     
 (trifluoromethyl)phenyl]-DL-valine(+)-                                                                         
 cyano (3-phenoxyphenyl)methyl ester)                                                                           
Folpet                                   000133-07-3                                        X             X     
Fomesafen (5-(2-Chloro-4-                072178-02-0                                        X                   
 (trifluoromethyl)phenoxy)-N                                                                                    
 methylsulfonyl)-2-nitrobenzamide)                                                                              
alpha-Hexachlorocyclohexane              000319-84-6                                        X             X     
n-Hexane                                 000110-54-3                                        X                   
Hexazinone                               051235-04-2                                        X             X     
Hydramethylnon (Tetrahydro-5,5-di-       067485-29-4                                        X             X     
 methyl-2(1H)- pyrimidinone[3-[4-                                                                               
 (trifluoromethyl)phenyl]-1-[2-[4-                                                                              
 (trifluoromethyl) phenyl]ethenyl]-                                                                             
 2propenylidene]hydrazone)                                                                                      
Imazalil (1-[2-(2,4-Dichlorophenyl)-2-   035554-44-0                                        X                   
 (2-propenyloxy)ethyl]-1H-imidazole)                                                                            
3-Iodo-2-propynyl butylcarbamate         055406-53-6                                        X                   
Iron pentacarbonyl                       013463-40-6                          X                                 
Isodrin                                  000465-73-6                                                      X     
Isofenphos (2-[[Ethoxyl[(1-              025311-71-1                                        X             X     
 methylethyl)amino]phosphinothioyl]oxy]                                                                         
 benzoic acid 1-methylethyl ester)                                                                              
Lactofen (5-(2-Chloro-4-                 077501-63-4                                        X                   
 (trifluoromethyl)phenoxy)-2-nitro-2-                                                                           
 ethoxy-1-methyl-2-oxoethyl ester)                                                                              
Linuron                                  000330-55-2                                        X                   
Lithium carbonate                        000554-13-2                                        X                   
Malathion                                000121-75-5                                        X             X     
Mecoprop                                 000093-65-2                                        X                   
2-Mercaptobenzothiazole (MBT)            000149-30-4                                                      X     
Merphos                                  000150-50-5                                        X                   
Metham sodium (Sodium                    000137-42-8                                        X                   
 methyldithiocarbamate)                                                                                         
Methazole (2-(3,4-Dichlorophenyl)-4-     020354-26-1                                                      X     
 methyl-1,2,4-oxadiazolidine-3,5-dione)                                                                         
Methiocarb                               002032-65-7                                        X                   
Methoxone ((4-Chloro-2-methylphenoxy)    000094-74-6                                        X                   
 acetic acid) (MCPA)                                                                                            
Methoxone sodium salt ((4-Chloro-2-      003653-48-3                                        X                   
 methylphenoxy) acetate sodium salt)                                                                            
Methyl isothiocyanate                    00556-61-6                                                       X     
2-Methyllactonitrile                     000075-86-5                                        X                   
N-Methylolacrylamide                     000924-42-5                                        X                   
Methyl parathion                         000298-00-0                                        X             X     
N-Methyl-2-pyrrolidone                   000872-50-4                                        X                   
Methyltrichlorosilane                    000075-79-6                          X                                 
Metiram                                  009006-42-2                                        X                   
Metribuzin                               021087-64-5                                        X                   
Mevinphos                                007786-34-7                                                      X     
Molinate (1H-Azepine-1 carbothioic       002212-67-1                                        X                   
 acid, hexahydro-S-ethyl ester)                                                                                 
Monuron                                  000150-68-5                                                      X     
Myclobutanil (.alpha.-Butyl-.alpha.-(4-  088671-89-0                                        X                   
 chlorophenyl)-1H-1,2,4-triazole-1-                                                                             
 propanenitrile)                                                                                                
Nabam                                    000142-59-6                                        X                   
Naled                                    000300-76-5                                        X             X     
Nicotine and salts                       NA                                                 X                   
Nitrapyrin (2-Chloro-6-                  001929-82-4                                        X                   
 (trichloromethyl)pyridine)                                                                                     
Nitrate compounds (water dissociable)    NA                                                 X                   
p-Nitroaniline                           000100-01-6                                        X                   
Norflurazon (4-Chloro-5-(methylamino)-2- 027314-13-2                                        X                   
 [3-(trifluoromethyl)phenyl]-3(2H)-                                                                             
 pyridazinone)                                                                                                  
Oryzalin (4-(Dipropylamino)-3,5-         019044-88-3                                        X                   
 dinitrobenzenesulfonamide)                                                                                     
Oxydemeton methyl (S-(2-                 000301-12-2                                        X                   
 (Ethylsulfinyl)ethyl) O,O-dimethyl                                                                             
 ester phosphorothioic acid)                                                                                    
Oxydiazon (3-[2,4-Dichloro-5-(1-         019666-30-9                                        X                   
 methylethoxy)phenyl]-5-(1,1-                                                                                   
 dimethylethyl)-1,3,4-oxadiazol-2(3H)-                                                                          
 one)                                                                                                           
Oxyfluorfen                              042874-03-3                                        X             X     
Ozone                                    010028-15-6                                        X             X     
Paraquat dichloride                      001910-42-5                                        X                   
Pebulate (Butylethylcarbamothioic acid   001114-71-2                                        X                   
 S-propyl ester)                                                                                                
Pendimethalin (N-(1-Ethylpropyl)-3,4-    040487-42-1                                        X                   
 dimethyl-2,6-dinitrobenzenamine)                                                                               
Pentobarbital sodium                     000057-33-0                                        X                   
Perchloromethyl mercaptan                000594-42-3                          X                                 
Permethrin (3-(2,2-Dichloroethenyl)-2,2- 052645-53-1                                        X             X     
 dimethylcyclopropanecarboxylic acid,                                                                           
 (3-phenoxyphenyl)methyl ester)                                                                                 
Phenanthrene                             000085-01-8                                                      X     
Phenothrin (2,2-Dimethyl-3-(2-methyl-1-  026002-80-2                                        X             X     
 propenyl) cyclopropanecarboxylic acid                                                                          
 (3-phenoxyphenyl)methyl ester)                                                                                 
1,2-Phenylenediamine                     000095-54-5                                        X                   
1,3-Phenylenediamine                     000108-45-2                                        X                   
1,2-Phenylenediamine dihydrochloride     000615-28-1                                        X                   
1,4-Phenylenediamine dihydrochloride     000624-18-0                                                      X     
Phenytoin                                000057-41-0                                        X                   
Phosphine                                007803-51-2                          X                                 
Picloram                                 001918-02-1                                        X                   
Piperonyl butoxide                       000051-03-6                                                      X     
Pirimiphos methyl (O-(2-(Diethylamino)-  029232-93-7                                        X                   
 6-methyl-4- pyrimidinyl)-O,O-dimethyl                                                                          
 phosphorothioate)                                                                                              
Polychlorinated alkanes                  NA                                                 X             X     
Polycyclic aromatic compounds (PACs)     NA                                                 X                   
 consisting of:                                                                                                 
  Benz(a)anthracene                      000056-55-3                                                            
  Benzo(a)phenanthrene                   000218-01-9                                                            
  Benzo(a)pyrene                         000050-32-8                                                            
  Benzo(b)fluoranthene                   000205-99-2                                                            
  Benzo(j)fluoranthene                   000205-82-3                                                            
  Benzo(k)fluoranthene                   000207-08-9                                                            
  Benzo(rst)pentaphene                   000189-55-9                                                            
  Dibenz(a,h)acridine                    000226-36-8                                                            
  Dibenz(a,j)acridine                    000224-42-0                                                            
  Dibenzo(a,h)anthracene                 000053-70-3                                                            
  Dibenzo(a,e)fluoranthene               005385-75-1                                                            
  Dibenzo(a,e)pyrene                     000192-65-4                                                            
  Dibenzo(a,h)pyrene                     000189-64-0                                                            
  Dibenzo(a,l)pyrene                     000191-30-0                                                            
  7H-Dibenzo(c,g)carbazole               00194-59-2                                                             
  7,12-Dimethyl benz(a)anthracene        000057-97-6                                                            
  Indeno[1,2,3-cd]pyrene                 000193-39-5                                                            
  5-Methylchrysene                       003697-24-3                                                            
  1-Nitropyrene                          005522-43-0                                                            
Potassium bromate                        007758-01-2                                        X                   
Potassium dimethyldithiocarbamate        000128-03-0                                        X                   
Potassium N-methyldithiocarbamate        000137-41-7                                        X                   
Profenofos (O-(4-Bromo-2-chlorophenyl)-  041198-08-7                                        X                   
 O-ethyl-S-propyl phosphorothioate)                                                                             
Prometryn (N,N'-Bis(1-methylethyl)-6-    007287-19-6                                        X                   
 methylthio-1,3,5-triazine-2,4-diamine)                                                                         
Propachlor (2-Chloro-N-(1-methylethyl)-  001918-16-7                                        X                   
 N-phenylacetamide)                                                                                             
Propanil (N-(3,4-                        000709-98-8                                        X                   
 Dichlorophenyl)propanamide)                                                                                    
Propargite                               002312-35-8                                        X             X     
Propargyl alcohol                        000107-19-7                                        X                   
Propetamphos (3-                         031218-83-4                                        X                   
 [(Ethylamino)methoxyphosphinothioyl]ox                                                                         
 y]-2-butenoic acid, 1-methylethyl                                                                              
 ester)                                                                                                         
Propiconazole (1-[2-(2,4-                060207-90-1                                        X                   
 Dichlorophenyl)-4-propyl-1,3-dioxolan-                                                                         
 2-yl]-methyl-1H-1,2,4,-triazole)                                                                               
Quizalofop-ethyl (2-[4-[(6-Chloro-2-     076578-14-8                                        X                   
 quinoxalinyl)oxy]phenoxy] propanoic                                                                            
 acid ethyl ester)                                                                                              
Resmethrin ([5-(Phenylmethyl)-3-         010453-86-8                                        X             X     
 furanyl]methyl 2,2-dimethyl-3-(2-                                                                              
 methyl-1-                                                                                                      
 propenyl)cyclopropanecarboxylate])                                                                             
Sethoxydim (2-[1-(Ethoxyimino)butyl]-5-  074051-80-2                                        X                   
 [2-(ethylthio)propyl]-3-hydroxyl-2-                                                                            
 cyclohexen-1-one)                                                                                              
Simazine                                 000122-34-9                                        X                   
Sodium azide                             026628-22-8                                        X                   
Sodium dicamba (3,6-Dichloro-2-          001982-69-0                                        X                   
 methoxybenzoic acid, sodium salt)                                                                              
Sodium dimethyldithiocarbamate           000128-04-1                                        X                   
Sodium fluoroacetate                     000062-74-8                                        X             X     
Sodium nitrite                           007632-00-0                                        X                   
Sodium pentachlorophenate                000131-52-2                                        X             X     
Sodium o-phenylphenoxide                 000132-27-4                                        X                   
Strychnine and salts                     NA                                   X                                 
Sulfuryl fluoride (Vikane)               002699-79-8                                        X                   
Sulprofos (O-Ethyl O-[4-                 035400-43-2                                        X             X     
 (methylthio)phenyl]phosphorodithioic                                                                           
 acid S propyl ester)                                                                                           
Tebuthiuron (N-[5-(1,1-Dimethylethyl)-   034014-18-1                                        X                   
 1,3,4-thiadiazol-2-yl)- N,N'-                                                                                  
 dimethylurea)                                                                                                  
Temephos                                 003383-96-8                                        X                   
Terbacil (5-Chloro-3-(1,1-               005902-51-2                                        X                   
 dimethylethyl)-6-methyl- 2,4 (1H,3H)-                                                                          
 pyrimidinedione)                                                                                               
1,1,1,2-Tetrachloro-2-fluoroethane       000354-11-0                                        X             X     
 (HCFC-121a)                                                                                                    
1,1,2,2-Tetrachloro-1-fluoroethane       000354-14-3                                        X             X     
 (HCFC-121)                                                                                                     
Tetracycline hydrochloride               000064-75-5                                        X                   
Tetramethrin (2,2-Dimethyl-3-(2-methyl-  007696-12-0                                        X             X     
 1-propenyl) cyclopropanecarboxylic                                                                             
 acid (1,3,4,5,6,7-hexahydro-1,3-dioxo-                                                                         
 2H-isoindol-2-yl)methyl ester)                                                                                 
Thiabendazole (2-(4-Thiazolyl)-1H-       000148-79-8                                        X             X     
 benzimidazole)                                                                                                 
Thiobencarb (Carbamic acid, diethylthio- 028249-77-6                                                      X     
 , S-(p-chlorobenzyl))                                                                                          
Thiodicarb                               059669-26-0                                        X             X     
Thiophanate ethyl ([1,2-                 023564-06-9                                        X                   
 Phenylenebis(iminocarbonothioyl)]                                                                              
 biscarbamic acid diethyl ester)                                                                                
Thiophanate-methyl                       023564-05-8                                        X                   
Thiosemicarbazide                        000079-19-6                          X                                 
Triadimefon (1-(4-Chlorophenoxy)-3,3-    043121-43-3                                        X                   
 dimethyl-1-(1H-1,2,4-triazol-1-yl)-2-                                                                          
 butanone)                                                                                                      
Triallate                                002303-17-5                                        X                   
Tribenuron methyl (2-(4-Methoxy-6-       101200-48-0                                        X                   
 methyl-1,3,5-triazin-2-yl)-                                                                                    
 methylamino)carbonyl)amino)sulfonyl)-,                                                                         
 methyl ester)                                                                                                  
Tributyltin fluoride                     001983-10-4                                                      X     
Tributyltin methacrylate                 002155-70-6                                        X                   
S,S,S-Tributyltrithiophosphate (DEF)     000078-48-8                                        X             X     
Trichloroacetyl chloride                 000076-02-8                          X                                 
1,2,3-Trichloropropane                   000096-18-4                                        X                   
Triclopyr triethylammonium salt          057213-69-1                                        X                   
Triethylamine                            000121-44-8                          X                                 
Triforine (N,N'-[1,4-Piperazinediylbis-  026644-46-2                                        X                   
 2,2,2-trichloroethylidene)]                                                                                    
 bisformamide)                                                                                                  
Trimethylchlorosilane                    000075-77-4                          X                                 
2,3,5-Trimethylphenyl methylcarbamate    002655-15-4                                        X                   
Triphenyltin chloride                    000639-58-7                                        X             X     
Triphenyltin hydroxide                   000076-87-9                                        X             X     
Vinclozolin (3-(3,5-Dichlorophenyl)-5-   050471-44-8                                        X                   
 ethenyl-5-methyl-2,4-oxazolidinedione)                                                                         
----------------------------------------------------------------------------------------------------------------

    EPA is deferring final action on 40 chemicals and one chemical 
category until a later date. These chemicals and the comments received 
on them raised particularly difficult technical or policy issues which 
will require additional time to address. The Agency does not believe 
that it would be in the spirit of community right-to-know to delay 
final action on the remaining 286 chemicals and chemical categories, 
pending completion of work on the more limited group. In a future 
rulemaking, EPA will make a final determination as to whether these 
chemicals should be added to EPCRA section 313. The public comment that 
has been received specific to these deferred chemicals will be 
addressed as part of the future rulemaking discussed above. These 
chemicals follow:
    o-benzyl-p-chlorophenol
    butylate
    butylated hydroxyanisole (BHA)
    calcium hypochlorite
    caprolactam
    carbon monoxide
    cyromazine
    dichloromethylphenylsilane
    dithiopyr
    2,4-D 2-octyl ester
    flumetralin
    iprodione
    isophorone
    man made mineral fibers
    methylene bis(thiocyanate)
    nitric oxide
    nitrogen dioxide
    nine polycyclic aromatic compounds, specifically:
       carbazole
       cyclopenta(cd)pyrene
       dibenz(a,c)anthracene
       dibenz(a,j)anthracene
       2-methylchrysene
       3-methylchrysene
       4-methylchrysene
       6-methylchrysene
       2-methylfluoranthene
    phosphorus oxychloride
    phosphorus pentachloride
    phosphorus pentasulfide
    phosphorus pentoxide
    primsulfuron
    sodium chlorite
    sodium hypochlorite
    sodium 2-pyridinethiol-1-oxide
    sulfur dioxide
    sulfur trioxide
    tefluthrin
    thiabendazole, hypophosphite salt
    trichloroethylsilane
    trichlorophenylsilane
    vanadium pentoxide
    Based on an evaluation of the public comments received and a 
reanalysis of the available data cited in the proposed rule, EPA has 
determined that three chemicals, clomazone, 5-chloro-2-(2,4-
dichlorophenoxy)phenol, and tetrasodium ethylenediaminetetraacetate, 
that were proposed for listing do not have sufficient evidence of 
toxicity at this time to meet the statutory criteria of EPCRA 
section313(d)(2) and thus are not listed in this final rule. Summaries 
of responses to chemical-specific comments for these chemicals appear 
in unit IV.G. of this preamble.

IV. Summary of Public Comment

    The public comment period for the proposed rule closed April 12, 
1994. On March 9, 1994, EPA held a public meeting on the proposed 
addition of chemicals and chemical categories. Two hundred and sixty-
six comments were received, including 136 from industry, 60 from trade 
associations, 32 from environmental groups, 15 from private citizens, 3 
from Federal agencies, 7 from State agencies and 13 from other public 
interest groups, labor groups, universities, and associations. In 
addition to general comment and comment addressing a broad number of 
chemicals, EPA received specific technical comments on 110 of the 
chemicals and chemical categories. Detailed responses to all comments, 
except those comments specific to chemicals for which final action is 
being deferred, are contained in the Response to Comment Document (Ref. 
14).
    In addition to a number of comments supporting the concept of 
chemical expansion, EPA received comments in the following major areas: 
EPA's screening process used to identify potential candidates and the 
Agency's use of the Draft Hazard Assessment Guidelines (Ref. 11); the 
use of exposure in determining if a chemical meets the statutory 
criteria of EPCRA section 313; listing of categories; the addition of 
chemicals that are regulated by the Food and Drug Administration (FDA); 
the addition of chemicals that are regulated under FIFRA; duplicative 
reporting; general technical comments; and chemical-specific comments.

A. Comments on EPA's Screening Process Used to Identify Potential 
Candidates for Addition to EPCRA Section 313 and on EPA's Use of the 
Draft Hazard Assessment Guidelines

    1. Screening based on toxicity. Monsanto, Zeneca Incorporated, and 
the National Oilseed Processors Association contend that the use of 
minimum effective doses (MEDs) to screen chemicals as potential 
candidates for addition to the EPCRA section 313 list was unrealistic 
and overly broad as a screening tool. One of these commenters also 
contended that EPA based its proposed addition on toxicity screening 
only.
    EPA believes that the commenter may have misunderstood the use of 
the MED screening criteria. The MED screen is not intended, and is not 
used by EPA, as a surrogate for the actual statutory listing criteria. 
The MED was used as a screening tool during the preliminary review of 
several thousand candidate chemicals, because MED values were available 
and they are based on experimental values. MEDs are not equivalent to 
lowest-observed-adverse-effect levels (LOAELs). MEDs are generally 
derived from LOAELs from chronic toxicity studies using a log 
transformation and as such a MED is a single value based upon the best 
available study. Satisfying the MED screening criteria, however, does 
not mean that a chemical will necessarily be added to the list. In 
every case, the Agency determines that at least one of the section 
313(d)(2) criteria is met before a chemical is listed. For example, 
isoprene, 1,3-dichloropropane, and dichlorodimethylmethane passed the 
toxicity screen, but upon a more detailed review, were determined not 
to meet the criteria of EPCRA section 313(d)(2) and thus were not 
proposed for addition.
    EPA believes that MEDs are useful as a screening tool and that the 
methodology has been adequately reviewed both internal and external to 
the Agency. The MED system was first presented in a peer reviewed 
article by DeRosa, et. al (Ref. 2). The MED methodology has been used 
by EPA in programs other than EPCRA section 313. For example, the MED 
methodology is integral to the reportable quantity (RQ) scoring system 
as utilized by EPA in CERCLA section 102. The RQ scoring system scheme 
is described in several Federal Register documents (April 4, 1985, 50 
FR 13456; September 29, 1986, 51 FR 34535; and March 16, 1987, 52 FR 
8140). Further, the Superfund Amendments and Reauthorization Act of 
1986 (SARA) required EPA and the Agency for Toxic Substances and 
Disease Registry (ATSDR) to develop a list of 275 hazardous substances 
most commonly found at facilities on the National Priorities List (NPL) 
and considered to present the most significant threat to human health 
at those sites or at other facilities where releases may occur. During 
development of criteria to select the first list of 100, the RQ 
methodology (as discussed in the Draft Hazard Assessment Guidelines, 
Ref. 11) was selected as one of the evaluation tools used to develop 
the initial list, and the annual updates. When the initial list was 
published (April 17, 1987, 52 FR 12866) a summary of the methodology 
used to develop the list was provided.
    Monsanto believes that the use of an MED of 500 mg/kg/day as the 
upper limit of the ``may be sufficient'' category of the screening 
criteria required an unrealistically high dose to have been used for 
toxicity testing.
    EPA agrees that the upper bound for the medium priority category 
may warrant reconsideration. EPA will address this issue and other 
comments received on the Draft Hazard Assessment Guidelines (Ref. 11), 
when the Agency finalizes that document. However, none of the chemicals 
proposed for listing in the proposed rule had MEDs that approached this 
upper bound. Of the chemicals proposed for addition pursuant to EPCRA 
section 313(d)(2)(B), greater than 93 percent had MED values that were 
in the range for the high priority category; the remaining chemicals 
(less than 7 percent) had MEDs in the lowest fifth of the medium 
priority category range, i.e., MEDs only slightly greater than the high 
priority category range. EPA reiterates that the MED screen is not 
intended, and is not used by EPA, as a surrogate for the actual 
statutory listing criteria. Additions to EPCRA section 313 are based on 
a hazard assessment, and, where appropriate, an analysis of exposure, 
to determine whether the chemical meets one or more of the EPCRA 
section 313(d)(2) listing criteria.
    The Natural Resources Defense Council supports the health and 
environmental effects screening criteria used by EPA as a reasonable 
basis to screen chemicals as candidates for possible addition to EPCRA 
section 313.
    The Agency agrees with this commenter in its support of the use of 
the screening criteria and believes that the screening criteria provide 
a reasonable basis to make a preliminary evaluation of chemicals for 
possible addition to the EPCRA section 313 list. EPA also agrees with 
the commenter's statement that the specific screening values are 
consistent with established risk assessment procedures applied in other 
EPA programs.
    2. Screening based on production volume. Eastman Chemical Company 
states that, in addition to the use of a production volume screen, the 
Agency should consider the number of TRI Form Rs that would likely be 
submitted subsequent to listing. If the number is considered to be 
minimal (perhaps 5, 10, 15 or more reports), then EPA should balance 
the public's right-to-know with the economic burden placed on an 
industry.
    EPA adopted a production volume screen for the development of the 
proposed rule to screen out those chemicals for which no reports are 
expected to be submitted. The Agency believes that it has the 
discretion to not include such chemicals at this time. If chemicals 
that did not meet the production volume screen were listed, there would 
be an economic burden for firms that would have to determine that they 
did not exceed the reporting threshold, without providing any 
information to the public.
    While the Agency has determined to not list chemicals for which no 
reports would be submitted, EPA believes that it is appropriate to add 
chemicals to EPCRA section 313 for which even a small number of reports 
are likely to be submitted nationally. In such cases, the reporting 
facilities will still provide important information to the surrounding 
communities. Even though a particular chemical may only be 
manufactured, processed, or otherwise used at a relatively small number 
of facilities, the data provided in the TRI Form R reports by these 
facilities could represent significant information in the communities 
in which the facilities are located. The Agency believes that it would 
be inconsistent with the public's right-to-know not to list chemicals 
even if only a low number of reports is expected.
    3. Use of the Draft Hazard Assessment Guidelines. Six industry 
trade organizations and three companies contend that EPA's use of the 
Draft Hazard Assessment Guidelines (Ref. 11) was inappropriate. The 
commenters state that the use of the term ``draft guidelines'' 
indicates that the document requires additional review. Therefore, they 
believe that EPA should refrain from using the document to support this 
rulemaking.
    It is appropriate for EPA to use the Draft Hazard Assessment 
Guidelines (Ref. 11), as it did in this rule, in considering whether to 
list a chemical on the section 313 list. The Draft Hazard Assessment 
Guidelines are an embodiment of internal EPA practices that have been 
used in listing determinations that have evolved since the inception of 
the TRI program. The Draft Hazard Assessment Guidelines do not 
constitute a set of rules for adding or deleting chemicals to or from 
the list: the Draft Hazard Assessment Guidelines are an explanation of 
the process and general standards for evaluating chemicals against the 
EPCRA section 313 listing criteria. These Draft Hazard Assessment 
Guidelines notwithstanding, EPA has evaluated every chemical proposed 
for addition directly against the EPCRA section 313 statutory criteria, 
and has taken into consideration comments submitted by the public 
specific to those chemicals (responses to those chemical-specific 
comments are found in the Response to Comment Document, (Ref. 14); 
summaries of most significant chemical-specific comments are found in 
units IV.F. and IV.G. of this preamble).

B. Use of Exposure Assessments

    One of the most significant issues raised by commenters relates to 
the Agency's consideration of hazard, exposure, and risk in 
interpreting the section 313(d)(2) criteria. Specifically, a number of 
commenters believe that EPA's interpretation of the EPCRA section 
313(d)(2)(B) criterion, chronic human health effects, and the section 
313(d)(2)(C) criterion, ecological effects, has been overly 
restrictive. The commenters contend that EPA should conduct risk 
assessments and make a formal determination that a chemical poses a 
risk (i.e., a combination of exposure and hazard) before adding it to 
the EPCRA section 313 list. The commenters argue that the following 
factors support their contention: (1) The statutory criteria include an 
implicit exposure and thus risk component; (2) the legislative history 
illustrates Congress' intent that exposure considerations were to be an 
integral part of determining whether a chemical should be listed on the 
EPCRA section 313 list; and (3) EPA should consider exposure in 
conjunction with section 313(d)(2)(B), chronic human health effects, 
and for all listings pursuant to section 313(d)(2)(C), ecological 
effects, because there is precedent for the use of exposure in previous 
listing and delisting actions.
    In light of the many comments received on this issue, EPA has 
reviewed its positions in this area, and agrees with many of the 
commenters that there are limited circumstances under which it is 
appropriate for EPA to consider exposure factors for listing decisions 
under section 313(d)(2). 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 on the EPCRA 
section 313 list on hazard alone is marginal), and (3) under section 
313(d)(2)(C) for chemicals that are low or moderately ecotoxic but do 
not induce well-documented serious adverse effects as described below. 
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 (These terms, which do 
not directly correlate to the numerical screening values reflected in 
the Draft Hazard Assessment Guidelines, are defined in unit II.) 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. For chemicals which induce well-established 
serious adverse effects, e.g., chlorofluorocarbons, which cause 
stratospheric ozone depletion, EPA believes that an exposure assessment 
is unnecessary. EPA believes that these chemicals typically do not 
affect solely one or two species but rather cause changes across a 
whole ecosystem. EPA believes that these effects are sufficiently 
serious because of the scope of their impact and the well-documented 
evidence supporting the adverse effects.
    EPA, however, disagrees with those commenters who suggest that EPA 
must include a risk assessment component to EPCRA section 313 
determinations. Specifically, EPA does not agree with the commenters 
about the extent to which exposure must be considered in making 
determinations under sections 313(d)(2)(B) and (C). This is primarily 
because EPA does not agree with the commenters' understanding of EPCRA 
section 313. Risk assessment may be pertinent and appropriate for use 
under statutes that control the manufacture, use, and/or disposal of a 
chemical, such as the Clean Air Act or the Toxic Substances Control 
Act. However, EPCRA section 313 is an information collection provision 
that is fundamentally different from other environmental statutes that 
control or restrict chemical activities.
    EPCRA section 313 charges EPA with collecting and disseminating 
information on releases, among other waste management data, so that 
communities can estimate local exposure and local risks; risks which 
can be significantly different than those which would be assessed using 
generic exposure considerations. The intent of EPCRA section 313 is to 
move the determination of what risks are acceptable from EPA to the 
communities in which the releases occur. This basic local empowerment 
is a cornerstone of the right-to-know program.
    EPCRA section 313 establishes an information collection and 
dissemination program, the burden it imposes is significantly less than 
the burden imposed by a statute which controls the manufacture, use, 
and/or disposal of a chemical. EPCRA section 313 requires that a 
facility use the best available information to prepare each chemical-
specific TRI report. However, the statute does not require that the 
facility conduct monitoring or emissions measurements to determine 
these quantities. A facility must only estimate, to the best of its 
ability, the quantitative information it reports. This is in contrast 
to other environmental statutes that may require a facility to monitor 
releases, change its manufacturing process, install specific waste 
treatment technology, or dispose of wastes in a certain manner. As 
such, the Agency believes that the standard that must be met to require 
information submission under EPCRA section 313 is less than that to 
regulate a chemical under a statute such as the Clean Air Act.
    EPA believes that its position regarding the use of hazard, 
exposure, and risk in listing decisions is consistent with the purpose 
and legislative history of EPCRA section 313, as illustrated in the 
following passage from the Conference report:

    The Administrator, in determining to list a chemical under any 
of the above criteria, may, but is not required to conduct new 
studies or risk assessments or perform site-specific analyses to 
establish actual ambient concentrations or to document adverse 
effects at any particular location. (H. Rep. 99-962, 99th Cong., 2nd 
Sess., p. 295 (Oct. 3, 1986) ).

This passage indicates Congress did not intend to require EPA to 
conduct new studies, such as exposure studies, or perform risk 
assessments, and therefore did not consider these activities to be 
mandatory components of all section 313 decisions. EPA believes that 
this statement combined with the plain language of the statutory 
criteria clearly indicate that Congress intended that the decision of 
whether and how to consider exposure under EPCRA section 313(d)(2)(B) 
and (C) should be left to the Agency's discretion. EPA has carefully 
considered when and how to use exposure to fully implement the right-
to-know provisions of EPCRA. The Agency believes that in this final 
rule, EPA has appropriately used the discretion provided to it to 
assure the addition of chemicals that meet the right-to-know objectives 
of EPCRA section 313 while not unduly burdening the regulated 
community.
    EPCRA section 313 specifically requires that exposure be considered 
for listing a chemical pursuant to section 313(d)(2)(A). The statute 
mandates that EPA consider whether ``a 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.'' EPA has, and will continue to 
look at exposures reasonably likely to exist beyond facility site 
boundaries when making a listing determination pursuant to EPCRA 
section 313(d)(2)(A).
    The statute is silent on the issue of exposure considerations for 
the section 313(d)(2)(B) and (C) criteria. The language of section 313 
does not prohibit EPA from considering exposure factors when making a 
finding under either section 313(d)(2)(B) or section 313(d)(2)(C). 
However, the language of sections 313(d)(2)(B) and (C) does not require 
the type of exposure assessment and/or risk assessment argued by the 
commenters. EPA believes that it has the discretion under both section 
313(d)(2)(B) and section 313(d)(2)(C) to consider, where appropriate, 
those exposure factors that may call into question the validity of 
listing of any specific chemical on TRI. In exercising this discretion, 
EPA considers it appropriate to employ exposure considerations to a 
limited extent in making determinations under EPCRA section 
313(d)(2)(C) because this criterion requires the Agency to find a 
``significant adverse effect on the environment of sufficient 
seriousness, in the judgment of the Administrator to warrant 
reporting'' under EPCRA section 313. This language recognizes the 
possibility that under certain circumstances, a chemical that could 
theoretically cause an adverse effect on the environment is unlikely to 
cause one of a magnitude sufficient to warrant listing. Moreover, 
because of the limitation on the number of chemicals listed pursuant to 
only section 313(d)(2)(C) that may be listed, EPA believes that it is 
appropriate to use both hazard and exposure factors as prioritizing 
considerations in these listing decisions. Therefore, to meet its 
obligation under section 313(d)(2)(C), in cases where a chemical is low 
or moderately ecotoxic, EPA may look at certain exposure factors 
(including pollution controls, the volume and pattern of production, 
use, and release, environmental fate, as well as other chemical 
specific factors, and the use of estimated releases and modeling 
techniques) to determine if listing is reasonable, i.e., could the 
chemical ever be present at high enough concentrations to cause a 
significant adverse effect upon the environment to warrant listing 
under section 313(d)(2)(C). Of the chemicals being added in today's 
action pursuant to section 313(d)(2)(C), all but one are highly 
ecotoxic. These highly ecotoxic chemicals are being added to the EPCRA 
section 313 list pursuant to section 313(d)(2)(C) based on their 
hazard. The other chemical, which is moderately ecotoxic, is being 
added to the EPCRA section 313 list pursuant to section 313(d)(2)(C) 
based on both its hazard and an exposure assessment for this chemical.
    For listing determinations made pursuant to EPCRA section 
313(d)(2)(B), in instances where the hazard assessment indicates that 
the value of listing on EPCRA section 313 on hazard alone is marginal 
(i.e., a chemical is of low toxicity and unrealistic exposures would be 
necessary for it to pose a risk to communities), EPA may use exposure 
considerations in its listing decisions. Only chemicals for which the 
hazard assessments indicate moderately high to high toxicity are being 
added in today's action to the EPCRA section 313 list pursuant to 
section 313(d)(2)(B). None of these chemicals are chemicals for which 
the consideration of exposure factors would be appropriate.
    Through this rulemaking, EPA is clarifying its position regarding 
the use of hazard, exposure, and risk in listing decisions under EPCRA 
section 313. EPA will consider exposure factors when making 
determinations under section 313(d)(2)(A) (acute human toxicity). In 
addition, EPA has discretion to consider exposure factors where 
appropriate for determinations under sections 313(d)(2)(B) (chronic 
human toxicity) and (C) (environmental toxicity), and that there is a 
broader range of circumstances in which exposure will be considered 
under section 313(d)(2)(C) than under (B).
    EPA has reviewed its past listing decisions in light of this 
clarification, and believes that its prior listing determinations have 
been consistent in the consideration of exposure in 31 of the 32 
listing/delisting determinations previous to this action, including a 
number of deletions of low toxicity chemicals that Congress placed on 
the initial EPCRA section 313 list. EPA is currently reviewing the one 
exception, inorganic fluorides, to determine if additional action is 
warranted. EPA will continue to evaluate petitions according to this 
clarification and will delete chemicals that do not meet the statutory 
criteria.

C. Addition of Categories

    Six industry trade organizations, 7 companies, and the Department 
of Energy contend that section 313 does not provide EPA the statutory 
authority to list chemical categories. Some of the commenters contend 
that the intent of Congress was for EPA to review individual chemicals. 
Therefore, the commenters believe that EPA should list all chemicals 
individually. General Electric, American Iron and Steel Institute, and 
Eastman Chemical Company further contend that, based on legal precedent 
(citing AFL-CIO vs. OSHA, 965 F.2d 9262 (11th Cir. 1992)), EPA does not 
have the authority to list chemical categories or specific groups of 
chemicals.
    EPA believes that the statutory authority to add ``a chemical'' to 
the list may be reasonably interpreted to include the authority to list 
groups or categories of chemicals. Indeed, this interpretation is 
supported by the initial list of chemicals and chemical categories 
adopted by Congress in section 313(c). In that initial list, Congress 
included 20 chemical categories, mainly metal compounds, but also 
categories of organic chemicals such as chlorophenols. Nothing in 
section 313 or its legislative history indicates or even suggests that 
Congress intended to preclude EPA from adding chemical categories to 
the list where the appropriate findings can be made.
    Where, as with the categories being added in this final rule, EPA 
determines that the primary purpose of TRI--providing information to 
the community about the release of chemicals--is most appropriately 
served by listing a category of chemicals, EPA has the discretion to 
list a category rather than individual chemicals. Of course, in adding 
a category to the list, EPA must comply with the statutory criteria. 
The Agency believes it satisfies the statutory criteria to add a 
category to the list by identifying the toxic effect of concern for at 
least one member of the category and then showing why that effect may 
reasonably be expected to be caused by all other members of the 
category. A specific justification for each of the categories included 
in the final rule has been provided in the preamble of the January 12, 
1994 proposed rule, in the docket supporting this rulemaking, and in 
the Response to Comment Document (Ref. 14).
    Several commenters raised policy concerns and suggested that there 
would be regulatory difficulties associated with adding chemical 
categories. These are addressed below.
    One commenter suggested that the regulated community would face 
uncertainty in deciding which chemicals belong in the category. In this 
final rule, EPA has described the categories in sufficient detail to 
alleviate uncertainty regarding their membership. Of course, the Agency 
will work with the public and the regulated community to develop, as 
appropriate, any interpretations and guidance the Agency determines are 
necessary to facilitate accurate reporting for these categories.
    One commenter questions how to properly report a chemical which 
could be considered part of a category and which is also specifically, 
individually listed. Threshold determinations should be made for the 
individually-listed chemical rather than for the category. The current 
EPCRA section 313 list contains some individually-listed chemicals that 
also meet the definition of an EPCRA section 313 listed category. For 
example, pentachlorophenol is listed individually on EPCRA section 313 
but also meets the definition of the chlorophenol category. In these 
situations, threshold determinations should be made for the chemical as 
an individual entity rather than as a member of the category. A 
facility would not count the quantities manufactured, processed, or 
otherwise used toward threshold determinations for both the individual 
listing and the category listing, but rather only toward the individual 
chemical threshold.
    One commenter contends that categories will lead to inadvertent 
non-compliance with reporting requirements. EPA does not believe that 
this is a significant concern. Because the categories being added to 
the EPCRA section 313 list today each consist of chemicals that are 
similar chemically and in effect, EPA believes that these categories 
will not be difficult for the public or industry to understand or for 
the Agency to administer. In addition, there are already categories on 
the current list, and EPA has not experienced a significant problem of 
the sort suggested by the commenter. The Congressional objective of 
providing information is outweighed by any possible problems that some 
facilities might have with inadvertent noncompliance.
    One commenter states that the use of categories will artificially 
lower the thresholds for reporting chemicals within the category. The 
Agency believes that calculating the thresholds based on the category 
(i.e., a sum of the activities for each individual category member) is 
appropriate and not ``artificially lower.'' As described above, 
categories are placed on the EPCRA section 313 list where each of the 
members can be expected to cause similar effects because all members of 
the category have a similar functional group or exhibit a similar 
characteristic. For each of the categories added in today's rule, EPA 
believes that because each member of the category has this similar 
functional group or exhibits a similar characteristic, each member of 
the category can be reasonably anticipated to cause similar adverse 
effects. The members of the category are not randomly selected, but are 
closely related and warrant being reported as a category. These 
chemicals in aggregate can reasonably be anticipated to cause an 
aggregate impact of the adverse effect associated with each member of 
the category. Thus, it is appropriate to apply the reporting thresholds 
to the category regardless of whether the threshold amount is 
attributable to one member of the category or to individual members in 
aggregate.
    One commenter believes that listing broad categories where the 
individual members have diverse properties and cause diverse effects 
does not constitute ``good science.'' The Agency agrees that a category 
must be rationally constructed both in terms of similarity in the 
properties of the individual members and in terms of their effects. 
There is, of course, no requirement that the properties across category 
members be absolutely identical. EPA agrees that the members of a 
category be reasonably expected to elicit the same type of effect or 
related effects in order for a category to satisfy the statutory 
listing criteria. Furthermore, EPA agrees that determinations to list a 
category, as with listing an individual chemical are to be based on 
``good science.'' EPA has applied these principles to the categories 
being added in the final rule.

D. Policy Issues

    There are several policy issues which were consistently raised in 
comments on specific chemicals and general comment on the entire 
proposed rule. For purposes of this final rule, EPA addresses these 
issues in this unit of the preamble and not in unit IV.F. of the 
preamble in the responses to chemical-specific comments. Detailed 
responses to comments on specific individual chemicals are available in 
the Response to Comments Document (Ref. 14).
    1. The addition of chemicals that may be released in small 
quantities. Many commenters object to the addition of many of the 
chemicals to the EPCRA section 313 list because they do not believe 
that there will be significant releases of these chemicals. Therefore, 
they contend there will not be significant exposure to these chemicals 
and the associated risks will be low.
    EPA believes that the chemicals added today meet the EPCRA section 
313(d)(2) criteria and should be included on the EPCRA section 313 
list. The quantity of a chemical released is not part of the statutory 
criteria. The purpose of EPCRA section 313 is to collect data on the 
quantity released so that local communities can make their own 
determinations about exposure.
    Congress intended EPCRA section 313 to address the lack of 
information on toxic chemicals in communities by providing information 
on releases of toxic chemicals. The public can then use this release 
information with site-specific information and the appropriate 
attributes of a chemical to evaluate exposure. EPA considers it 
inappropriate under the right-to-know program to supplant the public's 
power to make risk determinations on a community level by the Agency's 
use of specified levels of potential releases, exposure, or risk as 
screening criteria to exclude chemicals from the EPCRA section 313 
list. By listing chemicals that present a hazard and providing TRI data 
on these chemicals to the public, EPA allows the public to make the 
determination as to whether there is a risk in their community. 
Furthermore, any exposure assessment conducted by EPA would be 
conducted from a national perspective and may not truly represent the 
risks to a specific community. (For a more detailed discussion on the 
Agency's use of exposure see Unit IV.B. of this preamble).
    2. The addition of chemicals that are regulated by FDA. Eli Lily 
and Company, National Agricultural Chemical Association, Pharmeceutical 
Manufacturers Association, and Hoffman-La Roche state that chemicals 
which are regulated by the FDA should not be added to EPCRA section 
313. The commenters argue that the FDA approves a drug only after 
extensive testing and a determination that the benefits to the patients 
outweigh the risks. The commenters further state that access to these 
drugs is controlled because they can only be obtained through a medical 
doctor.
    EPA agrees that the drug testing and approval process conducted by 
the FDA is extensive and necessary to protect the public health and 
well-being. However, as discussed above, the purpose of listing these 
chemicals under EPCRA section 313 is to provide information on the 
release, transfer, and waste management activities occurring in the 
community. This is a different function that addresses different issues 
than those addressed by FDA. Furthermore, while the main use of these 
chemicals is pharmaceutical in nature, that does not mean that they are 
not a hazard in other contexts. EPA agrees that in controlled 
situations (e.g., a doctor's prescription) ingestion of a drug is 
likely to have certain intended benefits. However, outside of this 
controlled situation, any adverse effects are not balanced by the 
benefits received from the use of the drug. Further, EPCRA section 313 
will collect information on the release and disposal of these 
chemicals, which is not covered by the regulation of the use of a 
chemical as a drug.
    3. Chemicals regulated under FIFRA. Several commenters do not 
support the addition of chemicals regulated under FIFRA to the EPCRA 
section 313 list of toxic chemicals because, they contend, the major 
route of exposure, agricultural field use, has been addressed through 
FIFRA regulation which establishes safety factors and use directions 
allowing for safe use. They further contend that the use of these 
chemicals has been determined not to present an unreasonable risk and 
therefore, listing pesticides under EPCRA section 313 is unnecessary.
    FIFRA regulations require that the Agency determine that pesticidal 
uses of a chemical do not cause ``unreasonable adverse effects on the 
environment'' which is defined in FIFRA section 2(bb) as ``any 
unreasonable risk to man or the environment taking into account the 
economic, social, and environmental costs and benefits of the use of 
pesticides'' (7 U.S.C. section 136(bb)). FIFRA is a regulatory statute, 
and the impacts of regulation can be immediate and direct (e.g., 
banning of a chemical), and as such EPA examines not only the hazards 
presented by the chemical, but also the specific exposure scenarios, 
and weighs the risks against the benefits of the chemical. The 
``unreasonable adverse effects'' determination under FIFRA is specific 
to the intentional use of the chemical as a pesticide and does not 
address other uses or releases of the chemical that may result from 
manufacture, processing, or other use. Furthermore, a determination 
under FIFRA that the use of a chemical will not result in an 
``unreasonable adverse effect'' is not a determination that the 
chemical is not hazardous or that the use of the chemical is without 
risk. Finally, EPCRA section 313 was not enacted to serve the same 
purpose as FIFRA. Listing on EPCRA section 313 provides communities 
with some of the information required to determine what risks may 
result from the manufacture, processing and non-pesticidal use of a 
chemical, information not generally provided through FIFRA.
    4. Duplicative reporting. Many commenters believe that listing some 
of the chemicals proposed will result in duplicative regulation that 
will be unduly burdensome and of little benefit. One other commenter, 
Westinghouse Electric Corporation, states that EPA should utilize 
existing sources of information to avoid duplicative reporting.
    Congress did not intend that the chemicals listed under EPCRA 
section 313 be limited to those that are not regulated under other 
environmental statutes and for which no information is collected 
pursuant to other requirements. The initial list of chemicals that 
Congress included in section 313 consisted of substances regulated 
under RCRA, CWA, SDWA, CERCLA, FIFRA, and CAA. Further, as 
Representative Edgar stated in the House of Representatives debate on 
the Conference bill:

    With respect to the contents of the toxic release form, 
estimates of releases into each environmental medium must be 
provided. This shall include any releases into the air, water, and 
land, as well as releases from waste treatment and storage 
facilities. This shall include all releases of toxic chemicals into 
surface waters whether or not such releases are pursuant to the 
Clean Water Act permits. (132 Cong. Rec. H9561, October 8, 1986)

    EPA believes that the chemicals being added today meet the toxicity 
criteria of EPCRA section 313(d)(2) and, therefore, should be added to 
the EPCRA section 313 list. EPA further believes that the EPCRA section 
313 requirements do not duplicate other regulatory program 
requirements. EPCRA was not enacted to serve the same purpose as other 
regulatory programs but to collect and disseminate information to the 
public. Nor is EPCRA section 313 intended to regulate how a chemical 
may be used, the amount of chemical a facility manufactures, processes, 
otherwise uses, and releases, what media the chemical is released to, 
or how the chemical is disposed. Therefore, TRI, as an information 
collection and dissemination program, is not designed to directly 
impose controls for the protection of human health or the environment 
in the same manner as other regulatory programs. The benefit of TRI is 
that it empowers the public, through access to release, transfer, and 
waste management data on toxic chemicals, to make determinations about 
risks in their communities based on TRI data, site-specific 
information, and the properties of the chemicals.

E. General Technical Comments

    1. Maternal toxicity. A number of commenters argued that for 
certain chemicals in animal tests, the only evidence for developmental 
toxicity occurred at maternally toxic doses (that is, doses that were 
high enough to induce toxicity in the mother), and, therefore, 
developmental toxicity cannot be used as a basis for listing these 
chemicals under EPCRA section 313. EPA disagrees that fetal effects 
only in the presence of maternal toxicity demonstrate that a given 
substance does not present a developmental hazard. Although the 
developmental effects may have been seen in the presence of reversible 
maternal effects, the developmental effects may be more permanent and 
cannot be treated as only secondary to reversible maternal toxicity. 
With regard to adverse effects in the presence of maternal toxicity, 
EPA believes that developmental effects at maternal toxicity are ``. . 
.toxic manifestations and as such are generally considered a reasonable 
basis for Agency regulation and/or risk assessment'' (Ref 6). This 
approach has particular relevance in situations where reversible 
maternal toxicity may occur in the presence of irreversible adverse 
fetal effects. The Agency does not distinguish between fetal effects 
observed in the presence of maternal toxicity or those observed without 
concomitant maternal toxicity. Both maternal and fetal toxicity are of 
concern to the Agency, and are within the criteria of EPCRA section 
313(d)(2). Thus, EPA will use the effect, maternal or fetal, which is 
most sensitive to set LOAELs and no-observed-adverse-effect levels 
(NOAELs). If both occur at the same level, the LOAELs and NOAELs for 
both are the same. When the LOAEL is the same for the adult and 
developing organisms, it may simply indicate that both are sensitive to 
that dose level, rather than that the developmental effects result only 
from maternal toxicity. Moreover, whether developmental effects are 
secondary to maternal toxicity or not, the maternal effects may be 
reversible while effects on offspring may be permanent. There are 
several agents known to produce adverse developmental effects at 
minimally toxic doses in adult humans (e.g., tobacco smoking, alcohol, 
isotretinoin).
    2. Use of IRIS and other secondary sources. Several commenters 
object to EPA's use of the Agency's Integrated Risk Information System 
(IRIS) data base, the Agency's Office of Pesticide Programs' 1988 TOX-
One-Liners data base, Registry of Toxic Effects of Chemical Substances 
(RTECS) data base, and the Aquatic Information Retrieval (AQUIRE) data 
base. The commenters contend that in relying on these sources the 
Agency ignores other pertinent data that may be in its possession. They 
contend that EPA should have examined the primary sources, rather than 
relying on data bases which are summaries of studies. Specifically, 
some commenters claim that there are many studies in EPA's possession, 
but not included in the 1988 TOX-One-Liner data base, that appear not 
to have been considered in the review process, because they have not 
yet been reviewed by EPA's Office of Pesticide Programs. The commenters 
contend that reliance on IRIS or the 1988 TOX-One-Liner data base does 
not constitute a detailed analysis and careful examination of the 
available data on a chemical.
    EPA disagrees with the commenters. EPA's use of the Agency's IRIS 
data base for EPCRA section 313 purposes does constitute a hazard 
evaluation. That data base generally provides information against which 
EPA can evaluate the section 313(d)(2) criteria. The information 
contained in the IRIS data base represents the Agency's weight-of-
evidence hazard assessment for chemicals contained in the data base. 
The information was developed after the Agency's thorough scientific 
review of the available data. Therefore, by relying on information in 
the IRIS data base in the review of chemicals for listing on EPCRA 
section 313, EPA made statutory determinations based on hazard 
assessments conducted by the Agency.
    Although the 1988 TOX-One-Liners were used as part of the Agency's 
evaluation of the toxicity of a candidate chemical, a number of other 
sources were also used. These include decision documents from a number 
of Agency and EPA internal peer review groups, deliberations of the 
FIFRA Scientific Advisory Panel, and reference to data evaluation 
records for studies used in support of listing. Therefore, evaluations 
of the toxicity of individual chemicals has been made on the entire 
data base and did not rely only on the 1988 TOX-One-Liners data base. 
Furthermore, inclusion of all of the detailed studies in the docket was 
not possible, because of the proprietary nature of some of the 
information. However, in cases where relevant information was used in 
support of the listing decision, but was not included in the 1988 TOX 
One-Liners data base (which is the most recent sanitized version of the 
data base), sanitized versions of the additional sources were included 
in the docket. In those cases where only the 1988 TOX-One-Liners data 
base or other similar sources were cited, no additional data not 
described in the 1988 TOX-One-Liners, RTECS, or the AQUIRE data bases 
was considered to be relevant to this listing. For a few chemicals it 
has become apparent based on comments received that EPA's analysis did 
not include studies which are in EPA's possession but which EPA has not 
reviewed. The Agency is deferring the final action on these chemicals 
until such studies can be reviewed.
    3. Testing at toxic doses. A number of commenters stated that 
pesticides which are registered under FIFRA should not be listed under 
EPCRA section 313 because the testing conducted to obtain a pesticide 
registration under the FIFRA review process requires testing at dose 
levels ``virtually guaranteed to produce a toxicological effect.''
    It is not EPA's position that chemicals registered as pesticides 
under FIFRA should be precluded from listing simply because these 
chemicals were tested at doses which are designed to produce toxic 
effects. The commenters are correct that the FIFRA standard study 
design attempts to set the doses at levels which bracket the minimal 
toxic dose, and, therefore, the high dose(s) by design produces an 
effect. The purpose of this study design under FIFRA is to determine 
the potential for toxicity of the chemical, whether the responses are 
dose-related and, depending on the effects produced, the degree of 
toxicity. Because virtually any chemical substance can elicit a 
toxicological response at some dose level, the mere presence of the 
toxic response is not used in isolation in listing decisions under 
EPCRA section 313. Rather, it is the relative severity of the effect, 
the presence of a dose/response relationship, and whether the effect is 
manifested at relatively low doses which are considered in determining 
the hazard of the chemical, and in making listing determinations under 
EPCRA section 313.
    4. Precursor chemicals. CRF AG Products Company, Monsanto, FMC 
Corporation, Eastman Chemical Company, and the Chemical Manufacturers 
Association question EPA's authority to list precursor chemicals (i.e., 
a chemical that reacts in vivo or in the environment to generate 
another chemical that produces the toxic effect supporting the listing) 
on the EPCRA section 313 list. The commenters believe that a chemical 
should only be added to the list based on the toxicity of the chemical 
itself. Further they contend that nowhere in the legislative history is 
there any indication that post-release transformation products, 
degradation products, or products of chemical reactions are legitimate 
bases for adding chemicals to the EPCRA section 313 list.
    The EPCRA section 313(d)(2) listing criteria each state that EPA 
may list a chemical that it determines ``causes or may reasonably be 
anticipated to cause'' the relevant adverse human health or 
environmental effects. EPA believes that this language allows EPA to 
consider the effects caused by the degradation products of a listed 
chemical. Where it may reasonably be anticipated, based on available 
data, that the listed chemical would readily degrade into another 
chemical that would cause the adverse effect, EPA is acting reasonably 
and within its grant of authority in listing the precursor to the toxic 
degradation product.
    Furthermore, one could also view the effects caused by the 
degradation product as effects indirectly caused by the listed 
chemical. EPA believes it is within its authority to consider both the 
direct and indirect adverse human health and environmental effects of a 
chemical in making a listing determination. Based on the statutory 
language and legislative history, EPA interprets EPCRA section 
313(d)(2) to include toxic effects indirectly caused by a listed 
chemical. The statute and the legislative history do not specifically 
preclude EPA from considering indirect effects in deciding whether a 
chemical meets the toxicity criteria under section 313. In the absence 
of specific congressional intent on the issue, it is reasonable for EPA 
to consider indirect effects in light of the broad statutory purpose to 
inform the public about releases of toxic chemicals to the environment. 
Were EPA to exclude indirect effects from consideration it would ill-
serve the purpose of the statute by precluding public access to 
information about chemicals that, albeit, indirectly cause a wide range 
of adverse health and environmental effects.
    There is precedent for the Agency to consider the ``indirect'' 
toxicity of a chemical being considered for listing. Indirect toxicity 
was the basis for the granting of two petitions, one to add seven 
chlorofluorocarbons and halons (August 30, 1990, 55 FR 31594) and a 
second to add hydrochlorofluorocarbons to the EPCRA section 313 list 
(December 1, 1993, 58 FR 64936). EPA also used indirect toxicity in 
support of its denial of petitions to delete certain volatile organic 
chemicals from the section 313 list, specifically, the ethylene and 
propylene petition (January 27, 1989, 54 FR 4072) and the cyclohexane 
petition (March 15, 1989, 54 FR 10668).
    5. Use of studies conducted by routes other than oral, inhalation, 
or dermal. Several commenters maintain that intraperitoneal, 
intravenous, or subcutaneous injection (injection into the abdomen, a 
vein, or under the skin, respectively) has minimal relevance for 
evaluating potential human exposure from industrial situations and 
should not be used to support an EPCRA section 313 listing decision. 
One commenter contends that, if considered at all, intraperitoneal 
injection is a form of exposure that should be considered in 
establishing a section 313(d)(2)(A) finding of acute effects, not a 
section 313(d)(2)(B) finding of chronic effects.
    EPA disagrees with the commenters. In making section 313 listing 
decisions, the Agency cannot ignore the possible significance of any 
existing data, including data from intraperitoneal, intravenous, or 
subcutaneous injection studies. Although it is preferable to have 
toxicity data from the common routes of human exposure, EPA believes 
that for hazard assessment under EPCRA section 313, the Agency should 
use all available information to identify the hazard associated with a 
chemical. This comment relates to five chemicals (bromacil lithium 
salt, fluorouracil, pentobarbital sodium, tetracycline hydrochloride, 
and sodium nitrite) that are being added to the section 313 list today. 
For three of these chemicals, bromacil lithium salt, fluorouracil, and 
sodium nitrite, any data from intraperitoneal or other injection routes 
of exposure are supplemented by data from other, non-injection exposure 
routes. For example, in addition to chronic dog and rat injection 
studies to support the chronic hematological concerns of sodium 
nitrite, there are human oral data. For bromacil lithium salt, 
intraperitoneal injection studies in rats are supplemented by gavage 
studies in mice to support the developmental concerns for this 
chemical. In addition to the developmental effects observed in the 
offspring of women receiving fluorouracil intravenously, developmental 
abnormalities in mice, rats and hamsters receiving fluorouracil orally 
were used to support the developmental toxicity finding. For both 
pentobarbital sodium and tetracycline hydrochloride, the studies cited 
in the proposed rule in support of the developmental effects of these 
chemicals are either studies in which the chemical was administered via 
injection or studies in which the chemical was administered via another 
route. However, because both of these chemicals are commonly 
administered orally, and are efficacious by this route (orally), there 
is reason to extrapolate the effects observed in injection studies to 
effects by other routes. The proposed rule and the Response to Comment 
Document (Ref. 14) contain information on EPA's review of these 
chemicals, including the toxicity evaluation. This background 
information will not be repeated here in the final rule. Based on EPA's 
reanalysis of the available information in the proposed rule for these 
five chemicals, EPA has sufficient evidence to determine that bromacil 
lithium salt, fluorouracil, pentobarbital sodium, tetracycline 
hydrochloride, and sodium nitrite have sufficient evidence to meet the 
statutory listing criteria under EPCRA section 313(d)(2)(B).
    6. Use of acute studies to support a chronic finding. Several 
commenters object to the use of data from acute studies to support a 
finding of chronic toxicity. The commenters contend that there is no 
correlation between transient acute impact and chronic toxicity that is 
appropriate to industrial chemicals as a whole. The commenters contend 
that, if a chemical exhibits transient acute but not chronic effects, 
it should not be listed based on chronic toxicity, unless additional 
data on chronic effects are also used in the determination to list the 
chemical.
    EPA agrees with the commenter that if a chemical exhibits acute 
toxic effects, it should be listed based on acute effects unless 
additional data on adverse effects after long-term exposure are 
available. This comment relates to three of the chemicals (bromine, 2-
bromo-2-nitropropane-1,3-diol, and sodium nitrite) that are being added 
to the section 313 list today. For these chemicals, any data from acute 
studies are supplemented by chronic toxicity information. In chronic 
toxicity studies, bromine produced upper respiratory irritation and 
neurological symptoms. In chronic toxicity studies, 2-bromo-2-
nitropropane-1,3-diol produced various effects including lesions of the 
stomach mucosa, ulceration, raised areas and excrescences, 
inflammation, epithelial hyperplasia and hyperkeratosis, and congested 
vessels of the mucosa of the gastrointestinal (G.I.) tract. Sodium 
nitrite induced, in a chronic study in mice, reduced motor activity and 
major electroencephalogram (EEG) changes in treated animals. The 
proposed rule and the Response to Comment Document (Ref. 14) contain 
information on EPA's review of these chemicals, including the toxicity 
evaluation. This background information will not be repeated here in 
the final rule. A summary of the response to comments for these 
chemicals is provided in Unit IV.F. of this preamble.
    7. Use of cholinesterase inhibition as a measure of neurotoxicity. 
Several commenters expressed concern that the Agency has used a 
chemical's effect of inhibiting plasma, red blood cell (RBC) or brain 
cholinesterase activity as a basis for listing chemicals on the EPCRA 
section 313 list. These commenters feel that this effect is not an 
adequate indicator of neurotoxicity.
    The Agency believes that inhibition of plasma, RBC, or brain 
cholinesterase activity is an appropriate indicator to assess the 
toxicity of potential neurotoxicants (Ref. 7). In order for the normal 
activity of the nervous system to be altered by a toxic chemical, the 
chemical must enter the body, reach the tissue target site(s), and be 
maintained at a sufficient concentration for a period of time in order 
for an adverse effect to occur. Biochemical changes precede the more 
overt, physiological changes associated with neurotoxicity, and are 
more easily detectable. Acetylcholinesterase (AChE) is the enzyme that 
inactivates or terminates the effect of the neurotransmitter 
(acetylcholine) on its target. When this enzyme is inhibited, 
acetylcholine is built up in the body, and may result in loss of 
appetite, anxiety, muscle twitching, paralysis, or other neurotoxic 
effects. Thus, one can assess the signs and symptoms of systemic 
poisoning by many neurotoxins from their biochemical mechanism of 
action, such as the inhibition of AChE. Because of the severity of 
these effects, EPA takes a cautious approach by using a measure of 
cholinesterase activity as an indicator of neurotoxicity.
    The comments concerning cholinesterase inhibition relate to six of 
the chemicals that are being added to the section 313 list today. The 
proposed rule and the Response to Comment Document (Ref. 14) contain 
information on EPA's review of these chemicals, including the toxicity 
evaluation. This background information will not be repeated here. 
Based on comments received and EPA's reanalysis of the available 
information in the proposed rule for these six chemicals, EPA has 
sufficient evidence to determine that acephate, cycloate, diazinon, 
ethyl dipropylthiocarbamate, pirimphos methyl, and profenofos meet the 
statutory listing criteria under EPCRA section 313(d)(2)(B) based on 
available neurotoxicity data for these chemicals.
    8. Use of certain studies for hazard assessment. Several commenters 
argue that EPA should not use studies in support of listing a chemical 
on the EPCRA section 313 list, if these studies have been determined to 
be insufficient for use in risk assessments under FIFRA or TSCA. For 
example, the commenters point to studies EPA considered in this 
rulemaking in conducting hazard assessments even though the studies 
when submitted for use under FIFRA or TSCA were determined by EPA to be 
of ``low confidence.'' EPA believes its use of these studies for 
section 313 purposes is appropriate. The ``low confidence'' 
determination under FIFRA or TSCA applies to the use of the studies for 
purposes of risk assessment associated with regulations that impose 
controls. The data base for a chemical may be rated low confidence 
because of shortcomings such as lack of experimental detail. Although 
these studies may be of limited value for purposes of risk assessment 
in support of regulatory controls, when considered together, they 
present a sufficient weight-of-evidence as to the hazard associated 
with the chemical. As additions to EPCRA section 313 made pursuant to 
EPCRA section 313(d)(2)(B) are not based on the kind of risk assessment 
needed for regulatory controls, EPA believes that such studies can be 
used to support listing.
    9. Docket was incomplete for certain chemicals. Several commenters 
contend that the docket information supporting the listing of certain 
chemicals is incomplete. Other commenters contend that, overall, the 
docket is too general and limited. Responses to comments about the 
evidence provided in the docket for specific chemicals are provided in 
the Response to Comment Document (Ref. 14).
    In the public docket supporting this rulemaking, EPA included 
copies of EPA's support documents (Refs. 9, 12, and 13) for the 
proposed rule and copies of the main references cited in those 
documents. The primary references that are cited in these main 
reference documents were not themselves included. However, these 
reference documents are published material, readily accessible, and are 
in the public domain. EPA believes that the docket material for both 
the proposed and final rules contains the appropriate information to 
support the addition of these chemicals to the EPCRA section 313 list 
and to have provided the public an adequate basis on which to comment 
on the proposed rule.

F. Chemical-Specific Comments for Chemicals that Are Being Finalized in 
Today's Action

    The Agency received comments on 110 of the 313 specific chemicals 
included in the proposed rule. This unit of the preamble summarizes the 
most significant of those comments and the Agency's responses. More 
detailed responses are included in the Response to Comment Document 
(Ref. 14). Neither this unit of the preamble nor the Response to 
Comment Document addresses comments specific to chemicals that have 
been deferred for final action. These comments will be addressed in a 
separate rulemaking specific to those chemicals.
    1. Abamectin. One commenter, Merck, states that primates are less 
sensitive to the acute effects of abamectin and its analog, ivermectin, 
than rodents. The commenter implies that because humans are primates, 
abamectin should be less toxic in humans than in rodents. The commenter 
further contends that ivermectin and abamectin have been used safely in 
animals and humans.
    Abamectin interferes with gamma-aminobutyric acid (GABA) 
transmission and, as such, produces neurotoxic clinical signs such as 
tremors, ataxia, convulsions, or coma that are more severe in rodents 
and dogs than primates. EPA agrees that the available studies indicate 
that the sensitivity as well as doses required to produce neurotoxic 
effects vary from rodents to primates by a 20-fold factor. However, 
abamectin was proposed for addition to the EPCRA section 313 list based 
on developmental effects rather than neurotoxicity. There are no 
developmental studies with abamectin in primates. Therefore, EPA 
believes that the rodent studies cited in the proposed rule provide 
sufficient evidence that abamectin can reasonably be anticipated to 
cause developmental toxicity in humans.
    When administered in therapeutic doses, the Agency does not dispute 
the animal and human safety and efficacy of ivermectin and abamectin, 
but the safety of a 0.2 to 0.3 mg/kg single therapeutic dose does not 
diminish the findings of the developmental, reproductive, neurotoxic, 
chronic, and carcinogenic animal studies with abamectin which in some 
cases demonstrate serious compound-related effects at higher than 
therapeutic doses in all species tested.
    The same commenter states that although the aquatic toxicity data 
cited for the proposed listing of abamectin under EPCRA section 313 are 
accurate and valid, it may be inappropriate to list abamectin under 
EPCRA section 313 based on the environmental fate of this chemical, 
because of environmental fate factors which were not presented by EPA 
in the proposed rule.
    EPA agrees with the commenter that the aquatic toxicity values 
presented in the proposed rule are accurate and valid. EPA disagrees 
that the environmental fate of abamectin will negate the chemical's 
ecological toxicity. EPA believes that the environmental fate factors 
presented by the commenter may reduce, but do not eliminate, the 
potential for adverse effects on aquatic organisms because the chemical 
is extremely acutely toxic to aquatic organisms.
    EPA reaffirms that there is sufficient evidence for listing 
abamectin on the EPCRA section 313 list pursuant to EPCRA section 
313(d)(2)(B) based on the available developmental toxicity data and 
pursuant to EPCRA section 313(d)(2)(C) based on the available 
ecotoxicity data. Therefore, EPA is finalizing the addition of 
abamectin on the EPCRA section 313 list.
    2. Alachlor. Monsanto states that at the highest dose tested in the 
chronic mouse study cited in the proposed rule, EPA concluded there was 
an increase in lung tumors in females. Monsanto believes that other 
regulatory agencies have disagreed with this conclusion. The commenter 
contends that these tumors occur spontaneously in mice with a fairly 
high and variable frequency and a possible slight increase in a common 
rodent tumor at the highest dose tested does not represent a risk to 
humans receiving, at most, trace level exposure.
    The Agency has concluded that there was statistically significant 
increase (the increase was greater than that which would be expected to 
occur spontaneously) in lung tumors in female CD-1 mice at 2 dose 
levels which were relevant to potential carcinogenicity to humans. The 
commenter provides no specifics to support its contention that ``other 
regulatory agencies have disagreed with this conclusion'' nor is the 
Agency aware of any.
    The commenter further states that the Support Document for the 
Health and Ecological Toxicity Review of TRI Expansion Chemicals (Ref. 
13) also incorrectly listed the dose levels (``[greater than] 42 mg/kg/
day'') producing tumors in rats in the 2-year rat feeding study cited 
in the proposed rule. The commenter argues that significant increases 
in thyroid and stomach tumors were observed only at 126 mg/kg/day, the 
highest dose tested; this dose level also produced severe, excessive 
toxicity. Thus, the commenter concludes that the dose-response curves 
for the stomach and thyroid tumors are exceptionally steep, with 
increased incidences observed only at a dose which exceeded the Maximum 
Tolerated Dose (MTD).
    EPA believes that the Support Document for the Health and 
Ecological Toxicity Review of TRI Expansion Chemicals (Ref. 13) 
correctly states the toxic dose levels in the 2-year rat feeding study 
as being greater than or equal to 42 mg/kg/day. In this study, nasal 
tumors were significantly increased at 42 mg/kg/day and above and the 
stomach and thyroid follicular cell tumors at 126 mg/kg/day. The Agency 
agrees that the 126 mg/kg/day dose level probably exceeded the MTD; 
however, upon reconsideration of the carcinogenicity data, the Agency 
determined that the MTD is between 42 mg/kg/day and 126 mg/kg/day. 
Although the MTD was exceeded by the highest dose (126 mg/kg/day), 
significant effects were seen at 42 mg/kg/day, which does not exceed 
the MTD. Therefore, EPA believes that the 2-year chronic dog study 
cited in the proposed rule is a valid measure of the oncogenic 
potential of alachlor.
    The commenter cites a chronic rat feeding study, not cited by EPA 
in the proposed rule, in which 5 to 6 months of alachlor administration 
followed by 19 months on control diet did not produce a significant 
increase in stomach or thyroid tumors in rats. The commenter believes 
that this information is consistent with the results of a study, not 
cited by EPA in the proposed rule, in which a close structural 
chloroacetanilide analog of alachlor has been shown to be a promoter 
but not an initiator of stomach tumors. The commenter did not further 
identify this study.
    Although in the chronic rat feeding study referred to by Monsanto, 
the specific group which received alachlor in the diet for 5 to 6 
months in this study, and then control diet as a recovery period did 
not develop stomach or thyroid tumors, the other groups on study which 
continued to receive alachlor in the diet developed both stomach and 
thyroid tumors as well as nasal turbinate tumors. Therefore, the 
failure to develop stomach tumors after 5 to 6 months treatment 
reflects the time frame required for tumor development rather than 
indicating a lack of carcinogenic response.
    The commenter also discusses the mechanism of carcinogenicity for 
alachlor. The commenter states that the mechanism is nongenotoxic and 
hormonally mediated. The commenter argues that the mechanism exhibits a 
threshold and that nasal turbinate tumors in particular are not 
relevant to humans.
    The Agency acknowledges the mechanism of carcinogenicity may be 
hormonally mediated. However, the mechanism does not alter the fact 
that the tumors are relevant to potential carcinogenesis in man. 
Mechanism of tumor development relates to the appropriate model by 
which cancer risk is calculated. However, mechanism has no impact on 
the determination of carcinogenicity hazard. In determining cancer 
classification, EPA does not assume that the specific types of tumors 
seen in animals will develop in humans. However, EPA believes that the 
development of tumors, such as nasal turbinates, in animals 
demonstrates the potential for tumor development in humans.
    The same commenter states that two epidemiology studies, not cited 
by EPA in the proposed rule, have been conducted on alachlor 
manufacturing workers. The commenter contends that neither study 
indicates an increase in tumors in humans due to exposure to alachlor. 
The commenter believes that these studies provide important additional 
evidence indicating that the tumors produced in rats by alachlor are 
not produced in humans and should have been considered by the Agency.
    Epidemiological studies are used by the Agency in the overall 
evaluation of the carcinogenic potential of a chemical, along with 
other evidence. However, the studies cited by the commenter are based 
on a small sample size. Studies of this type cannot verify the levels 
and duration of exposure and represent results from a heterogeneous 
population. In addition, one of the two studies apparently only focused 
on tumors resulting in death of the study subjects and may reflect an 
under estimation of tumor incidence. Therefore, in the face of evidence 
of carcinogenicity in two adequately performed bioassays in two 
species, the epidemiology data, although pertinent, do not negate the 
importance of the animal data in the studies relied upon in the 
proposed rule.
    EPA reaffirms that there is sufficient evidence for listing 
alachlor on the EPCRA section 313 list pursuant to EPCRA section 
313(d)(2)(B) based on the available carcinogenicity data for this 
chemical. Therefore, EPA is finalizing the addition of alachlor on the 
EPCRA section 313 list.
    3. Ametryn. Ciba-Geigy Corporation objects to listing ametryn under 
EPCRA section 313 on the basis of liver effects, stating that 
hepatotoxicity was observed only at high dose levels (100 and 500 mg/
kg/day) in subchronic studies.
     The Agency believes that the LOEL of 100 mg/kg/day is sufficiently 
low given the seriousness of the effect (hepatic toxicity) to justify 
listing on the EPCRA section 313 list. Thus, EPA reaffirms that there 
is sufficient evidence for listing ametryn on the EPCRA section 313 
list pursuant to EPCRA section 313(d)(2)(B) based on the available 
hepatotoxicity data for this chemical, and pursuant to EPCRA section 
313(d)(2)(C) based on the available environmental toxicity data. 
Therefore, EPA is finalizing the addition of ametryn on the EPCRA 
section 313 list.
    4. Amitraz. Nor-Am Chemical Company states that in the 2-year 
beagle dog feeding study cited in the proposed rule, contrary to EPA's 
conclusions, the only effects seen in the high dose (1.0 mg/kg/day) 
group were a small but insignificant increase in blood glucose and in 
one animal slight hypothermia during weeks 52 and 79.
    EPA disagrees with the commenter. EPA has re-evaluated this study, 
and determined that in this study amitraz induced significant changes 
in blood chemistry (increased blood glucose). Hypothermia occurred not 
only at the times noted by the commenter, but also on days 1 and 2, and 
in one dog 3 hours after dosing, which returned to normal within 24 
hours, at the 1.0 mg/kg/day level, the LOEL. As noted in the proposed 
rule, these findings were supported by similar results obtained in a 
90-day feeding study in dogs cited in the proposed rule.
    Nor-Am disagrees with the Agency's conclusion that the NOAEL for 
fetotoxicity was 5 mg/kg/day in the 3-generation rat reproduction study 
cited in the proposed rule. The commenter believes that while there was 
a slight decrease in the mean litter size at birth in the 20 mg/kg/day 
dose group and decreased pup viability in the 5 and 20 mg/kg/day dose 
groups post partum, there was no direct evidence of fetotoxicity. Nor-
Am states that the effect on litter size was only significant in the 
third generation animals at 5 mg/kg/day, and may have been due to an 
effect on lactation.
    EPA's reanalysis of this data indicates that there was a decrease 
in litter size and pup survival at 5 mg/kg/day in all 3 generations and 
a slight reduction in pup weight in the F1 and F2 
generations. Thus, there was direct evidence of fetotoxicity.
    The commenter contends that the rabbit teratology study reported by 
the Agency in the proposed rule was considered by EPA to be invalid 
(i.e., significantly flawed) due to high abortion rates in all groups, 
inadequately small group sizes, and lack of assessment of fetuses. The 
commenter argues that the low incidence of anomalies upon which the 
NOAEL of 1 mg/kg/day was based were within historical control ranges 
and failed to show any clear dose-related effect. The commenter claims 
that a subsequent study, not cited by EPA in the proposed rule, 
revealed no effects on fetal morphology at doses up to 12 mg/kg/day 
while maternal toxicity was found at 3 mg/kg/day and above; no NOEL 
could be established. The commenter claims that this subsequent study, 
not cited by EPA in the proposed rule, should have been considered by 
EPA.
    EPA disagrees. The rabbit teratology study cited by EPA in the 
proposed rule was never declared by EPA to be invalid (i.e., seriously 
flawed). Upon reanalysis of the rabbit teratology study, EPA determined 
that although this study does not fully satisfy the guidelines for 
study conduct under FIFRA, it is sufficient for the purposes of hazard 
assessment, with a NOEL and LOEL for maternal and developmental 
toxicity of 5 and 25 mg/kg/day, respectively. As described in the 
proposed rule, at 25 mg/kg/day, the following effects were seen: 
Decreased litter size and increased pre and post-implantation losses, 
decreased maternal body weight gain, and increased abortions. The high 
abortion rate is indicative of maternal toxicity. Although the abortion 
rates were higher than the control, enough animals remained at 
sacrifice to evaluate the toxicity potential of this chemical, and to 
support the finding that amitraz can reasonably be anticipated to cause 
developmental toxicity.
    The subsequent study cited by the commenter was also considered by 
EPA. This study also does not fully satisfy the guidelines for study 
conduct under FIFRA. Although the fetotoxic effects observed in the 
initial study (cited in the proposed rule) were not reproduced in the 
subsequent study referred to by the commenter and not cited in the 
proposed rule, this does not invalidate the results obtained in the 
initial study. Both studies were considered by EPA in determining the 
developmental toxicity of amitraz.
    EPA reaffirms that there is sufficient evidence for listing amitraz 
on the EPCRA section 313 list pursuant to EPCRA section 313(d)(2)(B) 
based on the chronic toxicity and developmental toxicity data for this 
chemical. Therefore, EPA is finalizing the addition of amitraz on the 
EPCRA section 313 list.
    5. Atrazine. Ciba-Geigy Corporation objects to the listing of 
atrazine under EPCRA section 313 based on increased incidence of 
mammary tumors in female Sprague-Dawley rats because the commenter 
contends that this tumor type is not indicative of potential 
carcinogenicity in humans. The commenter states that the effect is 
species (rat) and strain (Sprague-Dawley) specific. Further, the 
commenter states epidemiology data from Ciba-Geigy manufacturing and 
use indicate no evidence of carcinogenicity in a human population 
exposed for up to 30 years. Ciba-Geigy did not provide EPA with a copy 
of this study but did discuss the results in their comments.
    While epidemiology data are considered in the weight of the 
evidence for carcinogenicity, the current classification is based upon 
a positive finding in a well conducted animal study as described in the 
Risk Assessment Guidelines of 1986 (Ref. 5). Atrazine has been 
classified as a category C chemical by EPA's OPP Carcinogenicity Peer 
Review Committee and the Scientific Advisory Panel (EPA, 1988). The use 
of mammary tumor data for hazard assessment purposes, even when only 
one strain of test animal has been demonstrated to be positive, is 
consistent with current Agency policy. The Agency considers the cancer 
classification to be sufficient basis for listing of atrazine.
    EPA reaffirms that there is sufficient evidence for listing 
atrazine on the EPCRA section 313 list pursuant to EPCRA section 
313(d)(2)(B) based on the available carcinogenicity data. Therefore, 
EPA is finalizing the addition of atrazine on the EPCRA section 313 
list.
    6. Bendiocarb. Nor-Am Chemical Company states that bendiocarb does 
not meet the criteria of EPCRA section 313(d)(2)(C) due to its 
environmental fate. The commenter alleges that it has been shown not to 
accumulate in soil, water, or plants and has a relatively short half-
life (a few days). Nor-Am Chemical Company also contends that 
bendiocarb is rapidly broken down by hydrolysis to a biologically 
inactive product. As a result, the commenter states that there is no 
clear evidence of adverse effects on the environment associated with 
bendiocarb.
    EPA disagrees that the environmental fate of bendiocarb will negate 
the chemical's ecological toxicity. EPA believes that the environmental 
fate factors presented by the commenter may reduce but do not eliminate 
the potential for adverse effects on aquatic organisms and birds 
because the chemical induces environmental toxicity at low dose levels. 
Thus, EPA believes that the chemical can reasonably be anticipated to 
cause a significant adverse effect on the environment.
    EPA reaffirms that there is sufficient evidence for listing 
bendiocarb on the EPCRA section 313 list pursuant to EPCRA section 
313(d)(2)(B) based on neurological toxicity data for this chemical, and 
pursuant to EPCRA section 313(d)(2)(C) based on the available 
environmental toxicity data. Therefore, EPA is finalizing the addition 
of bendiocarb on the EPCRA section 313 list.
    7. Bifenthrin. FMC Corporation does not support the addition of 
bifenthrin under EPCRA section 313 because ``EPA overstates the 
neurological and [developmental effects] of bifenthrin. The 
neurological effects to which EPA referred were tremors or twitching, 
neurological signs that did not persist for the entire duration of the 
studies.'' EPA agrees with the commenter regarding the developmental 
toxicity potential or lack thereof, but disagrees with the commenter 
regarding the neurological hazards. In addition to the tremors or 
twitching effects cited by the commenter, more severe symptoms, 
including clonic convulsions and death, occur in the studies referred 
to by the commenters that are cited in the proposed rule, at dose 
levels only slightly higher than those causing slight or occasional 
tremors and/or twitching. In a rat developmental toxicity study by 
gavage, cited in the proposed rule, the maternal LOEL based on tremors 
was 2 mg/kg/day; the NOEL was 1 mg/kg/day. The MTD of 2 mg/kg/day was 
established on the basis of findings in a rat pilot study (included as 
part of the chronic rat study cited in the proposed rule) in which 
there were 3 deaths out of 10 animals at 2.5 mg/kg/day. With regard to 
the comment concerning the transitory nature of the effects, although 
they may be transitory in nature, this does not diminish the 
significance of the adverse effects. In particular, neurotoxic effects 
leading to convulsion may result in more permanent, underlying damage 
which is not reversible upon cessation of immediate signs and symptoms. 
Therefore, the Agency concludes that the neurological effects due to 
bifenthrin are of sufficient seriousness to warrant listing.
    EPA reaffirms that there is sufficient evidence for listing 
bifenthrin on the EPCRA section 313 list pursuant to EPCRA section 
313(d)(2)(B) based on the available neurological toxicity data, and 
pursuant to EPCRA section 313(d)(2)(C) based on the available 
environmental toxicity data. Therefore, EPA is finalizing the addition 
of bifenthrin on the EPCRA section 313 list.
    8. Bromine. Great Lakes Chemical Corporation and Albemarle 
Corporation believe that bromine does not meet the listing criteria of 
EPCRA section 313. They contend that the Agency has failed to show that 
chronic exposure to bromine causes serious or irreversible effects. 
They also contend that the time-weighted average (TWA) of 0.1 part per 
million (ppm) established by the National Institute of Occupational 
Safety and Health (NIOSH) will protect against the acute effects of 
exposure. They believe, therefore, that the addition of bromine to the 
EPCRA section 313 list should not be finalized.
    NIOSH established the TWA for bromine for acute effects. However, 
the Agency is not listing bromine on the EPCRA section 313 list on the 
basis of its acute effects but on the basis of the adverse effects it 
induces after chronic exposure. These effects include functional 
neurologic effects and abnormalities in respiratory and endocrine 
systems. In humans, chronic exposure to bromine can cause severe 
irritation of the skin, mucous membranes and respiratory tract, 
gastroenteritis, and death. This severe irritation which can lead to 
death through either, or both, respiratory or gastroenteric irritation 
is the primary endpoint of concern although neurologic signs and 
symptoms which include dizziness, headache, and ``feelings of 
oppression'' along with other functional disturbances of the central 
nervous system (CNS) may also occur after exposure to bromine.
    EPA reaffirms that there is sufficient evidence for listing bromine 
on the EPCRA section 313 list pursuant to EPCRA section 313(d)(2)(B) 
based on the available chronic toxicity data for this chemical. 
Therefore, EPA is finalizing the addition of bromine on the EPCRA 
section 313 list.
    9. 2-Bromo-2-nitropropane-1,3-diol (Bronopol). Boots Microcheck 
contends that 2-bromo-2-nitropropane-1,3-diol presents only a moderate 
acute hazard, but does not present a chronic hazard. Therefore, the 
commenter concludes that the compound should not be listed under EPCRA 
section 313 pursuant to EPCRA section 313(d)(2)(B).
    Although the Agency agrees with the commenter that 2-bromo-2-
nitropropane-1,3-diol presents a moderate acute hazard, EPA does not 
agree that the chemical is not a chronic toxicant. The effects noted in 
both acute and chronic studies, cited in the proposed rule, indicate 
irritation due to exposure to the compound. However, differing 
expressions of irritation are obtained depending upon the level of 
material to which the test animals were exposed and the duration of 
exposure. In the acute studies cited in the proposed rule, the acute 
gastric effects were seen at relatively high doses. In the chronic 
studies, cited in the proposed rule, the effects, described below, were 
noted following repeated oral exposure to lower doses of 2-bromo-2-
nitropropane-1,3-diol. The NOEL for chronic oral exposure in rats was 
10 mg/kg/day, with effects including lesions of the stomach mucosa, 
ulceration, raised areas and excrescences. In a 13-week study in rats 
cited in the proposed rule, effects included inflammation, epithelial 
hyperplasia and hyperkeratosis, and congested vessels of the mucosa of 
the G.I. tract. The chronic studies cited in the proposed rule show 
that irritation was caused by a repeated number of low doses. In these 
chronic studies multiple doses were required before irritation 
occurred. Further, the type of irritation caused by acute and chronic 
exposure are different. Therefore, the irritation due to chronic 
exposure to 2-bromo-2-nitropropane-1,3-diol is distinguishable from 
that caused by acute exposure. EPA believes that the effects observed 
in the longer term studies are serious and potentially irreversible.
    EPA reaffirms that there is sufficient evidence for listing 2-
bromo-2-nitropropane-1,3-diol on the EPCRA section 313 list pursuant to 
EPCRA section 313(d)(2)(B) based on the available chronic toxicity data 
for this chemical. Therefore, EPA is finalizing the listing of 2-bromo-
2-nitropropane-1,3-diol on the EPCRA section 313 list.
    10. Carboxin. Zeneca Incorporated and Uniroyal Chemical oppose the 
listing of carboxin. The commenters claim that the effect of renal 
toxicity noted by EPA in the proposed rule was seen only in rat feeding 
studies and not in a chronic dog feeding study. Thus, they claim it 
appears to be a species-specific effect that may not be relevant to 
man.
    EPA disagrees with the conclusions of the commenters. Because 
direct human testing is generally unavailable, animals are commonly 
accepted as surrogates for toxicity testing to predict potential 
hazard(s) to humans. Exceptions occur only in a few rare cases where 
effects have been determined to be species-specific (e.g., 
2-globulin). It should be noted that the actual 
number of species tested with carboxin is limited and, therefore, it is 
premature to state that the renal toxicity of carboxin is species-
specific. Significantly, the commenters did not provide any additional 
evidence to support their contention that the renal toxicity is 
species-specific. EPA uses information from the most sensitive species 
to evaluate potential human hazard(s), as a conservative assumption.
    EPA reaffirms that there is sufficient evidence for adding carboxin 
on the EPCRA section 313 list pursuant to EPCRA section 313(d)(2)(B) 
based on the available renal toxicity data for this chemical. 
Therefore, EPA is finalizing the listing of carboxin on the EPCRA 
section 313 list.
    11. 1-(3-Chloroallyl)-3,5,7-triaza-1-azoniaadamantane chloride. Dow 
Chemical Company notes that, in the dog study cited in the proposed 
rule, the test material was administered in gelatin capsules due to 
problems with palatability. They argue that this mode of administration 
is unusual and introduces the confounding factor of what is in essence 
a bolus administration (given all at one time) of the chemical, and 
results in an artificially lowered NOEL.
    The Agency does not agree that this mode of administration is 
unusual. EPA frequently reviews dog studies in which the test material 
is administered by capsule. In addition, dog studies rarely permit ad 
libitum feeding as used in rat studies, even when dietary incorporation 
is the means of dose administration. Dogs generally receive a measured 
amount of food that they rapidly consume. Therefore, bolus 
administration closely approximates actual behavior in dogs. The 
concern that capsule administration produces an apparently altered 
response is not a confounding factor in the study cited in the proposed 
rule, and therefore the reported NOEL does not need to be raised as 
suggested by the commenter.
    The same commenter contends that the effects used as a basis for 
listing occurred only in dogs and only in a single study, and, 
therefore, are not relevant to humans.
    Because direct human testing is generally unavailable, animals are 
commonly accepted in the scientific and regulatory communities as 
surrogates for toxicity testing to predict potential hazard to humans, 
except in a few rare cases where effects have been determined to be 
species-specific (e.g., 2-globulin). In the interest 
of being protective, EPA uses information from the most sensitive 
species to evaluate potential human hazard. In addition, results 
demonstrated in a single well-conducted study are sufficient and can 
serve as a basis for listing on the section 313 list.
    The same commenter states that the LOEL in the study was based upon 
a slight, reversible effect in the liver of a single animal. The study, 
the commenter argues, should have been considered in toto rather than 
relying on a single effect. The commenter implies that EPA should have 
set the LOEL at a higher dose.
    The commenter is incorrect. The LOEL of 15 mg/kg/day is correct. 
This LOEL was based upon obliterative vasculitis and perivasculitis in 
one animal. However, these effects are not commonly seen in dogs, yet 
in the study cited in the proposed rule, they occurred in seven of 
eight dogs at 30 mg/kg/day, the dose next highest to the LOEL. EPA 
considers the effects seen in this study to be serious effects.
    EPA reaffirms that there is sufficient evidence for listing 1-(3-
chloroallyl)-3,5,7-triaza-1-azoniaadamantane chloride on the EPCRA 
section 313 list pursuant to EPCRA section 313(d)(2)(B) based on the 
available chronic toxicity data for this chemical. Therefore, EPA is 
finalizing the addition of 1-(3-chloroallyl)-3,5,7-triaza-1-
azoniaadamantane chloride on the EPCRA section 313 list.
    12. Chlorosilanes. Silicones Environmental Health and Safety 
Council and General Electric oppose the listing of the six 
chlorosilanes that were proposed for addition 
(dichloromethylphenylsilane, dimethyldichlorosilane, 
methyltrichlorosilane, trichloroethylsilane, trichlorophenylsilane, and 
trimethylchlorosilane) arguing that they undergo rapid hydrolysis and 
are not expected to be found in the atmosphere in appreciable 
concentrations. The commenters further state that EPA estimated 
conditions in its exposure assessment that greatly exceed actual 
conditions.
    Based on these comments, EPA conducted revised exposure assessments 
for each of the chlorosilanes. These revisions support EPA's initial 
finding that dimethyldichlorosilane, methyltrichlorosilane, and 
trimethylchlorosilane can reasonably be anticipated to be present at 
facility boundaries in concentration levels that would cause a 
significant adverse effect. EPA believes that the exposure assessments 
were based on reasonable release estimates and reasonable worst-case 
concentration modeling. Details of this analysis are provided in the 
Response to Comment Document (Ref. 14). Thus EPA reaffirms that there 
is sufficient evidence to list dimethyldichlorosilane, 
methyltrichlorosilane, and trimethylchlorosilane on the EPCRA section 
313 list pursuant to EPCRAsection 313(d)(2)(A). Therefore, EPA is 
finalizing the listings for dimethyldichlorosilane, 
methyltrichlorosilane, and trimethylchlorosilane on the EPCRA section 
313 list.
    The revised exposure assessments for dichloromethylphenylsilane, 
trichloroethylsilane, and trichlorophenylsilane, however, indicate that 
these chemicals are not individually present at facility boundaries in 
concentration levels that would cause a significant adverse effect. 
However, two or more of these chemicals are usually produced together 
and as a category are reasonably anticipated to be present at facility 
boundaries in concentration levels that would cause a significant 
adverse effect. Therefore, EPA is deferring the individual listings of 
these three chemicals for consideration as a category possibly to be 
added at a later date.
    13. Crotonaldehyde. Eastman Chemical and Monsanto believe that 
crotonaldehyde should not be added to the EPCRA section 313 list 
because of inadequate data on human health. Furthermore, they contend 
that crotonaldehyde does not meet the criteria for listing as a 
carcinogen as put forth in the Risk Assessment Guidelines for 
Carcinogen Risk (Ref. 4) because it was tested in a single sex, single 
species experiment. The commenters further believe that EPA's statement 
that crotonaldehyde did not induce tumors at the high dose, because at 
that high dose crotonaldehyde is cytotoxic, is a contention which is 
not supported by scientific evidence. They believe that overall the 
weight of evidence for carcinogenicity, including reactivity and 
mutagenicity, is insufficient to support listing.
    EPA agrees that the human carcinogenicity data are inadequate but 
feels that the available animal data are adequate to support a concern 
for carcinogenicity. The Agency accepts the single-sex, single species 
testing of crotonaldehyde as being sufficient for listing because these 
data are supported by strong evidence of mutagenicity in Salmonella 
typhimurium; a statistically significant increase in the number of both 
benign and malignant tumors in low dose animals and induced altered 
liver foci but not tumor formation in the high dose group. 
Crotonaldehyde is known to be severely cytotoxic with the capacity to 
induce cell death and alter cellular macromolecules. It caused gross 
degeneration, chromosome breakage and reciprocal translocations in 
Drosophila melanogaster and gross degeneration and polyploidy in all 
stages of spermatogenesis in mouse seminiferous tubules thus showing 
that is has ample ability to interact with cellular DNA and cause 
severe disruption in chromosome structure and cellular integrity. It is 
logical to assume that if crotonaldehyde is capable of such damage in 
the mammalian testis which is protected by the blood/testis barrier, it 
can also cause severe toxicity and cell death in the liver which has no 
such protection from toxic agents. Absent evidence to the contrary, 
which the commenter did not provide, EPA continues to believe that 
failure to observe tumor formation is due to cell death before tumors 
could develop. Based on these findings, the Agency believes that the 
weight of evidence for crotonaldehyde is sufficient for listing. EPA 
reaffirms that there is sufficient evidence for listing crotonaldehyde 
on the EPCRA section 313 list pursuant to EPCRA section 313(d)(2)(B) 
based on available carcinogenicity and mutagenicity data for this 
chemical. Therefore, EPA is finalizing the addition of crotonaldehyde 
on the EPCRA section 313 list.
    14. Cycloate. Zeneca Incorporated contends that in the 3-generation 
rat feeding study, cited in the proposed rule as being of unknown 
duration, the distended myelin sheath demyelination and nerve fiber 
loss at the LOEL of 3.0 mg/kg/day occurred only after extensive 
exposure and as such would not be relevant to a toxic release type of 
short exposure.
    The effects described in this study are considered to be both 
serious and irreversible. Adverse effects that are induced by a 
chemical after repeated long-term exposures and are a valid basis for 
listing under EPCRA section 313.
    The same commenter states that the 3-generation rat reproduction 
study cited in the proposed rule was replaced by a more recent (1990) 
2-generation rat reproduction study, also cited in the proposed rule, 
in which the toxic effects on pup survival (LOEL of 50 mg/kg/day) and 
pup body weight (LOEL of 20 mg/kg/day) occurred at doses which were 
maternally toxic as well.
    EPA considered both studies in its evaluation of cycloate. As 
described in unit IV.E. of this preamble, developmental effects seen in 
developing organisms are considered to be adverse whether or not they 
occur at doses that are also maternally toxic.
    EPA reaffirms that there is sufficient evidence for listing 
cycloate on the EPCRA section 313 list pursuant to EPCRA section 
313(d)(2)(B) based on the available neurological and developmental 
toxicity data. Therefore, EPA is finalizing the addition of cycloate on 
the EPCRA section 313 list.
    15. Cyclohexanol. Monsanto opposes the listing of cyclohexanol 
because concentrations that led to tremors, central nervous system 
depression, lethargy, or hypothermia in rabbits, as cited in the 
proposed rule, are above the level of MED that EPA identified in the 
Draft Hazard Assessment Guidelines (Ref. 11) as high priority or 
moderate priority. Furthermore, the concentrations that led to 
reproductive impacts in rats were above the MED level of high priority. 
In addition, Monsanto states that the Industrial Health Foundation 
submitted to EPA's TSCA office the results of a 2-generation 
reproduction study demonstrating a NOEL of 500 ppm in air which should 
have been considered. The commenter claims that EPA has also not 
demonstrated that the effects mentioned, or concentrations at which 
they occurred, were serious or irreversible.
    EPA agrees that the concentrations that led to tremors, central 
nervous system depression, lethargy, or hypothermia in rabbits are 
above the level of MED that EPA identifies in the Draft Hazard 
Assessment Guidelines (Ref. 11) as high priority for listing. However, 
while the 2,500 mg/kg/day dermal exposure is above the moderate 
priority MED guideline, the 997 ppm (438 mg/kg/day) is within this 
category. In addition to the neurotoxicity effects, as cited in the 
proposed rule, cyclohexanol also induces renal, hepatic, and myocardial 
effects at moderate dose levels (for example, inhalation of 0.59 mg/L 
of cyclohexanol induced degenerative changes in the livers and kidneys 
of rabbits). EPA considers these effects to be serious. In this case, 
based on a weight-of-evidence approach, EPA believes that cyclohexanol 
presents a sufficient hazard to warrant listing under EPCRA section 313 
even though the reported values for neurotoxicity effects are in excess 
of the MEDs placing a chemical in the high priority grouping.
    EPA disagrees that the concentrations that led to reproductive 
impacts in rats and gerbils (15 mg/kg) as described in the proposed 
rule are above the MED range for high priority listing. EPA reiterates 
the overall reproductive toxicity of this chemical, based on a weight-
of-evidence, supports the addition of cyclohexanol to the EPCRA section 
313 list.
    The chemical tested in the 2-generation reproduction study 
submitted to the Agency by the Industrial Health Foundation, cited by 
the commenter, was cyclohexanone not cyclohexanol as claimed by the 
commenter.
    EPA reaffirms that there is sufficient evidence for listing 
cyclohexanol pursuant to EPCRA section 313 pursuant to EPCRA section 
313(d)(2)(B) based on the available chronic neurological, hepatic, 
renal, myocardial, and reproductive toxicity data for this chemical. 
Therefore, EPA is finalizing the addition of cyclohexanol on the EPCRA 
section 313 list.
    16. Cyhalothrin. Zeneca Incorporated contends that the 
neurotoxicity signs observed in the 6-month and 1-year dog studies 
cited in the proposed rule occurred at doses that were ``otherwise 
toxic as well'' and do not provide any evidence of a specific 
neurotoxicity. Zeneca Incorporated implies that the presence of 
``otherwise toxic'' signs reduces the significance of the neurotoxicity 
observed in the cited study.
    The phrase ``otherwise toxic as well'' was not defined by the 
commenter. The clinical signs of neurotoxicity observed in the dogs at 
3.5 mg/kg/day (ataxia, muscle tremors, and convulsions in the 1-year 
study cited in the proposed rule) and at 10 mg/kg/day (unsteadiness and 
trembling in the 6-month study cited in the proposed rule) are 
considered by EPA to be evidence of physiological neurotoxicity. 
Although there were no pathologic changes in the nervous tissue, EPA 
considers these effects to be serious because they often precede 
pathologic neurotoxicity. With the exception of liquid feces, there 
were no reported toxic findings other than those related to 
neurotoxicity.
    EPA reaffirms that there is sufficient evidence for listing 
cyhalothrin on the EPCRA section 313 list pursuant to EPCRA section 
313(d)(2)(B) based on the available neurological toxicity data. 
Therefore, EPA is finalizing the addition of cyhalothrin on the EPCRA 
section 313 list.
    17. Desmedipham. Nor-Am Chemical states that methemoglobin 
formation, which is cited by EPA as the basis for listing, is an 
entirely reversible effect which occurs only after prolonged and 
consistent exposure. Therefore, the commenter concludes that this 
finding, by itself, should not be used.
    Based on the 90-day dog study, cited in the proposed rule, EPA 
considers 150 ppm to be a NOAEL. Methemoglobin values were only 
minimally higher than control levels and were not associated with an 
increase in Heinz bodies. In the 1-year dog feeding study, after 13 
weeks treatment at 300 ppm, methemoglobin was seen associated with 
histopathological changes (hemosiderin and hemopoiesis). While 
methemoglobinemia may be a reversible effect, it is nevertheless a 
serious effect, and in some cases irreversible damage may occur as a 
result of methemoglobinemia. Methemoglobinemia interfers with the 
oxygenating capacity of blood resulting in an undersupply of oxygen to 
the tissues. Therefore, methemoglobinemia is a toxic effect and not 
simply an indicator of exposure to desmedipham as concluded by the 
commenter.
    Therefore, EPA reaffirms that there is sufficient evidence for 
listing desmedipham on the EPCRA section 313 list pursuant to EPCRA 
section 313(d)(2)(B) based on the available hematological toxicity 
data. Therefore, EPA is finalizing the addition of desmedipham on the 
EPCRA section 313 list.
    18. 2,2-Dibromo-3-nitrilopropionamide. Dow Chemical Company and 
Rohm Haas state that the corrosivity and irritancy of the 2,2-dibromo-
3-nitrilopropionamide (DBNPA) solutions to the esophagus, pharynx, 
trachea, and lungs led to development of dyspnea in rats. The 
commenters imply that the dyspnea in rats should be discounted because 
it was caused by the method of administration rather than the toxicity 
of the chemical.
    The Agency agrees that the dyspnea observed in the 4-week and 13-
week rat gavage studies cited in the proposed rule may have been due to 
severe irritation of the trachea and lungs from accidental or 
incidental delivery of small amounts of the DBNPA dosing solutions into 
the larynx, pharynx, trachea, and/or lungs during the procedure. 
However, this suggestion of possible cause can be neither refuted nor 
confirmed based upon the available data. Dyspnea is the basis for the 
LOEL in the study. One of the commenters agrees that DBNPA is 
corrosive, particularly to the eyes and, at the least, is severely 
irritating to the respiratory tract. This is consistent with the 
effects observed in the two subject studies. The Agency considers the 
finding of dyspnea in the 4- and 13-week studies to be of sufficient 
seriousness to warrant listing on the EPCRA section 313 list.
    EPA reaffirms that there is sufficient evidence for listing 2,2-
dibromo-3-nitrilopropionamide on the EPCRA section 313 list pursuant to 
EPCRA section 313(d)(2)(B) based on the available chronic respiratory 
toxicity data. Therefore, EPA is finalizing the addition of 2,2-
dibromo-3-nitriloproprionamide on the EPCRA section 313 list.
    19. Diclofop-methyl. Nor-Am Chemical and Hoechst-Celanese contend 
that EPA interpreted the doses administered by gavage as diet 
concentrations (ppm) in the rat teratology study cited in the proposed 
rule. One commenter states the Agency should provide clarifications 
concerning ``mortality'' of the pups and the calculation of the actual 
test substance intake at different stages during the in-life phases 
during development in the 3-generation rat reproduction study.
    The commenter is correct in stating that the Agency erred in 
interpreting gavage doses as ppm in the rat teratology study. However, 
EPA still believes that the doses at which adverse effects occur are 
sufficiently low and the adverse effects reported are of sufficient 
seriousness to warrant listing. The developmental NOEL is 10 mg/kg/day 
and the LOEL is 32 mg/kg/day based on an increased incidence of a 
number of variations and malformations, as described in the proposed 
rule. While the maternal effects on body weight and food consumption at 
32 mg/kg/day are transient and reversible, some of the developmental 
effects at this dose are irreversible. In the 3-generation rat 
reproduction study cited in the proposed rule, a decrease in pups born 
alive in the F1a, reduced pup weights (F1a and 2a) and 
general retardation of physical development (F1a and 2a) was 
noted in offspring at 100 ppm (5 mg/kg/day). The commenter considers 
the LOEL for this study to be 6.7 mg/kg/day. This dose resulted in 
decreased parental food consumption and body weight and there were no 
post partum pup mortalities. Additionally, there were no effects on 
fertility at the LOEL at any time during the three generations.
    The commenters further stated that EPA should ``consider the 
validity'' of the 30-day rat study cited in the proposed rule because 
heart, kidney, and adrenal weights were increased only at doses with no 
histopathological correlates and were due to the pharmacodynamic lipid 
metabolism of the test material by the liver.
    The increased relative heart, liver, and kidney weights at 80 ppm 
(4 mg/kg/day) in the 30-day rat feeding study is further substantiated 
by a recent 90-day rat feeding study cited in the proposed rule with a 
LOEL of 80 ppm and a NOEL of 20 ppm (1 mg/kg/day). In the recent 90-day 
study cited in the proposed rule, absolute and relative liver and 
kidney weight was increased in males and relative liver and kidney 
weight was increased in females at 80 ppm. These increased organ 
weights are evidence of a compound-related effect. The Agency 
interprets Hoechst-Celanese's own statements regarding the 30-day rat 
feeding study that ``increased liver weights and centrilobular 
enlargement of hepatic cells at dietary concentrations of 80 ppm and 
higher'' as evidence of toxicity.
    Hoechst-Celanese also contends that the effects in the renal cortex 
observed in the 90-day dog study cited in the proposed rule at 250 ppm 
(15 and 13.4 mg/kg/day in males and females, respectively) did not 
occur at the highest concentration tested in the 1-year dog study (80 
ppm, 4-5mg/kg/day) indicating that the finding in the 90-day study was 
not test substance related.
    EPA believes that the effects occurring in the renal cortex in the 
90-day dog study at 13 to 15 mg/kg/day may not have appeared in the 1-
year dog study, since the highest dose tested was 4-5 mg/kg/day. If 
higher doses were employed in the 1-year study, then renal effects 
could possibly have occurred. However, the results of the 1-year study 
do not negate the 90-day results, since the dose levels used in the 90-
day study were so much higher.
    Hoechst-Celanese also states that the Agency used an invalid 
(flawed) reproductive toxicity study to support the listing. The 
commenter indicates that the study was compromised by infection of the 
rat colony with RCV/SDA virus. They further state that another 
reproductive toxicity study, which EPA did not cite in the proposed 
rule, should have been evaluated in which the fetotoxic NOEL was 30 mg/
kg/day instead of greater than 5 mg/kg/day as in the original study.
    The Agency does not find the original study to be invalid. The data 
were considered to be valid for regulatory purposes. In addition, the 
Agency found the fetotoxic NOEL in the study referred to by the 
commenter, not cited by EPA in the proposed rule, to be 5 mg/kg/day, 
not 30 mg/kg/day as stated by the commenter.
    EPA reaffirms that there is sufficient evidence for listing 
diclofop-methyl on the EPCRA section 313 list pursuant to EPCRA section 
313(d)(2)(B) based on the available developmental, hepatic, and renal 
toxicity data. Therefore, EPA is finalizing the addition of diclofop-
methyl on the EPCRA section 313 list.
    20. Diisocyanates. EPA originally proposed to list three 
diisocyanates (hexamethylene-1,6-diisocyanate, isophorone diisocyanate, 
and 1,1-methylene bis(4-isocyanatocyclohexane) on the basis of acute 
toxicity pursuant to EPCRA section 313(d)(2)(A). As an alternative, EPA 
proposed to create a delimited diisocyanates category containing these 
3 diisocyanates and 17 other diisocyanates based on chronic pulmonary 
irritation pursuant to EPCRA section 313(d)(2)(B). EPA is finalizing 
addition of the delimited diisocyanate category based on chronic 
pulmonary toxicity and therefore has not addressed comments concerning 
the acute toxicity of any of the diisocyanates. EPA believes that 
diisocyanates are best added as a category because the members of this 
category are structurally similar (i.e., each contains the diisocyanate 
functionality), they induce a similar toxic effect (chronic pulmonary 
irritation), and their toxicity is due to the diisocyanate portion of 
the molecule common to all members.
    Chemical Manufacturers Association Hexamethylene-1,6-Diisocyanate 
Panel, Dow Chemical Company, Monsanto, Olin Chemicals, Sealed Air 
Corporation, Huls America Incorporated, and the Diisocyanates Panel of 
the Chemical Manufacturers Association oppose EPA's alternative 
proposal to create a diisocyanate category and believe that individual 
diisocyanates should be evaluated and included on the EPCRA section 313 
list only if the diisocyanate independently satisfies the statutory 
listing criteria. The commenters state that in adding a broad category 
of diisocyanates, EPA ignores its statutory mandate to evaluate the 
individual toxicity of each chemical and to evaluate the exposure 
potential to the EPCRA community by each individual chemical. The 
commenters contend that the category would mislead the public as to the 
amount and type of toxic chemicals to which communities may be exposed. 
The commenters contend that data collected in aggregate is confusing 
and difficult to use or interpret. Commenters state that adding a 
category of diisocyanates based upon the isocyanate functionality is 
based on the chronic effects associated with exposures to a limited 
number of diisocyanates and that this method unjustifiably equates 
toxicity across an entire class of chemicals that have different 
properties and effects. Commenters state that diisocyanates encompass a 
diverse group of chemicals which vary significantly in physical and 
chemical properties and in potential toxicity. Commenters state that 
the available evidence on the pulmonary effects or toxicity of 
individual diisocyanates (toluene diisocyanate, 
methylenebis(phenylisocyanate), and isophorone diisocyanate) does not 
support the addition of a diisocyanates category. The commenters also 
state that EPA has not cited any data to support the assertions that 
diisocyanates cause these effects. Commenters state that individual 
diisocyanates have been shown to respond differently in mutagenicity 
studies and that other toxicological differences would be expected 
among individual diisocyanates, because of differences in their ability 
to penetrate membranes, the capacity of organisms to metabolize them, 
the specific reactivity of the diisocyanate groups, etc. Commenters 
state that in the proposed rule EPA recognized these differences by 
stating that some diisocyanates are classified as probable carcinogens 
and others are not. The Wisconsin Department of Natural Resources 
supports EPA's alternative proposal to create a diisocyanate category 
and would prefer this manner of listing to listing each diisocyanate 
separately.
    As discussed in unit IV.C. of the preamble, EPA believes that it is 
acting reasonably within its discretion in listing a category of 
chemicals by showing that at least one member of the category meets the 
listing criteria of EPCRA section 313 and that the other members can 
reasonably be expected to exhibit the same or similar toxic effect. EPA 
believes that the available data on the chronic pulmonary toxicity for 
several members of the diisocyanates category are sufficient for 
listing under EPCRA section 313(d)(2)(B). EPA also believes that the 
diisocyanate moiety, common to all members of the category, is 
responsible for the observed chronic pulmonary toxicity. Therefore, EPA 
believes that it is reasonable to anticipate that all members of the 
diisocyanate category will exhibit chronic pulmonary toxicity and that 
creating a category of diisocyanates is the most appropriate way to 
list this class of chemicals. As stated in Unit IV.B. of the preamble, 
EPA does not believe that it is required to consider exposure for 
chemicals that are moderately high to highly toxic based on a hazard 
assessment when determining if a chemical can be added for chronic 
effects pursuant to EPCRA section 313(d)(2)(B); therefore, EPA is not 
required to evaluate the exposure potential for the members of the 
diisocyanates category. EPA believes that, because each member of the 
diisocyanates category has the same functional groups and can 
reasonably be anticipated to cause similar toxic effects, the 
diisocyanates category will not mislead the public as to the amounts 
and type of chemicals released and will not be confusing to use or 
interpret.
    EPA agrees that the diisocyanates are a diverse group of chemicals 
which vary in physical and chemical properties. However, EPA also 
believes that the reactive portion of diisocyanate chemicals is the 
diisocyanate moiety itself and that the rest of the molecule does not 
affect the reactivity of this portion of the molecule. EPA stands by 
its interpretation of the literature, as cited in the proposed rule and 
background material, on the adverse pulmonary effects of diisocyanates 
and believes that this information supports the addition of a 
diisocyanates category. The Agency agrees that structural differences 
among individual diisocyanates may indeed affect their absorption and 
metabolism. However, since absorption and metabolism are not necessary 
for chronic pulmonary irritation to occur, the effect of structural 
differences upon either absorption or metabolism is not an issue in 
this case. The Agency agrees with the commenter that there are 
differences in the carcinogenicity/mutagenicity of toluene 
diisocyanate, methylenebis(phenylisocyanate), and isophorone 
diisocyanate and that these differences are most likely the result of 
the differences in absorption and metabolism. However, since neither of 
these endpoints is the basis for listing diisocyanates as a category 
and since chronic pulmonary irritation can occur without absorption and 
metabolism taking place, these issues do not affect the Agency's 
overall concern for diisocyanates or its decision to list them as a 
category on the EPCRA section 313.
    As EPA discussed in the proposed rule, there currently are four 
other diisocyanates listed on the EPCRA section 313 list, these are:
    Toluene-2,4-diisocyanate (000584-84-9)
    Toluene-2,6-diisocyanate (000091-08-7)
    Toluene diisocyanate (mixed isomers) (026471-62-5)
    Methylenebis(phenylisocyanate) (000101-68-8)
    EPA is leaving the toluene diisocyanate compounds listed 
individually. In addition to the effects discussed above, these 
compounds have been shown to be carcinogenic. EPA believes it is 
appropriate to continue to individually list carcinogenic diisocyanates 
because they exhibit a different toxic endpoint than other members of 
the category. Methylenebis(phenylisocyanate) has not been shown to be a 
carcinogen and as EPA discussed in the proposed rule it is being moved 
into the diisocyanate category.
    EPA reaffirms its determination that diisocyanates meet the 
criteria of EPCRA section 313(d)(2)(B). Therefore, EPA is finalizing 
the addition of the diisocyanates category that consists of the 
following chemicals:
    1,3-Bis(methylisocyanate)cyclohexane (CAS No. 038661-72-2)
    1,4-Bis(methylisocyanate)cyclohexane (CAS No. 010347-54-3)
    1,4-Cyclohexane diisocyanate (CAS No. 002556-36-7)
    Diethyldiisocyanatobenzene (CAS No. 134190-37-7)
    4,4'-Diisocyanatodiphenyl ether (CAS No. 004128-73-8)
    2,4'-Diisocyanatodiphenyl sulfide (CAS No. 075790-87-3)
    3,3'-Dimethoxybenzidine-4,4'-diisocyanate (CAS No. 000091-93-0)
    3,3'-Dimethyl-4,4'-diphenylene diisocyanate (CAS No. 000091-97-4)
    3,3'-Dimethyldiphenylmethane-4,4'-diisocyanate (CAS No. 000139-25-
3)
    Hexamethylene-1,6-diisocyanate (CAS No. 000822-06-0)
    Isophorone diisocyanate (CAS No. 004098-71-0)
    Methylenebis(phenylisocyanate) (CAS No. 000101-68-8)
    4-Methyldiphenylmethane-3,4-diisocyanate (CAS No. 075790-84-0)
    1,1-Methylene bis(4-isocyanatocyclohexane) (CAS No. 005124-30-1)
    1,5-Naphthalene diisocyanate (CAS No. 003173-72-6)
    1,3-Phenylene diisocyanate (CAS No. 000123-61-5)
    1,4-Phenylene diisocyanate (CAS No. 000104-49-4)
    Polymeric diphenylmethane diisocyanate (CAS No. 009016-87-9)
    2,2,4-Trimethylhexamethylene diisocyanate (CAS No. 016938-22-0)
    2,4,4-Trimethylhexamethylene diisocyanate (CAS No. 015646-96-5)

    In reassessing the Agency's proposal in light of comments received 
and other information, it has become clear to EPA that the effect of 
concern (chronic pulmonary toxicity) is related to the diisocyanate 
moiety and therefore common to all diisocyanate compounds not just 
those included in the delimited category finalized in this rule. EPA 
believes that many other diisocyanates not covered by the category may 
meet the EPCRA section 313 criteria. Therefore, EPA believes that it 
may be more appropriate to create a diisocyanates category based on a 
molecular formula description rather than a more limited category 
comprised of certain named diisocyanates. However, EPA did not include 
a molecular formula category option in its proposal and therefore has 
not given the public an opportunity to comment on such a category. 
Accordingly, in this action EPA is finalizing the addition of a 
delimited category consisting of the 20 diisocyanates on which the 
Agency has received comment and for which the Agency has made a final 
determination that the chemicals meet the EPCRA section 313 criteria 
for listing. EPA believes that the chemicals covered by this category 
represent the majority of diisocyanates in production and that listing 
the delimited category will provide meaningful data to the public. At a 
later date, EPA will consider whether a more broad diisocyanates 
category is warranted and appropriate.
    21. Dimethylamine. Olin Chemicals does not believe that the data 
cited by EPA are sufficient to prove that dimethylamine causes ``. . . 
significant adverse acute human health effects at concentration levels 
that are reasonably likely to exist beyond facility site boundaries. . 
. .'' The commenter did not substantiate this contention. The commenter 
requests a more rigorous review of the available data before adding 
dimethylamine to the EPCRA section 313 list.
    The Agency is not proposing to list dimethylamine pursuant to 
section 313(d)(2)(A), therefore the Agency does not have to show that 
the chemical causes ``. . .significant adverse acute human health 
effects at concentration levels that are reasonably likely to exist 
beyond facility site boundaries. . . .'' EPA disagrees that the data 
cited are insufficient to prove that dimethylamine is likely to cause 
significant human health effects. As articulated in the proposed rule, 
dimethylamine is corrosive to mucous membranes, the eyes and 
respiratory tract. Chronic exposure results in dose-related lesions in 
the respiratory and olfactory epithelium and is associated with 
centrilobular fatty degeneration and necrosis of parenchymal cells 
after inhalation exposure for 18 to 20 weeks. Rats exposed to oral 
doses as low as 0.035 mg/kg for 8 months showed neurological effects 
including changes in conditioned reflexes while single doses of 240 to 
260 mg/kg caused excitement and muscle weakness in mice, rats, guinea 
pigs, and rabbits. Dimethylamine is corrosive to the respiratory tract, 
exhibits hepatotoxicity and is neurotoxic. EPA reaffirms that there is 
sufficient evidence to list dimethylamine on the EPCRA section 313 list 
pursuant to EPCRA section 313(d)(2)(B) based on the available chronic 
respiratory, hepatic, and neurological toxicity data for this chemical. 
Therefore, EPA is finalizing the addition of dimethylamine on the EPCRA 
section 313 list.
    22. 2,6-Dimethylphenol. One commenter, General Electric, states 
that the proposed addition of 2,6-dimethylphenol to EPCRA section 313 
is based upon a ``low confidence'' study and a 10-week subchronic study 
which the ITC found insufficient to evaluate.
    The commenter is concerned that EPA is using the same data set in 
two rule makings; TSCA section 4 and the decision to list on the EPCRA 
section 313 list. The commenter quotes the ITC finding that the studies 
are of ``low confidence.'' The Agency used these data to derive an oral 
RfD of 0.0006 mg/kg/day. IRIS confidence in the studies is low because 
of lack of experimental detail. EPA also concedes that the ITC had low 
confidence in these studies for its purposes which are risk assessment. 
However, EPA believes that these data are sufficient for the purposes 
of hazard assessment and concludes that these studies when considered 
together present a sufficient weight of the evidence determination for 
listing 2,6-dimethylphenol on EPCRA section 313 because 2,6-
dimethylphenol causes hepatotoxicity and nephrotoxicity at relatively 
low dose levels. EPA reaffirms that there is sufficient evidence to 
list 2,6-dimethylphenol on the EPCRA section 313 list pursuant to EPCRA 
section 313(d)(2)(B) based on the available hepatotoxicity and 
nephrotoxicity data for this chemical. Therefore, EPA is finalizing the 
addition of 2,6-dimethylphenol on the EPCRA section 313 list.
    23. Dinoseb. Uniroyal Chemical Company objects to the listing of 
dinoseb (dinoseb is the trade name for dinitrobutyl phenol) because the 
sale of dinoseb as a herbicide or insecticide is prohibited and 
remaining inventories have been used up or disposed. However, the 
commenter notes that dinitrobutyl phenol continues to be produced and 
sold for uses not subject to FIFRA (e.g. as an inhibitor in the polymer 
industry).
    EPA believes that the chemical is more properly listed by its 
common chemical name, dinitrobutyl phenol, rather than its trade name. 
However, EPA also recognizes that this chemical is well known as 
dinoseb. Therefore, EPA is finalizing the addition of this chemical as 
dinitrobutyl phenol (dinoseb).
    24. Disodium cyanodithiomidocarbamate. Buckman Laboratories 
International, Incorporated contends that the compound was not 
teratogenic in either the rat or rabbit studies cited in the proposed 
rule. Specifically, they contend that skeletal variations and increased 
resorptions should be considered an artifact (i.e., occurring by chance 
rather than as a result of treatment), and should not be considered as 
evidence of developmental toxicity.
    EPA disagrees with the commenter. In both the rabbit and rat 
teratology studies cited in the proposed rule, developmental effects 
were observed at levels that were above the maternally toxic level 
(greater than 3 mg/kg for rabbits and greater than 6 mg/kg for rats). 
Furthermore, the effects observed cannot be considered an artifact, 
because in rabbits receiving 30 mg/kg, there is a continuation of the 
effects observed at 10 mg/kg, with an accompanying increase in the 
severity of the developmental findings. This shows that the effects are 
related to the dose received and do not occur by chance.
    EPA reaffirms that there is sufficient evidence for listing 
disodium cyanodithioimidocarbonate on the EPCRA section 313 list 
pursuant to EPCRA section 313(d)(2)(B) based on the available 
developmental toxicity data. Therefore, EPA is finalizing the listing 
of disodium cyanodithiomidocarbamate on the EPCRA section 313 list.
    25. Ethyl dipropylthiocarbamate (EPTC). Zeneca Incorporated states 
that in the study cited by EPA in the proposed rule in which rats were 
orally administered the test compound for 2 years, brain cholinesterase 
reductions were slight and only occurred at 120 mg/kg/day, not 15 mg/
kg/day. The commenter claims that neuromuscular changes occurred only 
after extended exposure, and are not relevant to listing on the EPCRA 
section 313 list.
    The commenter is referring to two studies cited in the proposed 
rule. A 2-year rat feeding study established a NOEL of 5 mg/kg/day and 
a systemic LOEL of 25 mg/kg/day with neuromuscular atrophy/degeneration 
and decreased body weight gains as the findings. At 125 mg/kg/day, the 
effects included chronic myocarditis, cataracts, increased SGOT and 
decreased RBC cholinesterase (ChE) activity. The neuromuscular and 
cardiac changes are serious and potentially irreversible effects. The 
second study is a 3-month feeding study in Sprague-Dawley rats. 
Although this study was not identified in the proposed rule, the 
results of the study were described. The systemic NOEL in this study 
was 3 mg/kg/day, and the LOEL was 15 mg/kg/day. The effects seen 
included increase in cardiomyopathy and decreased weight gain and food 
consumption. As noted by the commenter, brain ChE depression in this 
study in females was slight and occurred at 120 mg/kg/day and, taken by 
itself, is not sufficient for listing, however, when considered with 
other effects in a weight-of-evidence approach, this endpoint is 
supportive of listing. The commenter further states that the 2-year 
dietary rat study is old and has been superseded by another study (Ref. 
8), in which the NOEL was 25 mg/kg/day.
    The Agency agrees with the commenter's comment regarding the 
replacement of the older study with a newer study, but disagrees with 
the commenter's NOEL. The Agency's NOEL for this study is 5 mg/kg/day 
and not 25 mg/kg/day. However, the results of the older study 
demonstrate that heart effects of EPTC are seen in more than one study.
    The commenter further states that in the 2-generation rat 
reproduction study, cardiomyopathy was observed only in the F1A 
females and was incidental to treatment. EPA disagrees with this 
contention. The investigators did not look for this effect in other 
generations. Thus, there is no reason to conclude that this effect was 
not manifested in other generations. In addition, this type of adverse 
effect has been seen in other studies, such as the 2-year rat study and 
the 3-month rat study discussed above and cited in the proposed rule.
    The Agency believes that the cardiopathic finding at 10 mg/kg/day, 
degenerative cardiomyopathy, is the pivotal finding of toxicological 
significance for EPTC. EPA believes that this is a serious effect. 
Therefore, this effect cannot be considered incidental to treatment.
    The commenter further states that the neurological effects seen in 
the study are not relevant to the EPCRA section 313 due to prolonged 
exposure and the cardiovascular observations occurred at the highest 
dose tested in the studies cited.
    The cardiovascular effects occur after relatively short exposures 
at doses of 9 mg/kg/day in male rats and 18 mg/kg/day in female rats. 
These dose levels are sufficiently low and the adverse effects are 
serious and potentially irreversible. The Agency considers the 
neurotoxicity due to prolonged exposure to be relevant for purposes of 
listing on the EPCRA section 313 list. Releases of chemicals that 
induce adverse effects after prolonged exposure is among the type of 
information that Congress intended TRI to include.
    EPA reaffirms that there is sufficient evidence for listing EPTC on 
the EPCRA section 313 list pursuant to EPCRA section 313(d)(2)(B) based 
on the available neurological, cardiovascular, and reproductive 
toxicity data for this chemical. Therefore, EPA is finalizing the 
addition of EPTC on the EPCRA section 313 list.
    26. Fenoxaprop-ethyl. Hoechst-Celanese and Nor-Am Chemical indicate 
that the chronic interstitial nephritis reported at 80 ppm in the 3-
month dog study cited in the proposed rule ``was [a] non substance-
related, incidental finding since 12/24-months chronic treatment 
produced no comparable pathogenesis'' and that ``liver and kidney were 
not the target organs in dogs; effects were confined to reduced body 
weight gains at the highest concentration (75 ppm).''
    EPA disagrees with the commenters. The dietary levels of 
fenoxaprop-ethyl in the studies compared by the commenter were 0, 16, 
80, and 400 ppm and 0, 3, 15, and 75 ppm for the 3-month and 24-month 
studies, respectively; both studies are cited in the proposed rule. The 
microscopic findings in the 3-month study indicated that there was a 
dose response for chronic interstitial nephritis with inflammatory 
changes in the medulla and inner cortex. One half of the dogs were 
affected at 400 ppm, which is much higher than the highest dietary 
level in the 24-month study (75 ppm). Therefore, the inflammatory 
changes in the kidneys of treated dogs at 80 and 400 ppm in the 3-month 
study appear to be related to the ingestion of fenoxaprop-ethyl and, 
therefore, the kidney appears to be a target organ. The Agency did not 
cite liver effects in dogs as a basis for listing.
    EPA reaffirms that there is sufficient evidence for listing 
fenoxaprop-ethyl on the EPCRA section 313 list pursuant to EPCRA 
section 313(d)(2)(B) based on the available renal and developmental 
toxicity data for this chemical, and pursuant to EPCRA section 
313(d)(2)(C) based on the available environmental toxicity data. 
Therefore, EPA is finalizing the addition of fenoxaprop-ethyl on the 
EPCRA section 313 list.
    27. Fenoxycarb. Ciba-Geigy Corporation and Miles Incorporated 
disagree with the listing of fenoxycarb on the EPCRA section 313 list 
because they believe that the adverse hepatic effects observed in mice 
and rats (3-month dietary study and 2-year oncogenicity study, both 
cited in the proposed rule) are not sufficiently serious to support 
listing. They note that no evidence of neoplastic lesions was reported 
in the chronic studies. They further state that delayed pinna unfolding 
in the reproductive toxicity study in rats cited in the proposed rule 
is a reflection of slower growth only, and therefore should not be used 
to support listing.
    The Agency disagrees that the evidence does not support a finding 
that section 313(d)(2)(B) are satisfied. The effects in the chronic 
studies include focal necrosis, changes which are considered by the 
Agency to be serious and potentially irreversible in nature. The liver 
effects in the subchronic study demonstrate the progression of changes 
leading to necrosis in the chronic study. The Agency considers these to 
be serious adverse effects.
    The developmental effects (slight delays in pinna unfolding) were 
said by the commenter not to reflect developmental effects since 
development was complete and function apparently unaffected, and that 
these effects were considered a reflection of slower growth (reduced 
body weights) as were the differences in relative organ weights. The 
Agency considers reduced rat pup body weight and slower growth with 
resulting differences in organ weight to be effects that are indicators 
of potential hazard. The Agency's Developmental Risk Assessment 
Guidelines (Ref. 6) state ``A change in offspring body weight is a 
sensitive indicator of developmental toxicity, in part because it is a 
continuous variable. In some cases, offspring weight reduction may be 
the only indicator of developmental toxicity. While there is always a 
question as to whether weight reduction is a permanent or transitory 
effect, little is known about the long-term consequences of short-term 
fetal or neonatal weight changes. Therefore, when significant weight 
reduction effects are noted, they are used as a basis to establish the 
NOAEL.'' EPA, therefore, considers evidence of delayed development, 
including delayed pinna unfolding and reduced body weight gain, to be 
significant signs of developmental toxicity.
    EPA reaffirms that there is sufficient evidence for listing 
fenoxycarb on the EPCRA section 313 list pursuant to EPCRA section 
313(d)(2)(B) based on the available hepatic and developmental toxicity 
data for this chemical. Therefore, EPA is finalizing the addition of 
fenoxycarb on the EPCRA section 313 list.
    28. Fomesafen. Zeneca Incorporated states that clear species 
differences are evident which would suggest that peroxisome 
proliferation and consequential liver toxicity is not relevant to man.
    Zeneca Incorporated did not provide any new evidence which supports 
the lack of relevance of these effects to man. In the absence of 
evidence to the contrary, the Agency believes that liver toxicity, 
which is associated with peroxisome proliferation is relevant to the 
assessment of potential human health effects. As there is evidence of 
hepatic toxicity in three different rat studies at varying dosages and 
durations and one dog study, EPA reaffirms that there is sufficient 
evidence for listing fomesafen on the EPCRA section 313 list pursuant 
to EPCRA section 313(d)(2)(B) based on the available hepatic toxicity 
data for this chemical. Therefore, EPA is finalizing the addition of 
fomesafen on the EPCRA section 313 list.
    29. n-Hexane. The National Oilseed Processors Association and The 
National Cotton Council of America contend that EPA failed to perform a 
detailed hazard evaluation that culminated in a weight-of-evidence 
determination regarding the toxicity of n-hexane as required under the 
Agency's Draft Hazard Assessment Guidelines (Ref. 11). Commenters state 
that portions of EPA's support document were taken almost verbatim from 
the Agency's IRIS data base and that the Agency appears to have relied 
extensively on the IRIS summary previously prepared for n-hexane. 
Commenters state that EPA should have evaluated the merits and 
conclusions of each study separately.
    The IRIS data base that EPA cited in support of the listing of n-
hexane represents the Agency's weight-of-evidence hazard determination 
for chemicals contained in the data base. The information contained in 
the IRIS data base was developed after the Agency's thorough review of 
the available data on n-hexane. Therefore, by relying on the IRIS data 
base EPA did not fail to perform a detailed hazard evaluation of n-
hexane as required by the Draft Hazard Assessment Guidelines (Ref. 11).
    The same commenters state that based on EPA's screening criteria 
included in the Draft Hazard Assessment Guidelines (Ref. 11) if a 
substance produces neurotoxic effects at doses that are greater than 
500 mg/kg/day (i.e., if the lowest observable adverse effect level is 
500 mg/kg/day), then the substance would be placed in the 
``insufficient for listing'' category. Commenters went on to state that 
most of the studies that EPA-cited in support of the listing of n-
hexane indicated that n-hexane produces neurotoxic effects only at very 
high dose levels and in many cases significant effects are only seen at 
doses that exceed 500 mg/kg/day.
    EPA believes that the commenters have misinterpreted the screening 
criteria contained in the Draft Hazard Assessment Guidelines (Ref. 11). 
The criteria are based on the MED levels which are not LOAELs. These 
MED values are derived from the LOAELs and, therefore, the direct 
comparison of the screening criteria with LOAELs is inappropriate. 
However, EPA notes that significant effects from n-hexane are seen in 
quantities significantly less than 500 mg/kg/day, for example, a LOAEL 
of 204 mg/m3 (58 ppm, LOAEL(ADJ) of 73 mg/m3) was established 
for certain electrophysiological alterations in humans.
    These commenters made numerous specific comments concerning the 
adequacy of the studies summarized in IRIS used to support a chronic 
neurotoxicity finding for n-hexane. Commenters state that n-hexane is 
only toxic at very high levels if at all and that the data are not 
sufficient to support listing under EPCRA section 313. The commenters 
state that EPA failed to show how the data contained in the Support 
Document for the Addition of Chemicals from Section 112(b) of the Clean 
Air Act Amendments and Chlorinated Paraffins to EPCRA Section 313 (Ref. 
12) and the IRIS data base compare with the criteria for adding 
substances to the EPCRA section 313 list and how the Agency evaluated 
these studies in light of such criteria.
    In the Response to Comment Document (Ref. 14), EPA has addressed 
the specific comments concerning the adequacy of the studies used to 
support a chronic neurotoxicity finding for n-hexane. EPA agrees with 
the commenters that some of the studies included in the data base for 
n-hexane have limitations. However, the review of the comments and data 
have not changed EPA's position that the weight-of-evidence supports a 
finding of chronic neurotoxicity for n-hexane. The weight-of-evidence 
determination contained in the Agency's IRIS data base is the basis for 
determining that n-hexane can reasonably be anticipated to cause 
neurotoxicity in humans. EPA reaffirms that there is sufficient 
evidence for listing n-hexane on the EPCRA section 313 list pursuant to 
EPCRA section 313(d)(2)(B) based on the available neurotoxicity data 
for this chemical. Therefore, EPA reaffirms its determination that n-
hexane meets the listing requirements of EPCRA section 313.
    DuPont states that if EPA adds n-hexane (CAS No. 110-54-3) to the 
EPCRA section 313 list the Agency should clarify that isomers of n-
hexane are not included in the addition of n-hexane.
    EPA notes that the listing of n-hexane is for the straight chain 
(i.e., ``n'') isomer of hexane only as the chemical name and CAS number 
indicate. EPA does not believe that any special qualifier is needed to 
make the distinction between n-hexane and other isomers of hexane that 
are not included in this listing.
    30. 3-Iodo-2-propynyl butylcarbamate. Troy Corporation disagrees 
with the Agency's conclusion that no NOEL was achieved in the rat 
chronic toxicity/carcinogenicity study cited in the proposed rule. The 
commenter states that the non-neoplastic changes observed at the 40 mg/
kg/day and 80 mg/kg/day dose levels, while also present at the 20 mg/
kg/day dose level (lowest dose tested), were not statistically 
significant and therefore a NOEL was clearly established at this dose. 
The commenter also contends that non-neoplastic lesions of the stomach 
in rats are not relevant to humans.
    The Agency agrees with the commenter that the increases in 
nonneoplastic changes reported at 20 mg/kg/day were not statistically 
significant. However, the lack of a study NOEL was based upon decreased 
body-weight gain in males at 20 mg/kg/day (the lowest dose tested), not 
the nonneoplastic lesions. The non-neoplastic lesions reported at 40 
and 80 mg/kg/day are still considered serious enough to support a 
listing on the EPCRA section 313 list.
    The same commenter states that the simple findings of increased 
liver-to-body weight ratio found in the subchronic oral toxicity study 
in rats cited in the proposed rule as well as the incidence of non-
neoplastic stomach irritation found in the chronic toxicity/
carcinogenicity study cited in the proposed rule in rats is not of 
sufficient seriousness to warrant EPCRA section 313 listing. The 
commenter claims that neither study cited demonstrates a sufficiently 
known or reasonably anticipated adverse health effect in humans to 
warrant section 313 listing.
    EPA disagrees. The commenter provides no basis for the contention 
that the nonneoplastic lesions of the stomach in rats are not relevant 
to humans. The incidence of these lesions was dose dependent, and was 
apparent at both sacrifices. Moreover, incidence increased with 
duration of treatment. The Agency considers this effect to be serious 
in nature and not readily reversible, and therefore the chemical 
warrants listing. The liver-to-body weight ratio from the subchronic 
study is not in itself sufficient to warrant listing on the EPCRA 
section 313 list but is provided as corroborating information.
    EPA reaffirms that there is sufficient evidence for listing 3-iodo-
2-propynyl butylcarbamate on the EPCRA section 313 list pursuant to 
EPCRA section 313(d)(2)(B) based on the available chronic toxicity data 
for this chemical. Therefore, EPA is finalizing the addition of 3-iodo-
2-propynyl butylcarbamate on the EPCRA section 313 list.
    31. Iron pentacarbonyl. International Specialty Products contends 
that iron pentacarbonyl cannot reasonably be anticipated to cause 
significant adverse human health effects at concentration levels that 
are likely to exist beyond facility site boundaries because it rapidly 
decomposes.
    EPA disagrees. The Agency considered the instability of iron 
pentacarbonyl under certain conditions, such as high temparature and/or 
prolonged exposure to direct sunlight, in its original modeling of 
exposure to iron pentacarbonyl cited in the proposed rule. EPA believes 
that its modeling was based on reasonable reactivity data. EPA 
reiterates that its exposure assessment indicates that iron 
pentacarbonyl can reasonably be anticipated to be present at facility 
boundaries at concentration levels that would cause an adverse effect. 
EPA reaffirms that iron pentacarbonyl is sufficient for listing on the 
EPCRA section 313 list pursuant to EPCRA section 313(d)(2)(A) based on 
available acute toxicity and exposure data for this chemical. 
Therefore, EPA is finalizing the addition of iron pentacarbonyl on the 
EPCRA section 313 list.
    32. Lithium carbonate. FMC Corporation contends that although 
lithium is toxic at therapeutic levels, naturally occurring levels are 
below the toxic range and therefore, lithium carbonate poses no threat 
to the general population. The commenter also contends that there is no 
evidence that lithium carbonate 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 frequently 
recurring, releases.'' Thus, the commenter feels that there is no basis 
for the listing of lithium carbonate on the EPCRA section 313 list.
    The Agency is not proposing to list lithium carbonate on the basis 
of acute effects but on the basis of developmental effects. Therefore, 
the Agency does not need to determine that lithium carbonate 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 frequently recurring, releases,'' but rather must 
satisfy the section 313(d)(2)(B) criteria.
    As the commenter noted, lithium carbonate is a well-known 
developmental toxicant in both animals and humans at therapeutic levels 
and can cause life-threatening cardiac abnormalities in the developing 
human fetus. The commenter argues that lithium is toxic at therapeutic 
levels but not at naturally ``occurring levels.'' The Agency agrees 
that lithium may be toxic at therapeutic levels but also recognizes 
that use of lithium in a therapeutic setting is carefully controlled. 
Levels observed in a therapeutic setting may have little or no 
relationship to levels seen in an uncontrolled release setting. 
Furthermore, both the efficacy of lithium and its associated toxicity 
in humans is dependent upon individual sensitivity and can vary widely 
from individual to individual making uncontrolled release even more 
problematic. EPA reaffirms that there is sufficient evidence to list 
lithium carbonate under EPCRA section 313 pursuant to EPCRA section 
313(d)(2)(B) based on the available developmental toxicity data for 
this chemical. Therefore, EPA is finalizing the addition of lithium 
carbonate on the EPCRA section 313 list.
    33. Metam sodium. Buckman Laboratories International, Incorporated 
and Zeneca Incorporated state that the developmental toxicity studies 
cited in support of listing for metam sodium were rejected by the 
Agency to support the registration of a pesticide under FIFRA, and 
therefore should not be used. Further, they state that these data have 
been superseded by two new studies that have been accepted by the 
Agency, and that only the new studies should be considered for listing 
of metam sodium.
    The two earlier studies referred to by the commenters and cited in 
the proposed rule were submitted to the Agency under FIFRA. EPA's 
evaluation of those studies for purposes of FIFRA indicated that they 
did not fully satisfy the guidelines for developmental toxicity studies 
(Ref. 6); however, EPA did not reject these studies. EPA considers them 
sufficient as part of a weight-of-evidence evaluation, in determining 
the developmental toxicity of this chemical. The two new studies cited 
by the commenter have been reviewed by the Agency. The Agency found 
these studies to fully satisfy the guidelines (Ref. 6). However, these 
new studies do not supersede the previous studies nor did the Agency 
ignore them. Rather, all four studies were used together as part of the 
Agency's weight-of-evidence to evaluate the chemical. EPA does not 
ignore indications of potential toxicity simply because of study design 
flaws. A full discussion of these studies is contained in the Response 
to Comment Document (Ref. 14).
    Zeneca Incorporated further stated that the rat teratology study 
was a gavage study and not a dietary study. The commenter claims that 
this is an unrealistic route of human exposure.
    The commenter is correct in stating that the rat teratology study 
was a gavage study and not a dietary study. This does not diminish its 
appropriateness for consideration in the hazard assessment for listing. 
In fact, EPA requests that developmental toxicity studies be conducted 
by gavage, because this route allows for a more accurate assessment of 
the dose the animal actually receives.
    EPA reaffirms that there is sufficient evidence for listing metam 
sodium on the EPCRA section 313 list pursuant to EPCRA section 
313(d)(2)(B) based on the available developmental toxicity data for 
this chemical and its metabolite, carbon disulfide. Therefore, EPA is 
finalizing the addition of metam sodium on the EPCRA section 313 list.
    34. N-Methyl-2-pyrrolidone. IBM, American Automobile Manufacturers 
Association, and N-Methylpyrrolidone Producers Group object to the 
listing of N-methyl-2-pyrrolidone (NMP) on the EPCRA section 313 list. 
NMP Producers Group contends that the 2-generation reproductive study 
and the rabbit gavage developmental study cited in the proposed rule 
are flawed. NMP Producers Group further contends that the author of the 
2-generation rat reproductive study and an independent reviewer have 
reached similar conclusions.
    In reviewing the material submitted by the commenter, EPA failed to 
find a statement from the author that the study was flawed. The review 
of the 2-generation rat reproductive study by an independent reviewer 
did not find fault with the entire study but stated that it should not 
be used for risk assessment purposes. EPA agrees with this judgement 
but is not using this study for risk assessment purposes but rather as 
an indication of human health hazard. The Agency believes that the 
adverse effects seen in these studies are of sufficient seriousness to 
warrant listing under EPCRA section 313(d)(2)(B).
    NMP Producers Group also states that when the 2-generation 
reproductive study is evaluated taking into account the genetic 
fertility problem in the strain of male rats, the study establishes a 
NOAEL of 160 mg/kg rather than the NOAEL of 50 mg/kg cited in the 
proposed rule. The commenters also believe the study should not be 
considered because the variability in male fertility was not dose-
dependent.
    EPA does not agree that the NOAEL should be adjusted for the 
fertility problem of the strain of male rats used in the study. During 
the first mating on which EPA based its concern level (F2a) the 
high-dose male group exhibited a 24 percent reduction in the mating 
index. In addition, there was a statistically significant, dose-related 
reduction in the male fertility index; thus, the index was 93.1, 72.4, 
72.4, and 46.7 in the control, low-, mid-, and high-dose groups, 
respectively. The control value in this study is 93.1 percent, well 
within acceptable limits for any reproductive effects study and as seen 
the reduction in mating index is dose-related being 72.4 percent in the 
low- and mid-dose groups and 46.7 percent in the high-dose group. With 
a control value of 93.1 percent and using the concurrent controls as an 
index of mating performance for the males in this study, the Agency 
feels that there is no reason to adjust the NOAEL of 50 mg/kg to 
account for reduced fertility in the test animals. During the second 
mating (F2b), the male high-dose group exhibited a 31 percent 
reduction in the mating index, and again, there was a statistically 
significant, dose-related reduction in the male fertility index (83.3, 
69.0, 60.0, and 34.5 in the control, low-, mid-, and high-dose groups, 
respectively). The female high-dose group exhibited a 28 percent 
reduction in the fertility index, and again, there was a statistically 
significant, dose-related reduction in the fecundity index (92.6, 74.1, 
64.3, and 50.0 in the control, low-, mid-, and high-dose groups, 
respectively). Again, the Agency does not feel that a control value of 
83.3 percent fertility index in the control animals is abnormal and is 
more concerned with the dose-related decrease in fertility as an 
indication that NMP is a reproductive toxicant. EPA is also concerned 
with the decrease in fecundity index in the females and does not feel 
that the control value of 92.6 percent warrants any adjustment of NOAEL 
for reduced fertility or mating ability among males in the study.
    The Agency also disagrees with NMP Producers Group's contention 
that decreases in male fertility observed are not dose dependent. The 
data presented above clearly show a correlation between dose and 
decreased fertility.
    NMP Producers Group claims that the effects of NMP administration 
manifested only in the second generation of animals.
    EPA disagrees and believes that effects were manifested in the 
first generation. There was a reduction in fertility in the F1 
generation, histological evidence of reproductive effects including 
hypospermia and significant systemic toxicity in the F1 generation. In 
addition, EPA does not believe that it is unusual to see increased 
severity in the second generation since animals have either been 
treated for 2 generations or are the offspring of treated animals and 
cumulative effects or effects on the reproductive system of the first 
generation animals may manifest in the second generation.
    NMP Producers Group further believes that NMP is not a 
developmental hazard because EPA's conclusion is based on observations 
from what the commenter claims is a flawed reproductive study. The 
commenter adds that a considerable body of evidence supports the 
conclusion that NMP is not uniquely toxic to a developing fetus.
    EPA's conclusions about the developmental toxicity of NMP are based 
upon a rabbit gavage study and the developmental portion of the 2-
generation reproductive study referred to above and cited in the 
proposed rule. The rabbit gavage study showed a significant increase in 
resorptions and malformations (misshapen skull bone and cardiovascular 
malformations). The LOAEL for developmental toxicity in this study was 
540 mg/kg and the NOAEL was 175 mg/kg. The developmental portion of the 
2-generation reproductive effects study showed evidence of 
developmental toxicity in both generations after exposure to 500 mg/kg 
as demonstrated by reduced litter size, reduced postnatal survival, and 
reduced pup body weight. The Agency believes that despite the flaws in 
the study, the data described above clearly show evidence of 
developmental toxicity. In addition, EPA believes that the body of 
evidence supports the finding that NMP is uniquely toxic to the 
developing fetus and the information available to the Agency both from 
the rat developmental study and rabbit gavage study is sufficient to 
list NMP on the EPCRA section 313 list.
    EPA reaffirms that there is sufficient evidence to list N-methyl-2-
pyrrolidone under EPCRA section 313 pursuant to EPCRA section 
313(d)(2)(B) based on available developmental and reproductive toxicity 
data for this chemical. Therefore, EPA is finalizing the addition of N-
methyl-2-pyrrolidone on the EPCRA section 313 list.
    35. Molinate. Zeneca Incorporated contends that the observations 
attributed to the 35 mg/kg/day dose level in the rat developmental 
toxicity study ``in fact occurred at 140 mg/kg/day, the highest dose 
tested and were thus a consequence of maternal toxicity.'' The 
commenter states that the NOEL for that study was 35 mg/kg/day.
    The Agency does not agree that the NOEL for this study was 35 mg/
kg/day. The NOEL for developmental toxicity was 2.2 mg/kg/day based on 
an increase in runting at the next highest doses, 35 and 140 mg/kg/day. 
The other adverse effects listed in the comments for this study 
occurred only at the highest dose tested (140 mg/kg/day). The NOEL for 
maternal toxicity was 35 mg/kg/day and that the effects on the pups 
(runting) occurred at a dose level lower than the dose level found to 
be maternally toxic.
    The same commenter stated that the issue of whether molinate is a 
reproductive toxin on the basis of its adverse effect on fertility in 
rodents has been very extensively investigated with studies in rabbits, 
dogs, monkeys, and man, and these studies have shown ``conclusively 
that the effects seen in rodents is [sic] not relevant to man.''
    While EPA agrees that there has been extensive testing of molinate 
with respect to fertility, the data on the rabbit and dog do not 
support the commenter's contention that the effects seen in rodents are 
specific only to rodents. For example, in each of the fertility studies 
in rabbits, both an increase in pre-implantation loss and abnormal 
sperm were observed. These two consistent [reproducible] observations 
are suggestive of fertility effects, are two of the same observations 
found in rats and, although not as dramatic as observed in rats, cannot 
be negated. In the chronic dog study, lesions in male reproduction 
organs and effects on sperm were observed, which demonstrate that, at 
least in the males, the gonads are target organs for molinate. The lack 
of any effect on the limited parameters assessed in the male monkey 
studies lends little credence to the argument since only male monkeys 
were exposed to molinate, and no reproduction studies have been 
performed to assess reproductive performance. Since molinate is 
reaching the gonads in all species, not only in rodents as the 
commenter claims, molinate can reasonably be anticipated to cause 
fertility/reproductive effects in humans. Further, animals are accepted 
as surrogates for toxicity testing to predict potential hazard to 
humans, except in a few rare cases where effects have been determined 
to be species-specific [e.g., 2-globulin].
    The same commenter further contends that a NOEL of 2 mg/kg/day was 
established in the rat 2-year study, and that this study should not be 
used to evaluate the neurotoxicity of molinate because the study was 
not designed to evaluate that effect. Rather, the commenter contends 
that the ``definitive position on neurotoxicity has been determined by 
specific [neurotoxicity] studies.'' Zeneca Incorporated did not provide 
a reference for these ``specific studies.''
    EPA agrees that the NOEL for effects other than neurotoxic effects 
is 2 mg/kg/day in the chronic rat study. No NOEL for neurotoxic effects 
was established in that study. The LOEL for neurotoxicity in this study 
is 0.35 mg/kg/day. Although this study was not specifically designed to 
evaluate the neurotoxic effects of molinate, adverse neurological 
effects were reported. Further, they were substantiated by the findings 
from a 1-year study in dogs.
    The same commenter stated that the effects observed in the dog 
study were found at the highest dose administered for 1-year and were 
``largely a consequence of extended exposure'' and as such should not 
form a part of the EPCRA listing. The commenter implies that because 
this is a chronic adverse effect, the effect is not relevant to the 
EPCRA section 313 criteria.
    As specified in section 313(d)(2)(B), a chemical may be listed if 
it causes chronic toxicity. Thus, the comment is not relevant.
    EPA reaffirms that there is sufficient evidence for listing 
molinate on the EPCRA section 313 list pursuant to EPCRA section 
313(d)(2)(B) based on the available developmental, reproductive, and 
neurological toxicity data for this chemical. Therefore, EPA is 
finalizing the addition of molinate on the EPCRA section 313 list.
    36. Nitrate compounds (proposed as nitrate ion). American 
Automobile Manufacturers Association, Merck, and the Department of 
Energy disagree with EPA's proposal to list nitrate ion because an ion 
is not a chemical. Merck further states that nitrate ion ``exists only 
in aqueous media.'' The Chevron Companies, the Department of Energy, 
Chemical Manufacturers Association, and Air Products and Chemicals, 
Incorporated contend that in proposing to add nitrate ion to EPCRA 
section 313 the Agency actually proposed to add a category of chemicals 
that dissociate to generate nitrate ion. EPA agrees with the commenters 
that an ion does not meet the definition of a chemical for purposes of 
listing on the EPCRA section 313 list and that by proposing nitrate ion 
the Agency had, in effect, proposed the addition of a category of 
nitrate compounds that dissociate in water that are reportable only 
when in aqueous solution. Thus based on the comments provided by the 
commenters, the Agency is finalizing the addition of the following 
category: water dissociable nitrate compounds (reportable only when in 
aqueous solution). Qualifiers of this sort have been used to define the 
form of a chemical for which reports should be submitted, e.g., zinc 
(fume or dust). The qualifier following this listing 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. As with all other aspects of EPCRA section 313 
reporting, only the weight of the listed chemical is subject to 
threshold determinations. That determination does not include, for 
example the weight of the water or any other constituent in the 
solution other than the nitrate compound. Beyond the threshold 
determination, the amounts reportable on Form R should only include the 
mass of the nitrate portion of the compound in solution. This approach 
is consistent with guidance given for determining threshold and release 
amounts for metal compounds. EPA recognizes that most monitoring data 
available measure only the dissociated nitrate ion released and not the 
amount of total nitrate compounds from which the nitrate ion 
dissociated. Reporting of the amount of the total water dissociable 
nitrate compound in wastes would be complicated when more than one 
substance contributes to the nitrate ion content of the waste and when 
the nitrate compound is converted to a different substance due to waste 
treatment or other processes. It is therefore reasonable to require 
reporting of only the nitrate ion released in order to avoid confusion 
over the meaning of total compound released.
    EPCRA section 313 requires threshold determinations for chemical 
categories to be based on the total of all chemicals in the category 
manufactured, processed, or otherwise used. For example, a facility 
that manufactures three members of a chemical category would count the 
total amount of all three chemicals manufactured towards the 
manufacturing threshold for that category. One report is filed for the 
category and all releases are reported on this form.
    In the proposed rule, EPA discussed both the human health and 
environmental adverse effects attributable to nitrates. EPA continues 
to be concerned about the potential environmental impacts of nitrates. 
In today's action, EPA is adding nitrate compounds based on the adverse 
human health effects that the nitrate moiety causes. Nitrate causes 
methemoglobinemia. Methemoglobinemia, like carbon monoxide, interferes 
with the oxygenating capacity of the blood resulting in an under supply 
of oxygen to the tissues. In adults, cyanosis to lips and mucous 
membranes occurs at a level of 1.5 g/dL (10 percent saturation in an 
adult with normal hemoglobin levels). Levels between 30 percent and 50 
percent saturation in adults produce depression of the cardiovascular 
and central nervous systems; levels between 50 percent and 70 percent 
cause stupor, convulsions and respiratory depression and levels above 
70 percent are usually fatal. Because of increased requirement for 
oxygen in growing tissue and because of decreased blood volume in 
infants, they are much more sensitive to nitrate ion toxicity than 
adults. Infants have a lower activity of methemoglobin reductase and 
thus are more susceptible. Consequently adverse effects are seen at 
much lower levels in infants than in adults. Irreversible damage to 
organs such as the heart or brain, and the development of coronary 
artery disease or pulmonary disease are more likely to develop in 
infants because the anoxia caused by methemoglobinemia can occur more 
rapidly and have more devastating effects in growing tissue than in the 
``static'' tissue of the adult body. EPA believes that these are 
serious adverse effects that satisfy the criteria of EPCRA section 
313(d)(2)(B).
    37. Ozone. Many commenters opposed the addition of the CAA criteria 
pollutants (sulfur dioxide, sulfur trioxide (SOx), nitric oxide 
and nitrogen dioxide (NOx), carbon monoxide (CO), and ozone) to 
the EPCRA section 313 list since extensive data on these chemicals is 
already collected under the CAA.
    EPA agrees with the commenters that there are many complex issues 
associated with the extensive collection of data on these chemicals 
under the Clean Air Act. Therefore, EPA is deferring the listing of 
these chemicals for possible addition at a later time to address some 
of the issues involving the availability of data collected under the 
CAA. The Agency does not believe, however, that the listing of ozone 
should also be deferred. Emissions of ozone, also a criteria pollutant, 
are not captured under the CAA. The CAA mandates the collection of data 
on the releases of VOCs (VOCs react in the troposphere to generate 
ozone and other air pollutants), which are regulated to maintain the 
ambient air quality standard for ozone. EPA believes there are many 
other significant uses of ozone (e.g., wastewater treatment, bottled 
water purification, and chemical intermediate) that would be captured 
by EPCRA section 313 reporting. Accordingly, EPA does not believe that 
the finalization of ozone should be deferred. EPA reaffirms that ozone 
meets the EPCRA section 313(d)(2) criteria pursuant to EPCRA section 
313(d)(2)(B) and 313(d)(2)(C) based on the available toxicity data for 
this chemical. Therefore, EPA is finalizing the addition of ozone on 
the EPCRA section 313 list.
    38. Pebulate. Zeneca Incorporated comments that the neurological 
effects noted in the 1-year feeding study in dogs cited in the proposed 
rule occurred at the highest dose level (100 mg/kg/day), which was, by 
design, a toxic dose. Thus, the commenter claims that there is no 
reasonable hazard.
    The Agency disagrees. Although the highest dose tested is designed 
to elicit toxicity in the dogs, the presence of Wallerian type 
degeneration of the white matter of the spinal cord at the 100 mg/kg/
day dose level in dogs of both sexes is of considerable seriousness and 
cannot be dismissed only because it occurred at the highest dose 
tested. Although the dose eliciting degeneration of the spinal cord was 
the highest dose tested, 100 mg/kg/day, these adverse effects are of 
sufficient seriousness to warrant listing based upon the potential for 
similar effects in humans.
    In this study, the NOEL for the Wallerian type neurological lesions 
is 50 mg/kg/day. However, the NOEL in males is less than 5 mg/kg/day 
(LOEL based on findings of abnormal behavior, ataxia, severe 
convulsions, and congestion in both kidneys in one dog). In females, 
the NOEL was 5 mg/kg/day and the LOEL was 25 mg/kg/day with occurrence 
of blood in feces, increased absolute and relative liver weight, 
increase in severity of lipofuscin deposition in kidneys, and 
hemosiderin deposition in liver and spleen.
    EPA reaffirms that there is sufficient evidence for listing 
pebulate on the EPCRA section 313 list pursuant to EPCRA section 
313(d)(2)(B) based on the available neurological toxicity data for this 
chemical. Therefore, EPA is finalizing the addition of pebulate on the 
EPCRA section 313 list.
    39. Permethrin. Zeneca Incorporated states that the hepatic effects 
noted in the liver of rats and dogs are adaptive rather than toxic 
responses to the pyrethroid. The commenter further claims that there 
were no changes in liver weight relative to body weight.
    EPA does not agree that the incidence of liver weight increase is 
not a significant effect, or that there were no changes in liver weight 
relative to body weight. The liver weights, relative to bodyweight, 
were increased in all treated groups in the 2-year rat study. EPA 
believes that the hepatic changes noted in these studies represent a 
significant adverse effect.
    The same commenter contends that in the 2-year rat study cited in 
the proposed rule, ``the NOEL is also incorrectly stated as 5 mg/kg/
day, where EPA states a LOEL of 100 mg/kg/day.''
    The Agency disagrees with the commenter. The NOEL and LOEL should 
be 5 and 100 mg/kg/day, respectively. At 100 mg/kg/day there was an 
increase in alkaline phosphatase, liver weight and cellular swelling of 
the liver (indicative of typical smooth endoplasmic reticulum 
proliferation), and one male in the low dose group was affected, focal 
inflammation with degenerative change in the zona fasciculate and 
swelling and vacuolation ofcells in the zona reticularis of the 
adrenals and reduced body weight in females. EPA considers these to be 
serious adverse effects.
    EPA reaffirms that there is sufficient evidence for listing 
permethrin on the EPCRA section 313 list pursuant to EPCRA section 
313(d)(2)(B) based on the available hepatic toxicity data for this 
chemical, and pursuant to EPCRA section 313(d)(2)(C) based on the 
available environmental toxicity data. Therefore, EPA is finalizing the 
addition of permethrin on the EPCRA section 313 list.
    40. Phosphine. Coors Brewing Company states that only liquid 
phosphine can cause the health effects necessary to support a listing 
on the EPCRA section 313 list.
    Phosphine is a gas (the boiling point is negative 87.4  deg.C); it 
only occurs as a liquid when placed under reduced temperature and/or 
pressure. The acute toxicity data used to support the listing of 
phosphine is based on exposure to phosphine in the air (i.e., phosphine 
gas). Thus, EPA does not agree that only liquid phosphine could cause 
the health effects necessary to support listing under EPCRA section 
313. EPA reaffirms that there is sufficient evidence for listing 
phosphine on the EPCRA section 313 list pursuant to EPCRA section 
313(d)(2)(A). Therefore, EPA is finalizing the addition of phosphine on 
the EPCRA section 313 list.
    41. Polychlorinated alkanes (proposed as chlorinated paraffins). 
EPA proposed the addition of clorinated paraffins that consisted of 
polychlorinated alkanes. Occidental Chemical Corporation and the 
Chlorinated Paraffins Industry Association state that the proposed 
chlorinated paraffins category is really a category of chlorinated 
hydrocarbons since it covers a broad range of chlorinated hydrocarbons 
including chlorinated paraffins and chlorinated -olefins.
    EPA believes that there may be confusion over what is covered by 
the chlorinated paraffins category, as named, because the name 
chlorinated paraffins identifies a particular feedstock used to make 
this class of compounds. However, as discussed below, EPA believes that 
the chlorination of paraffins and -olefins results in products 
that do not differ significantly structurally, physically, or 
toxicologically. EPA believes that, rather than name the category based 
on one of the feedstocks used to make these compounds, a more 
appropriate name for the category is one that describes the actual 
members of the category. Therefore, because the members of this 
category are alkanes containing three or more chlorines, EPA is 
renaming this category polychlorinated alkanes. The new category name 
will not expand the scope of the category. EPA believes that the 
toxicity data for chlorinated paraffins is sufficient for all 
polychlorinated alkanes that fall within the same carbon number and 
chlorine content regardless of what materials where used to manufacture 
them.
    Courtlands Aerospace, ELF Lubricants North America, Incorporated, 
Tower Oil & Technology Company, National Oil Products, Incorporated, 
OxyChem, the American Automobile Manufacturers Association, the 
Association of International Automobile Manufacturers, Incorporated, 
the Specialty Steel Industry of the United States, the Independent 
Lubricant Manufacturers Association, Engineered Lubricants, Sealed Air 
Corporation, American Federation of Labor and Congress of Industrial 
Organizations, Chlorinated Paraffins Industry Association, and Far West 
Oil Company, Incorporated contend that the available toxicity data is 
insufficient to support the addition of chlorinated paraffins to EPCRA 
section 313. Some of these commenters state that they do not believe 
that EPA should create chemical categories such as that proposed for 
chlorinated paraffins on the EPCRA section 313 list. Some of these 
commenters state that the long-chain chlorinated paraffins have not 
been classified as ``probable human carcinogens'' by NTP or IARC. Some 
of these commenters made numerous specific comments concerning the 
adequacy of the studies used to support EPA's listing of chlorinated 
paraffins and pointed out flaws in the data for both long and short-
chain chlorinated paraffins. Some of the flaws that the commenters 
allege concern the studies used to support the listing of the short-
chain species and included: (1) Kidney tumors in male rats may be due 
to binding to 2-globin, a male rat-specific protein; 
(2) route of administration (forced gavage feeding); (3) corn oil as a 
vehicle; (4) use of the B6C3F1 mouse; (5) short-chain chlorinated 
paraffins are non-genotoxic in a variety of short-term assays; (6) 
peroxisome proliferation, liver growth in male and female rats and mice 
and stimulation of replicative DNA in rodents have not been shown to 
occur in guinea pigs indicating that they are mouse and rat specific 
and have no relation to tumor formation in humans; and (7) thyroid 
tumors may be a consequence of a perturbation in the metabolism of 
thyroxine. Some of the commenters contend that only the data on short-
chain chlorinated paraffins are sufficient to justify a listing on the 
EPCRA section 313 list and that EPA should limit the category to just 
the short-chain species.
    a. Long-chain chlorinated paraffins. IARC has not classified the 
long-chain chlorinated paraffins because there is insufficient evidence 
that they cause cancer in treated animals. The NTP found no evidence of 
cancer in male rats treated with 1,875 or 3,750 mg/kg/day for 24 months 
with long-chain chlorinated paraffins. Female rats treated with 900 mg/
kg/day showed marginal increases in adrenal gland tumors; female rats 
treated with 5,000 mg/kg/day had marginal increases in liver tumors. 
The only significant increase in tumor formation occurred in male mice 
which had a significant increase in malignant lymphomas. After further 
evaluation of the available data and considering the available 
statistics, the high background rate of lymphoma in the strain of mice 
used in the NTP bioassay and the statements made by the NTP Working 
Group and the Quality Assessment Narrative, which was submitted by the 
commenters, EPA agrees that there is insufficient evidence to conclude 
that the malignant lymphomas observed in male mice were treatment 
related and that long-chain chlorinated paraffins should not be 
classified as potential carcinogens. Therefore, the Agency concludes 
that there is insufficient evidence to list long-chain chlorinated 
paraffins on the EPCRA section 313 list.
    b. Short-chain chlorinated paraffins. IARC has classified the 
short-chain chlorinated paraffins as Group 2B, i.e., sufficient 
evidence for carcinogenicity in animals and probably carcinogenic in 
humans. Detailed responses to all of the comments concerning the 
toxicity of the short-chain species are contained in the Response to 
Comment Document (Ref. 14). Summaries of the responses to the most 
significant comments concerning flaws in the studies used to support 
the listing of the short-chain species are provided below.
    (1) The Agency agrees that the kidney tumors observed in rats are 
most likely not relevant to tumor formation in man because the male rat 
kidney possess a unique protein, 2-globulin which has 
been shown to be responsible for the development of rat liver kidney 
tumors, not only after administration of short-chain chlorinated 
paraffins but after administration of many other chemicals also. 
However, to state that chlorinated paraffins bind to a protein which is 
similar to 2-globulin and that this binding is not 
seen in guinea pigs as evidence that kidney tumor formation is not 
relevant to human tumor formation in this instance is not a convincing 
argument.
    (2) The Agency agrees that forced gavage feeding may not be a 
relevant route of administration when one is using the data for human 
risk assessment. In this instance, the data are being used as an 
indication of potential human hazard and EPA accepts the data as being 
indicative of such potential.
    (3) EPA believes that corn oil is an accepted vehicle of 
administration for many in vivo studies because it is relatively inert 
and has not been shown to interact with test agents.
    (4) The B6C3F1 mouse is the accepted test species of the NTP and 
EPA has no reason to question the NTPs choice of test species nor to 
discount results of cancer bioassays using this species.
    (5) EPA does not believe that non-genotoxicity is a sufficient 
reason to dismiss the relevance to man of tumor formation by the short-
chain chlorinated paraffins. Non-genotoxicity may be a factor in 
selecting a model to use for dose response estimation, once tumor 
formation has been established, but it is not a reason to disregard the 
significance of tumors which are formed by agents which are non-
genotoxic in short-term tests.
    (6) The Agency is not convinced that failure to observe liver 
growth, peroxisome proliferation in hepatocytes and stimulation of 
replicative DNA in guinea pigs is proof that these effects are specific 
to rats and mice and have no bearing on tumor formation in humans.
    (7) The Agency agrees that there was a perturbation of thyroxine 
levels in treated animals but does not agree that the observed tumors 
are therefore irrelevant.
    Therefore, the Agency finds that there is sufficient evidence for 
listing short-chain chlorinated paraffins on the EPCRA section 313 list 
pursuant to EPCRA section 313(d)(2)(B) based on the available 
carcinogenicity data for these chemicals.
    i. Ecotoxicity data. Courtaulds Aerospace, Occidental Chemical 
Corporation, and the American Automobile Manufactures Association 
contend that ecotoxicity data are only available for the short-chain 
(10 to 13 carbons, 59 percent chlorine) chlorinated paraffins. The 
commenters object to EPA assuming the same ecotoxicity for all members 
of the chlorinated paraffin category because of the potential 
difference in effects related to chain length and chlorine content.
    Although it was stated as such in the proposed rule, EPA did not 
intend to equate the ecotoxicity of the short-chain chlorinated 
paraffins with the ecotoxicity of other members of the category. The 
ecotoxicity data on the short-chain chemicals was provided as further 
support for the listing of the short-chain chemicals. However, as EPA 
is not finalizing the addition of the long-chained species, this issue 
is no longer relevant.
    ii. Chlorinated paraffins versus chlorinated -olefins. 
OxyChem, the American Automobile Manufacturers Association, the 
Association of International Automobile Manufacturers, the Independent 
Lubricant Manufacturers Association, and the Chlorinated Paraffins 
Industry Association correctly state that EPA's proposed definition of 
chlorinated paraffins does not exclude chlorinated -olefins. 
The commenters further contend that chlorinated paraffins and 
chlorinated -olefins are distinctly different chemicals with 
different physical, chemical, and biological properties.
    The information provided by the commenters does not substantiate 
their claim that chlorinated paraffins and chlorinated -
olefins are distinctly different chemicals with different physical/
chemical properties. The main difference between chlorinated paraffins 
and chlorinated -olefins that EPA is aware of is that 
chlorinated paraffins, typically manufactured from paraffin mixtures, 
are also mixtures whereas individual chlorinated -olefins can 
be manufactured in moderate to high purity. The issue is whether a pure 
chlorinated -olefin falls within the range of structural 
characteristics that vary in a chlorinated paraffin mixture. In this 
case, EPA believes that there are no significant structural differences 
between chlorinated paraffins and chlorinated -olefins. Both 
are primarily linear hydrochlorocarbons, and the degree of chlorination 
of both groups of substances can be controlled. Sixty percent 
chlorination of 1-dodecene, for example, would yield a product with the 
formula C12H19Cl7 and a molecular weight of 
approximately 411. Sixty percent chlorination of the short-chain grade 
paraffin mixture would yield a mixture of products with an average 
formula of C12H19Cl7 and an average molecular weight of 
approximately 411.
    The commenters claim that the chlorine positions in chlorinated 
-olefins differ significantly compared to the chlorine 
positions in chlorinated paraffins. EPA does not believe that 
chlorination at carbons 1 and 2 of the -olefins makes a 
significant difference in the majority of the isomers formed by both 
reactions and even if it did, there are no data that indicate that 
having two of the chlorines at carbons 1 and 2 is significant from a 
toxicity standpoint. The commenters do not substantiate their claim 
(mass spectral data submitted by one commenter is inconclusive and 
cannot be used in support, for or against, the commenter's position); 
EPA is not aware of experimental evidence that suggests that the 
possible variations in chlorine positions between the chlorinated 
paraffins and the chlorinated -olefins differ significantly 
from the variations possible within these two groups of substances. 
Since for the -olefins the first two chlorines are added at 
carbons 1 and 2, the relative amounts rather than type of each isomer 
formed may differ between the chlorination of paraffins and -
olefins, especially as the degree of chlorination decreases.
    The commenters' claim that chlorinated -olefins are 
distinctly different from chlorinated paraffins because their physical 
properties are very different is unjustifiable. As discussed in detail 
in the Response to Comment Document (Ref. 14), the physical properties 
of discreet chemicals cannot be compared to those of chemical mixtures. 
The commenters do not discuss specific differences between chlorinated 
paraffins and chlorinated -olefins and therefore do not 
substantiate their claim. They do, however, elaborate on the 
differences between structures within the chlorinated paraffins group, 
particularly those structures that represent the extremes in the 
C10 to C30 range. This discussion is therefore more relevant 
to the issue of listing categories versus individual chemicals 
discussed subsequently and does not address the issue of differences in 
the physical properties between chlorinated paraffins and chlorinated 
-olefins, discussed previously. Furthermore, EPA believes that 
the specific differences between structural extremes within the 
chlorinated paraffins group that the commenters elaborate on are trends 
that are also observed between structural extremes within the 
chlorinated -olefins group.
    A valid comparison of physical property data can only be made 
between two discreet substances of known purity or, in some cases, 
between two mixtures of chemicals with well defined compositions. EPA 
believes that an -olefin and a paraffin, both with the same 
chain length and both with the same degree of chlorination, are 
essentially identical structurally (especially if the degree of 
chlorination is high); the same isomers can be predicted for the 
chlorination of an -olefin and a paraffin of the same chain 
length. The physical properties of chlorinated -olefins and 
the corresponding chlorinated paraffins are therefore expected to be 
very similar. The differences in the chemical and physical properties 
that the commenters refer to are largely or completely due to the fact 
that the chlorinated paraffins are mixtures of different chain lengths 
while the chlorinated -olefins typically are composed of a 
single chain length.
    iii. Category definition. Since EPA has determined that only the 
short-chain species meet the listing requirements of EPCRA section 313, 
the polychlorinated alkanes category will be defined by the following 
formula and description: CxH2x-yCly; where x = 10 to 13 
and y = 3 to 12 and where the average chlorine content ranges from 40 
to 70 percent with the limiting molecular formulas set at 
C10H19Cl3 and C13H16Cl12.
    EPCRA section 313 requires threshold determinations for chemical 
categories to be based on the total of all chemicals in the category 
manufactured, processed, or otherwise used. For example, a facility 
that manufactures three members of a chemical category would count the 
total amount of all three chemicals manufactured towards the 
manufacturing threshold for that category. One report is filed for the 
category and all releases are reported on this form.
    42. Polycyclic aromatic compounds. In the proposed rule, EPA 
proposed the addition of a delineated polycyclic aromatic compounds 
(PAC) category that consisted of 28 polycyclic aromatic compounds. 
Alternatively, EPA proposed the addition of a PAC category based on the 
following broad definition: ``includes all chemical species from the 
polycyclic aromatic hydrocarbon, aza-polycyclic, thio-polycyclic, or 
nitroarene families where polycyclic means three or more fused rings. 
More specifically, it means any combination of three or more fused six 
or five membered hydrocarbon rings with at least two or more rings 
being aromatic. The structure may contain fused non-aromatic 5-membered 
rings, a ring nitrogen, a ring sulfur, one or more attached nitro 
groups, or one or more attached alkyl groups'' (January 12, 1994, 59 FR 
1832).
    Monsanto, The Chevron Companies, Amoco Corporation, Armco Steel 
Company, Mobil Oil Corporation, UNOCAL, Pennzoil, Phillips Petroleum 
Company, American Petroleum Institute, and the Department of Energy 
object to listing polycyclic aromatic compounds as a category and 
recommend that EPA list them separately as individual chemicals. 
American Coke and Coal Chemicals Institute and Mobil Oil Corporation 
state that if the chemicals are not individually listed then the 
proposed delineated category should be used. Koch Industries 
Incorporated, Texaco Incorporated, and the Wisconsin Department of 
Natural Resources object to the alternative proposal for a PAC category 
with the broad definition and recommend that EPA implement the 
delineated category approach. The Natural Resources Defense Council 
recommends that EPA use the broad category definition.
    EPA believes that polycyclic aromatic compounds should be listed as 
a delineated category rather than listed individually or defined under 
the broad category definition. Most if not all of the polycyclic 
aromatic compounds included in the category are not intentionally 
manufactured, they are byproducts and impurities from various 
industrial processes. As such, they occur as complex mixtures that are 
typically released or transferred together. EPA believes that for this 
class of compounds a category listing is the most appropriate way to 
track releases and transfers under EPCRA section 313 because members of 
this category are structurally similar and induce a similar toxic 
effect.
    The American Petroleum Institute, Mobil Oil Corporation, American 
Coke and Coal Chemicals Institute, Koch Industries Incorporated, 
Monsanto, The Chevron Companies, and Amoco Corporation state that 
analytical methodologies do exist to identify specific chemicals such 
as those proposed for the delimited PAC category; however, these 
analytical methodologies require a chemical-by-chemical analysis. They 
add that since a chemical-by-chemical analysis is required, there would 
be no reduction in the reporting burden for either a category based on 
the broad definition or for the proposed delimited category.
    EPA proposed the broad category definition approach as a possible 
way to reduce the reporting burden for a PAC category. However, the 
majority of the industries that would have to report do not agree that 
this will result in a reduction of their reporting burden, they believe 
that it will cause confusion over what chemicals are covered by this 
category, and do not believe that analytical methodologies exist to 
identify all of the thousands of chemicals that would be covered by a 
PAC category based on the alternative broad definition. EPA is 
therefore not finalizing the alternative proposal to create a PAC 
category based on the broad definition but is finalizing the proposed 
delimited PAC category as explained above.
    EPA believes that although it may be necessary to perform a 
chemical- by-chemical analysis for members of this delimited category, 
the most appropriate way to track releases and transfers under EPCRA 
section 313 is by creating this category as explained above.
    The Chevron Companies, Amoco Corporation, Mobil Oil, UNOCAL, 
Pennzoil, and the American Petroleum Institute state that polycyclic 
aromatic compounds share some physical and chemical properties but that 
this does not necessarily imply similar toxicities. These commenters 
state that the toxicity potentials vary widely among the polycyclic 
aromatic compounds but that the public tends to associate all members 
of a category with the most toxic chemical in the category.
    EPA recognizes that similarities in physical and chemical 
properties do not necessarily indicate that the ability to induce 
carcinogenic effect among the members of the polycyclic aromatic 
compounds category are identical. However, these compounds are 
chemically similar, induce the same toxicological effect 
(carcinogenicity), and typically are produced, released, and 
transferred as complex mixtures rather than individual chemicals. EPA 
therefore believes that it is appropriate to consider these compounds 
as a category.
    Mobil Oil Corporation contends that 11 of the PACs proposed for 
listing have been reviewed by IARC and found to have insufficient data 
in animals and no data in humans making the overall evaluation IARC-3 
or inadequate evidence of carcinogenicity.
    The 11 chemicals the commenter cites as being classified by IARC as 
a group 3 chemical, i.e., the chemical is not classifiable as to its 
carcinogenicity, are: carbazole (CAS No. 86-74-8); cyclopenta(cd)pyrene 
(CAS No. 27208-37-3); dibenz(a,c)anthracene (CAS No. 215-58-7); 
dibenz(a,j)anthracene (CAS No. 224-41-9); dibenzo(a,e)fluoranthene (CAS 
No. 5385-75-1); 2-methylchrysene (CAS No. 3351-32-4); 3-methylchrysene 
(CAS No. 3351-31-3); 4-methylchrysene (CAS No. 3351-30-2); 6-
methylchrysene (CAS No. 1705-85-7); 2-methylfluoranthene (CAS No. 
33543-31-6); and 1-nitropyrene (CAS No. 5522-43-0). The commenter is 
correct in that 10 of these 11 compounds have been classified as IARC 
group 3 chemicals. The 11th compound, 1-nitropyrene (CAS No. 5522-43-
0), was classified by IARC as a Group 2B chemical, i.e., a possible 
human carcinogen. The IARC classification and a review of the data 
indicate that the data is sufficient to support the listing of this 
chemical on the EPCRA section 313 list pursuant to EPCRA section 
313(d)(2)(B). A second compound, dibenzo(a,e)fluoranthene (CAS No. 
5385-75-1) was classified by EPA as a B2 category chemical, the 
chemical is a probable human carcinogen, which justifies its addition 
to EPCRA section 313 pursuant to EPCRA section 313(d)(2)(B). Upon 
further review of the other 9 IARC group C chemicals, the Agency 
believes that a more detailed review of their relationship to the 19 
PACs for which cancer data is available and is sufficient is necessary 
before they can be placed on the list on the basis of structure alone. 
Therefore, EPA will not add these 9 chemicals to the EPCRA section 313 
list at this time and the delineated category will consist of the other 
19 chemicals proposed for this category.
    EPCRA section 313 requires threshold determinations for chemical 
categories to be based on the total of all chemicals in the category 
manufactured, processed, or otherwise used. For example, a facility 
that manufactures three members of a chemical category would count the 
total amount of all three chemicals manufactured towards the 
manufacturing threshold for that category. One report is filed for the 
category and all releases are reported on this form.
    43. Potassium dimethyldithiocarbamate. Buckman Laboratories 
International, Incorporated states that the proposed listing of the 
chemical was based on the results of the rat and rabbit teratology 
studies, cited in the proposed rule, although neither study 
demonstrates evidence of developmental toxicity. They contend that the 
findings in the developmental studies should be considered an artifact.
    The findings in rabbits cannot be considered artifacts because 
there is a dose-related increase in the severity of developmental 
effects at 38 and 77 mg/kg. At 38 mg/kg, developmental toxicity was 
characterized by increased post implantation loss, malformations, and 
sternebral malalignments. At 77 mg/kg, there were reports of severe 
fetal and embryo lethality. EPA did not cite a rat study in the 
proposed rule as the commenter claims.
    EPA reaffirms that there is sufficient evidence for listing 
potassium dimethyldithiocarbamate on the EPCRA section 313 list 
pursuant to EPCRA section 313(d)(2)(B) based on the available 
neurological toxicity data for this chemical. Therefore, EPA is 
finalizing the addition of potassium dimethyldithiocarbamate on the 
EPCRA section 313 list.
    44. Prometryn. Ciba-Geigy Corporation states that marked renal and 
hepatic degenerative changes were noted in the high-dose dogs only in 
the 2-year dog study cited in the proposed rule. The commenter further 
claims that although minor liver effects were seen in rats in the 28-
day study cited in the proposed rule, there were no liver effects in 
rats after 90 days at dose levels up to 5,000 ppm. This 90-day study 
that the commenter cited was not cited by EPA in the proposed rule. 
Thus, the commenter does not believe that the data support the addition 
of this chemical to the EPCRA section 313 list.
    EPA disagrees with the commenter. In the 2-year dog feeding study, 
prometryn induced degenerative changes in liver and kidney and bone 
marrow atrophy at 37.5 mg/kg/day (LOEL, the NOEL is 3.75 mg/kg/day). 
Although the dose eliciting degenerative changes in liver and kidney 
and bone marrow atrophy was the highest dose tested, these adverse 
effects are of sufficient seriousness to warrant listing based upon the 
potential for similar effects in humans. Further, the findings of the 
2-year dog study and the 28-day rat study, cannot be discounted based 
solely on of the results of the 90-day study referred to by the 
commenter. Rather EPA has considered all of the data in concluding that 
prometryn meets the criteria for addition to the EPCRA section 313 
list.
    The commenter questions the use of the rabbit developmental 
toxicity study because only a slight effect (if real) was noted at the 
highest dose tested, and was not statistically significant. Although 
the use of the rabbit developmental toxicity study may not be 
justified, and the potential for developmental effects therefore not 
supported, EPA reaffirms that there is sufficient evidence for listing 
prometryn on the EPCRA section 313 list pursuant to EPCRA section 
313(d)(2)(B) based on available hepatic, renal, and bone marrow 
toxicity data. Therefore, EPA is finalizing the addition of prometryn 
on the EPCRA section 313 list.
    45. Propachlor. Monsanto contends that the developmental toxicity 
study in rabbits cited in the proposed rule was a study that was 
rejected by the Agency. Monsanto further stated that in this study ``a 
slight decrease in viable fetuses, slight increase in post-implantation 
loss, and slight decrease in mean fetal weight was noted at the highest 
dose tested (116.7 mg/kg/day) which caused severe treatment-related 
maternal toxicity including death. An equivocal increase in post-
implantation loss on a percent basis was noted in the mid-dose (58.3 
mg/kg/day) level. Marginal developmental effects that were seen were 
not statistically significant and were within the historical control 
limits. Propachlor does not produce any observable maternal or fetal 
toxicity at 5.8 or 58.3 mg/kg/day. In addition, propachlor does not 
cause developmental toxicity in rats.'' Monsanto concluded that, based 
on the ``weight of evidence from the rat and rabbit studies, there does 
not appear to be any developmental risk to humans.''
     The Agency does not concur with the commenter's statement that 
``propachlor does not produce any observable maternal or fetal toxicity 
at 5.8 or 58.3 mg/kg/day dose levels,'' nor with the statement that 
``the marginal developmental effects that were seen were .... within 
the historical control limits.'' The Agency's rationale for the 
disagreements are as follows:
    In a developmental toxicity study in rabbits, oral administration 
of propachlor at 116.7 mg/kg/day caused maternal toxicity as evidenced 
by death, clinical signs [salivation and reduced defecation], decreased 
body weight gain and food consumption, and gross pathological lesions 
of the stomach. Developmental toxicity at 58.3 and 116.7 mg/kg/day 
included dose-related increases in the total number of resorptions/
litter and post-implantation losses compared to concurrent and/or 
historical controls.
    Based on these findings, it is apparent that the developmental 
effects seen at 58.3 and 116.7 mg/kg/day levels are attributable to 
propachlor; the NOEL was 5.8 mg/kg/day.
    EPA reaffirms that there is sufficient evidence for listing 
propachlor on the EPCRA section 313 list pursuant to EPCRA section 
313(d)(2)(B) based on the available developmental toxicity data for 
this chemical. Therefore, EPA is finalizing the addition of propachlor 
on the EPCRA section 313 list.
    46. Propargyl alcohol. International Specialty Products is opposed 
to the listing of propargyl alcohol apparently because an uncertainty 
factor of 3,000 was used by EPA in setting the RfD. The commenter feels 
that an uncertainty factor of 100 would have been more appropriate and 
cites instances where such an uncertainty factor has been used by IRIS 
in setting reference doses. The commenter does not question the renal 
or hepatotoxicity cited in IRIS as a basis of its concern.
    The commenter is correct in stating that EPA has used uncertainty 
factors of 100 for other chemicals. However, that was not deemed 
appropriate in this instance for reasons which are set out by EPA in 
the IRIS data base. EPA continues to support the listing of propargyl 
alcohol under EPCRA section 313 on the basis of chronic toxicity which 
may pose a significant health hazard as manifested by renal and hepatic 
effects. The uncertainty factor plays no part in this decision. EPA 
reaffirms that there is sufficient evidence for listing propargyl 
alcohol on the EPCRA section 313 list pursuant to EPCRA section 
313(d)(2)(B) based on the available hepatotoxicity and nephrotoxicity 
data for this chemical. Therefore, EPA is finalizing the addition of 
propargyl alcohol on the EPCRA section 313 list.
    47. Propiconazole. Ciba-Geigy Corporation states that the increased 
incidence of liver tumors in the oncogenicity study on propiconazole 
was noted only in male mice in the high dose (2,500 ppm), which 
exceeded the MTD, based on decreased survival and body weight gain.
    EPA believes that the study high dose (2,500 ppm, equivalent to 325 
mg/kg/day) was excessively toxic; however, the Agency also determined 
that the mid dose (500 ppm, equivalent to 65 mg/kg/day) was not 
considered sufficiently high to evaluate the carcinogenic potential of 
propiconazole. The Agency believes that a supplementary study should be 
conducted in male mice at doses selected to sufficiently evaluate 
carcinogenic potential without excessive toxicity. At this time 
however, based on the currently available evidence, propiconazole 
remains classified as a Group C, possible human carcinogen, with the 
RfD approach recommended for quantification of human risk.
    The commenter further states that relatively minor gastrointestinal 
effects were noted in dogs at the high dose only (250 ppm).
    EPA believes that the data in both the 3-month and 1-year dog 
studies demonstrate gastrointestinal effects at the high-dose (250 ppm, 
equivalent to 6.25 mg/kg/day). These effects are considered severe, 
and, therefore, are of sufficient seriousness to warrant listing 
propiconazole on the EPCRA section 313 list.
    EPA reaffirms that there is sufficient evidence for listing 
propiconazole on the EPCRA section 313 list pursuant to EPCRA section 
313(d)(2)(B) based on the available hepatic and gastrointestinal 
toxicity data for this chemical. Therefore, EPA is finalizing the 
addition of propiconazole on the EPCRA section 313 list.
    48. Simazine. Ciba-Geigy Corporation objects to the listing of 
simazine under EPCRA section 313 based on reports of liver, kidney, 
testicular and neural pathology in sheep and increases in liver enzymes 
in a dog 2-year study. The commenter maintains that the sheep study was 
conducted to investigate the possible effects that would result if 
large amounts of simazine were ingested by this species. The commenter 
also states that in a 1-year study there were some indications of 
effects on the hematopoietic system but not the hepatic system at the 
high dose of 1,500 ppm.
    In a 1-year study, NOEL and LOELs of 0.68 and 3.41 mg/kg/day, 
respectively, were established based on decreased body weight gain, and 
decreased RBC, HGB, HCT in females. Although the sheep study was 
conducted for a purpose other than to investigate the overall toxicity 
of simazine, this does not negate the relevance of its results. EPA 
reaffirms that there is sufficient evidence for listing simazine on the 
EPCRA section 313 list pursuant to EPCRA section 313(d)(2)(B) based on 
the available hepatic, renal, neurological, and reproductive toxicity 
data for this chemical. Therefore, EPA is finalizing the addition of 
simazine on the EPCRA section 313 list.
    49. Sodium nitrite. American Automobile Manufacturers Association 
contends that EPA has proposed listing on the basis of chronic toxicity 
but the support document cites studies based on high dose, acute 
exposures. High dose gestational studies in rats and mice were also 
cited as the basis for developmental (fetal) toxicity.
    EPA agrees that the human studies cited in the proposed rule are 
acute studies. However, these studies in conjunction with the chronic 
study in mice, which showed reduced motor activity and major EEG 
changes in treated animals, support the basis for concern for chronic 
neurological effects. EPA thus considers sufficient indication of a 
potential chronic neurologic hazard to list this chemical on the EPCRA 
section 313.
    There were two developmental studies in mice and one reproductive 
study in rats cited in the proposed rule which showed effects on the 
fetal development whether sodium nitrite was administered during 
gestation or lactation. The doses used in the studies with mice, 30 and 
80 mg/kg/day, respectively, are not abnormally high for this type of 
study; the dose range reported for the rat reproductive study, 26 to 
256 mg/kg/day is also not abnormally high. The results from all three 
studies indicate that sodium nitrite induces developmental effects in 
animals and are sufficient to make a determination that the chemical is 
a potential health hazard in man.
    EPA reaffirms that there is sufficient evidence for listing sodium 
nitrite on the EPCRA section 313 list pursuant to section 313(d)(2)(B) 
based on the chronic hematological and developmental toxicity data for 
this chemical. Therefore, EPA is finalizing the addition of sodium 
nitrite on the EPCRA section 313 list.
    50. Triallate. Monsanto contends that the hepatic health effects 
listed in the proposed rule for triallate are trivial effects that do 
not provide sufficient evidence that triallate causes hepatic toxicity. 
In addition, Monsanto claims that pregnant rats exhibited abnormal 
behavioral signs at 90 but not at 30 mg/kg/day.
    Although the Agency agrees that there is not sufficient evidence 
for hepatotoxic potential of triallate, the Agency does not concur with 
the commenter that ``pregnant rats exhibited abnormal behavioral signs 
at 90 but not at 30 mg/kg/day.'' Head bobbing and circling, clear signs 
of neurotoxicity, were observed in pregnant females at 30 mg/kg/day. 
Males and non-pregnant females did not exhibit these clinical signs. 
These data suggest that pregnant rats are more susceptible to the 
neurologic potential of triallate than the general population.
    The commenter noted the existence of a subchronic neurotoxicity 
study in rats and indicated that this study provides a better 
estimation of the neurotoxic potential of triallate than the 2-
generation reproduction study.
    The Agency agrees that the subchronic neurotoxicity study in rats 
(Ref. 10) provides a clearer picture of the neurotoxic potential of 
triallate. The Agency has reviewed this study and concludes that the 
results indicate the neurotoxic potential of triallate and further 
corroborates the findings cited by EPA in the proposed rule.
    Thus, the Agency reaffirms that there is sufficient evidence for 
listing triallate on the EPCRA section 313 list pursuant to EPCRA 
section 313(d)(2)(B) based on the available chronic neurotoxicity data 
for this chemical. Therefore, EPA is finalizing the addition of 
triallate on the EPCRA section 313 list.

G. Chemicals Not Being Added to EPCRA Section 313

    1. 5-Chloro-2-(2,4-dichlorophenoxy)phenol. Ciba-Geigy Corporation 
and The Dial Corporation contend that insufficient evidence is 
available to support the conclusion that 5-chloro-2-(2,4-
dichlorophenoxy)phenol poses a risk of hematological toxicity to humans 
based on handling and uses of the product.
    Based on these comments and EPA's reanalysis of the data, the 
Agency has concluded that the information presented in the proposed 
rule is not sufficient to justify adding 5-chloro-2-(2,4-
dichlorophenoxy)phenol to the EPCRA section 313 list based upon 
potential human hazard. Therefore, EPA is not finalizing the addition 
of this chemical on the EPCRA section 313 list.
    2. Clomazone. FMC Corporation claims that clomazone induces adverse 
effects only at high dose levels.
    The Agency agrees with the commenter. Based on these comments and 
EPA's reanalysis of the data, the Agency has concluded that the 
information presented in the proposed rule is not sufficient to justify 
adding clomazone to the EPCRA section 313 list based upon potential 
human hazard. Therefore, EPA is not finalizing the addition of this 
chemical to EPCRA section 313.
    3. Tetrasodium ethylenediaminetetraacetate. Eight commenters 
contend that the proposed listing for this chemical was based solely on 
a single, unreliable developmental toxicity study which used a mixture 
that contained tetrasodium ethylenediaminetetraacetate along with 
several other chemicals.
    EPA concedes that the effects cannot be attributed solely to 
tetrasodium ethylenediaminetetraacetate. Therefore, the Agency is not 
finalizing the addition of tetrasodium ethylenediaminetetraacetate on 
the EPCRA section 313 list.

H. Miscellaneous Comments

    1. Year-to-year comparisons of the TRI data. BP America, Texaco, 
and American Automobile Manufacturers Association contend that the 
proposed expansion of the EPCRA section 313 list will eliminate any 
consistency with earlier TRI data and make tracking environmental 
progress impossible. American Automobile Manufacturers Association 
further states that EPA needs to ensure that the ``total TRI releases 
and transfers'' measurement system allows accurate interpretation of 
the data, allowing the public to realistically assess progress in 
pollution prevention. Also, the commenters add that considerable 
confusion results in trying to explain the different data sets to the 
public. Mobil Oil Corporation states that EPA should divide the list 
into three sub-groups so that a facility's history can be tracked on a 
more common basis.
    EPA recognizes that changes in the EPCRA section 313 list and in 
the reporting requirements have an effect on the characterization of 
the TRI data. In fact, some change has occurred for every reporting 
year. In an attempt to provide useful year-to-year comparisons, EPA has 
presented the TRI data annually on a normalized list of chemicals, 
i.e., the list of chemicals used for year-to-year comparisons is the 
same for every year in the comparison. EPA further recognizes the 
effect that expansion of the EPCRA section 313 list will have on the 
TRI data and will continue to work to find ways to make the data 
useable for cross-year comparisons. EPA will use the 1995 reporting 
year as the base year for comparisons that include the chemicals added 
today. Facilities should still be able to track pollution prevention 
progress for those chemicals previously listed (using 1988 as the base 
year) and have a new base year for the additional chemicals which can 
be used to track future pollution prevention progress.
    2. Public perceptions. Roussell Uclaf Corporation, National Paint 
and Coatings Association, Association of International Automobile 
Manufacturers, and American Frozen Food Institute oppose the listing of 
these chemicals under EPCRA section 313 because of the public's 
misperception of the associated dangers. American Automobile 
Manufacturers Association (AAMA) states that since the public considers 
all chemicals on the EPCRA section 313 list to be toxic, any chemical 
on the list is subject to adverse scrutiny, regardless of the actual 
risks associated with the chemical. While recognizing past efforts by 
EPA towards public education, AAMA believes that misunderstanding and 
misinterpretation of the data still exists which makes it more critical 
that EPA not expand the list with low risk chemicals. Texaco and AAMA 
believe that before the Agency expands the EPCRA section 313 list, 
resources should be committed to provide public education on actual 
risks portrayed by the data and educate the public on viable means of 
chemical risk reduction and chemical management.
    The chemicals that are listed under EPCRA section 313 exhibit a 
wide range of effects at various dose levels. While EPA attempts to 
communicate the TRI data in the most accurate manner, the Agency 
recognizes that there exists the perception that the TRI data may 
sometimes be mischaracterized, but that does not justify not adding a 
chemical for which the statutory criteria are clearly met. EPA agrees 
that the better approach to such a problem is improving public 
information on the chemical, which, combined with the release, 
transfer, and waste management data will enable the public to 
participate in informed environmental decision-making. EPA continues to 
attempt to provide the public with means for interpreting the TRI data.
    3. Persistent bioaccumulative chemicals. In the proposed rule, EPA 
requested comment on whether chemicals that are manufactured in trace 
amounts in waste streams, are highly toxic at very low dose levels and 
have physical, chemical, or biological properties that make the 
chemicals persist for extended periods in the environment, and 
bioaccumulate through the food chain should be listed on the EPCRA 
section 313 list (January 12, 1994, 59 FR 1791). EPA noted that 
persistent bioaccumulative toxic chemicals, such as dioxins, are of 
particular concern in ecosystems such as the Great Lakes Basin due to 
the long retention time of the individual lakes and the cycling of the 
chemical from one component of the ecosystem to another. EPA also 
requested comment on the following: If EPA were to add this type of 
chemical to EPCRA section 313, what modifications to EPCRA section 313, 
such as lowering the reporting thresholds and modifying the de minimis 
in mixture exemption (40 CFR 372.38), would be required to ensure that 
release and transfer information would be collected? In addition to two 
comments opposed to the addition of this type of chemical, EPA received 
35 comments supporting the addition of toxic persistent bioaccumulative 
chemicals. The majority of these commenters also supported lowering the 
reporting thresholds for this type of chemical.
    Monsanto and Dow Chemical Company object to the addition of 
persistent bioaccumulative chemicals that are produced in quantities 
less than the EPCRA section 313 reporting thresholds. The commenters 
state that many of the persistent, bioaccumulative toxic compounds 
which are of concern are no longer manufactured in the United States, 
and are merely present in the environment due to historical activities 
and not current activities.
    EPA disagrees with this contention. EPA's request for comment 
focused on chemicals that are generated in small quantities. This is 
not limited to chemicals produced as a product, but includes chemicals 
that are generated in waste streams. Many persistent, bioaccumulative 
toxic chemicals are produced in waste streams. Further, EPCRA section 
313 requires the reporting of chemicals manufactured in waste streams 
if the quantity produced exceeds the appropriate reporting threshold.
    Monsanto further claims that ``the amounts of these particularly 
dangerous substances coming from industrial facilities are so small 
that they can have no measurable impact on health or the environment.''
    EPA disagrees that releases of these chemicals are so low that they 
will not have an adverse effect upon human health or the environment. 
The persistent bioaccumulative aspects of these toxic chemicals are 
such that even very small quantities released can reasonably be 
anticipated to cause adverse effects upon human health and the 
environment.
    Monsanto also states that the concept of different reporting 
thresholds suggests that this threshold would be proportional to the 
relative hazard. Thresholds for practically non-toxic chemicals may be 
very high using this concept.
    EPA requested comment on lowering the thresholds for these 
chemicals not so that the reporting thresholds for chemicals listed on 
the EPCRA section 313 list would be proportional to the relative hazard 
of the chemicals. Rather, EPA requested comment on lowering the 
threshold for persistent bioaccumulative chemicals because even minimal 
releases of these chemicals may result in elevated concentrations in 
the environment or in an organism that can reasonably be anticipated to 
result in significant adverse effects. This reflects the increased 
likelihood that there will be exposure to a chemical that persists due 
to its longer residence time in the environment. Repeated minimal 
releases of a persistent chemical may result in elevated concentrations 
in the environment. For a chemical that bioaccumulates, even low levels 
of the chemical in the environment may result in increased 
concentrations in an organism. Thus, lower thresholds for these 
substances would be considered due to the persistent and 
bioaccumulative nature of the substances, rather than the direct 
hazard.
    In its next action to add chemicals to the EPCRA section 313 list, 
the Agency intends to consider the addition of chemicals that are 
persistent and bioaccumulate. EPA also intends to consider lowering the 
reporting thresholds for these additional chemicals and those chemicals 
that are persistent and bioaccumulate that are now on the EPCRA section 
313 list. Accordingly, comments received in response to EPA's request 
for comment on the potential addition of persistent bioaccumulators 
will be addressed in the future rulemaking if these chemicals are 
proposed for addition.
    4. Additional chemicals. The Wisconsin Department of Natural 
Resources states that the EPCRA section 313 chemical list should be 
expanded to include the six chemicals listed in section 112(b) of the 
CAA not currently included on the EPCRA section 313 list or as part of 
the January 12, 1994 proposal.
    EPA has reviewed all of the chemicals listed under section 112(b) 
of the CAA not currently on the EPCRA section 313 list and has 
determined that the remaining chemicals either do not meet the current 
listing criteria or no reports would be received since their production 
volumes are below reporting thresholds.
    5. Hormone mimics. The National Wildlife Federation recommends that 
EPA add to the section 313 list all chemicals with estrogenic or other 
hormone-mimicking qualities, and the reporting thresholds and de 
minimis exemption for mixtures eliminated for these chemicals.
    EPA agrees that the deleterious effects of hormone mimicking 
chemicals may warrant their future review for listing on the EPCRA 
section 313 list. Although the effects of these chemicals are difficult 
to predict, and it is often impossible to establish a clear cause/
effect relationship, still it is clear from the available evidence that 
these chemicals warrant consideration. Wide scale changes in wildlife 
and human populations have been noted by some researchers. Population 
decreases and reproductive effects have been linked to these chemicals 
in a number of wildlife species, including but not limited to bears, 
Florida panthers, songbirds, and bald eagles, to list just a few. 
Possibly of greater concern are the effects of these chemicals in 
humans. In addition to the carcinogenic potential of many of these 
chemicals, effects on fertility, immune system damages, and many 
childhood problems have been attributed to hormone-mimics. A number of 
the chemicals with widespread distribution in the environment reported 
to have reproductive and endocrine-disrupting effects (Ref. 1) are 
either already on the EPCRA section 313 list, or are being added as a 
result of this action. EPA may consider reviewing the remaining 
chemicals on this list as part of a future action.
    As to removing the reporting thresholds and de minimis exemption 
for the hormone-mimicking chemicals already on the section 313 list, 
these possibilities will be examined at the time that modifying the 
reporting thresholds and de minimis exemption for persistent and 
bioaccumulative chemicals is addressed. As many of the hormone 
mimicking chemicals are also either persistent or bioaccumulative they 
could be included as part of such a review.

I. Comment on EPA's Regulatory Impact Assessment

    Comments that are specific to individual chemicals or chemical 
categories are addressed in the Response to Comments Document (Ref. 
14).
    Many commenters state that EPA's Regulatory Impact Analysis (RIA) 
failed to meet the requirements of Executive Order 12866, which 
mandates regulatory planning and review. The commenters state that: (1) 
The RIA for the proposed rule did not analyze any alternatives other 
than adding the 313 chemicals and chemical categories to the EPCRA 
section 313 list, (2) that it excluded the economic effects due to 
complying with state, local and other federal requirements that are 
triggered when a chemical is listed under EPCRA section 313, and (3) 
that it did not analyze the benefits of the rule. Many commenters also 
contend that small business impacts were understated in the RIA, and 
that the time required for compliance is higher than estimated in the 
RIA. These comments and the Agency's responses are discussed below.
    1. Alternatives. The commenters believe that the RIA should have 
included alternatives to adding all of the proposed chemicals and 
chemical categories to the EPCRA section 313 list. In response to these 
comments, EPA has revised the RIA to include a variety of alternatives, 
such as adding the CAA criteria air pollutants, not adding chemicals 
regulated under FIFRA, not adding the water dissociable nitrate 
compounds category, and adding the proposed chemicals in conjunction 
with an alternate reporting threshold for facilities with low-levels of 
TRI chemicals in wastes. The commenters requested that EPA present the 
costs for adding each individual chemical. EPA cannot provide the costs 
on an individual chemical basis because the estimates for most of the 
chemicals were derived from confidential business information. 
Displaying the costs for each chemical could disclose this confidential 
information.
    2. Linked requirements. Numerous commenters state that the RIA 
excludes the costs of compliance with state, local and other federal 
requirements that are triggered when a chemical is listed under EPCRA 
section 313. The linked requirements that the commenters raise include 
state taxes and fees, state pollution prevention planning requirements, 
special requirements for certain National Pollutant Discharge 
Elimination System (NPDES) storm water permits, and requirements for 
federal facilities under Executive Order 12856. EPA has revised the RIA 
to discuss state and federal requirements that are linked to reporting 
under EPCRA section 313. However, EPA has not quantified the costs of 
such requirements. In some cases, this is because there is insufficient 
data to make a reasonable estimate. In other cases, EPA does not 
believe that the requirements represent a social cost. The requirements 
that may be linked to listing under EPCRA section 313 are discussed 
below.
    a. State fees. Thirteen states place a tax or fee on facilities 
filing TRI Form R reports. These states are Colorado, Florida, Iowa, 
Kansas, Maine, Massachusetts, Minnesota, Mississippi, Nevada, Ohio, 
Pennsylvania, South Dakota, and Texas. Many commenters estimate that 
the costs resulting from state fees and taxes linked to EPCRA section 
313 reporting are up to 50 percent of the direct cost of filing the 
forms, and state that any tax is likely to induce a reduction in 
economic welfare. EPA has revised the RIA to discuss state fees and 
taxes that are linked to reporting under EPCRA section 313. However, 
the taxes and fees are not direct social costs, and EPA does not 
believe that there is sufficient information to estimate the net social 
costs or benefits of these requirements.
    The commenters treat state taxes and fees on the EPCRA section 313 
reports as costs, but these are transfer payments and not economic 
costs to society. Specifically, the standard definition of a cost in 
economics is the consumption of a resource (e.g., labor, equipment, 
natural resources, etc.). A tax or fee is a transfer payment from one 
party to another. While the fee is a cost to the firm (and/or its 
customers), it is income to the state. No resources are consumed, 
except for transaction costs, so the amount of the fee is not a cost to 
society.
    EPA disagrees with the commenters' contention that any tax or fee 
is likely to induce a reduction in economic welfare. EPA believes that 
taxes or fees on toxic chemicals may resolve a market failure and 
increase social welfare. The use of toxic chemicals often creates a 
negative externality. For instance, releases of a chemical may cause 
health and environmental effects in the surrounding community. In such 
cases, it is likely that private costs are below true social costs, 
because private markets do not provide an adequate incentive for firms 
to internalize these externalities. In such cases, taxes may be the 
optimal method to correct the market failure. EPA believes that if the 
commenters feel that the fees are not set at the level that optimizes 
social welfare, their remedy lies with the appropriate state agency, 
and not EPA.
    EPA does not feel that it is feasible to estimate the size of the 
transfer payment resulting from state fees and taxes linked to EPCRA 
section 313, or the net social costs or benefits of these payments. The 
commenters made their estimates by applying the maximum state fees to 
all facilities nation-wide. EPA does not feel that such a calculation 
is appropriate. Most states have no fees or taxes linked to EPCRA 
section 313 reporting, and the level of the fees or taxes (and how they 
are assessed) is different in each of the rest of the states, varying 
from $25 to $50,000. Many of the state requirements are not flat fees, 
but are graduated depending on the level of releases that a facility 
reports. An accurate representation of the size of the transfer 
payments would require estimating the geographic distribution of new 
reports, and the level of releases and transfers for each report. EPA 
feels that it is not possible to predict with a reasonable degree of 
accuracy the location and level of releases for facilities that will 
report on the chemicals being added to the EPCRA section 313 list.
    Nor is it feasible to accurately estimate the net social costs or 
benefits of the state fees and taxes. To do so would require knowing 
not only the size of the transfer payments, but the damages caused by 
the use and release of the chemicals, and the change in behavior that 
would result from the fees and taxes. EPA does not have adequate 
information on the facilities that would be affected by the rule to 
make such estimates. As a result, the RIA has been revised to 
qualitatively discuss state fees and taxes linked to EPCRA section 313 
reporting, but does not estimate the size of the resulting transfer 
payments, or the net social costs or benefits.
    b. State pollution prevention programs. Seven states (Arizona, 
Maine, Massachusetts, Minnesota, Mississippi, New Jersey, and Texas) 
mandate pollution prevention plans from facilities reporting under 
EPCRA section 313. Facilities in these states that are reporting to TRI 
for the first time because of the additions to the chemical list will 
have to prepare pollution prevention plans. Although the development of 
pollution prevention plans imposes a cost on facilities, the RIA did 
not analyze the costs of these requirements. Many commenters contend 
that there are significant costs for preparing such plans, and that the 
RIA should have included these costs.
    Quantifying the impacts of state pollution prevention requirements 
would require predicting which facilities reporting for the additional 
chemicals would be located in these seven states. As stated above, it 
is not possible to accurately predict the geographic location of new 
reporters. Thus, no costs are estimated for state pollution prevention 
plans in the RIA.
    Nor does the RIA quantify the benefits derived from these pollution 
prevention planning requirements. None of the commenters submitted any 
evidence comparing the social benefits of such requirements to the 
costs. Therefore, EPA has no information from which to conclude that 
the linked requirements for state pollution prevention plans would 
reduce the net social benefits of adding chemicals to EPCRA section 
313.
    EPA has not quantitatively estimated either the costs of state 
pollution prevention planning requirements or the benefits of such 
programs in the RIA. However, the RIA has been revised to qualitatively 
discuss requirements that are linked to EPCRA section 313 reporting, 
including pollution prevention plan preparation.
    c. NPDES storm water permits. EPA issued National Pollutant 
Discharge Elimination System (NPDES) ``baseline'' general permits for 
storm water discharges associated with industrial activity on September 
9, 1992 (57 FR 41236). EPA subsequently proposed a multi-sector storm 
water industrial permit covering 29 industrial sectors (November 19, 
1993, 58 FR 61147). The ``baseline'' general and multi-sector general 
permits have special pollution prevention requirements for certain 
EPCRA section 313 facilities, and the ``baseline'' permits also contain 
special monitoring requirements. Many commenters assert that the RIA 
underestimates the costs of the rule by a factor of up to 5.6 by not 
including the costs of NPDES storm water permit requirements that are 
triggered by adding chemicals to the EPCRA section 313 list.
    EPA believes that the commenters' estimates are based on a cost 
scenario that is not applicable to the typical facility affected by the 
proposal to add chemicals under EPCRA section 313. There are four 
reasons that the commenters' estimates are not generally appropriate. 
Any of these reasons alone demonstrate that the commenters have 
overestimated the number of facilities that are affected and the the 
size of the impact. Because there may also be a significant overlap 
among the four, the commenters' estimates are likely to apply to few, 
if any, facilities. The commenters' estimates would not apply to all 
facilities affected by the rule, as the commenters contend.
    First, only a fraction of the facilities that would report under 
EPCRA section 313 for the additional chemicals would be affected by the 
NPDES storm water permits. A facility that submits TRI Form R is only 
subject to storm water permitting requirements if industrial materials 
or activities are exposed to storm water, and if the facility is 
reporting to TRI for one of the section 313 water priority chemicals. 
Only about two dozen of the chemicals being added to the EPCRA section 
313 list qualify as section 313 water priority chemicals, and thus 
would be covered by the NPDES requirements. About half of these are 
pesticides, which would not be manufactured or processed at many 
facilities.
    Second, EPA expects the majority of facilities to have existing 
containment systems that meet most of the requirements of the NPDES 
permits. Third, many of the costs for the storm water requirements are 
likely to apply at the facility level. In such cases, facilities that 
installed systems for the current EPCRA section 313 chemicals will not 
face incremental costs for the additional chemicals. Fourth, the 
special requirements of the NPDES storm water permits are based on the 
coverage of EPCRA section 313 at the time the permits were issued. The 
NPDES requirements do not apply to chemicals that are added to the 
EPCRA section 313 list until the time of permit renewal (which occurs 
every 5 years), and may not apply in subsequent permits, depending on 
the Agency's decisions at the time those permits are issued.
    In addition, the commenters based their estimates solely on the 
upper bound of EPA's estimates for the NPDES permits, and have ignored 
the mix of low-cost and high-cost facilities that is likely to exist. 
EPA believes that the commenters' estimate is a hypothetical ``worst-
case'' scenario that does not apply to the typical facility and may not 
apply to any facilities. EPA believes that the costs of the storm water 
requirements for the proposed chemicals will be relatively minor. 
Again, EPA has revised the RIA to qualitatively discuss the linkage 
between EPCRA section 313 reporting and the NPDES storm water, but it 
has not made any quantitative estimates of these costs.
    d. Executive order 12856. Executive Order 12856, signed by the 
President in August 1993, extends the coverage of EPCRA to federal 
facilities. In addition, section 3-303(a) of the Executive Order states 
that ``Each federal agency shall establish a plan and goals for 
eliminating or reducing the unnecessary acquisition by that agency of 
products containing extremely hazardous substances or toxic chemicals'' 
(emphasis added). The Executive Order defines ``toxic chemical'' as a 
substance on the list described in section 313 of EPCRA. Many 
commenters contend that the cost to the federal government and the 
private sector of complying with Executive Order 12856 for the 
chemicals being added to EPCRA section 313 will be $1.5 billion per 
year.
    EPA does not believe that the effects of Executive Order 12856 
should have a bearing on the decision-making regarding the addition of 
toxic chemicals to EPCRA section 313. EPA believes that following the 
commenters line of reasoning would discourage the federal government 
from ever making any changes in procurement, for whatever reason, 
because doing so might have an impact on a supplier. Furthermore, EPA 
believes that there is insufficient data to make any estimate of the 
effects of the Executive Order, and that the resources required to make 
such an estimate would exceed the value of the information.
    EPA notes that section 3-303(a) of the Executive Order does not 
require the elimination of toxic chemicals in federal procurement. If 
the performance characteristics of a toxic chemical or product 
containing a toxic chemical are critical in the required tasks, federal 
agencies may continue to purchase it. Each federal agency must make its 
own determination whether a particular toxic chemical is necessary in a 
particular use.
    The Executive Order requires that federal agencies eliminate or 
reduce the unnecessary procurement of extremely hazardous substances or 
toxic chemicals. None of the commenters identify which toxic chemicals 
are being unnecessarily purchased by the federal government, and which 
federal agencies are making these unnecessary purchases. Without such 
information, EPA cannot verify the commenters' claim that the addition 
of chemicals to EPCRA section 313 will create significant impacts as a 
result of the Executive Order. If these chemicals are not being 
purchased by the federal government, or are not being purchased 
unnecessarily, there will not be an impact.
    The commenters' estimate of $1.5 billion in costs is based solely 
on a series of assumptions, which are not supported by data. EPA does 
not believe that the commenter's analysis was based on a careful 
analysis of any factual information. EPA has no data with which to 
replace these assumptions. Given EPA's belief that effect of the 
Executive Order should not have a bearing on the rulemaking (as well as 
the limitations of the Executive Order, the small amount of procurement 
that would be affected, and the ability of producers to sell to private 
sector clients or manufacture substitutes), EPA does not believe that 
there is a need to develop any data on these factors.
    The Executive Order states that ``the environmental, energy and 
economic benefits of energy and water use reductions are very 
significant,'' and that ``the federal government has the opportunity to 
realize significant economic as well as environmental benefits of 
pollution prevention.'' The Executive Order provided a mandate for the 
federal government to reduce its unnecessary use of toxic chemicals. 
EPA believes that the proposal to add chemicals to the section 313 list 
complements this mandate. Furthermore, EPA hopes that federal agencies 
will comply with the spirit of the Order, and reduce their unnecessary 
use of toxic and hazardous chemicals, whether or not these chemicals 
are listed on the EPCRA section 313 list. EPA believes that, by 
definition, the social benefits cannot exceed the social costs for an 
unnecessary toxic chemical, and social welfare can be improved by 
switching to a substitute product. Therefore, EPA believes that any 
actions federal agencies take to meet their obligations under Executive 
Order 12856 will have a positive net benefit.
    3. Benefits. Many commenters assert that the RIA did not show any 
benefits to adding chemicals to the EPCRA section 313 list of 
chemicals. The commenters appear to have made these statements because 
EPA did not make a quantitative estimate of the benefits associated 
with the rule.
    There are two types of benefits associated with EPCRA section 313. 
The first type of benefit is due to improvements in understanding, 
awareness, and decision-making related to the provision and 
distribution of information. The second type of benefits derive from 
changes in behavior that result from the information reported to TRI. 
These benefits include reduced environmental and health risks, and 
reduced treatment and disposal costs: These changes in behavior come at 
some cost to society. Because the current state of knowledge about the 
economics of information is not highly developed, EPA has not attempted 
to quantify the pure information benefits of adding chemicals to the 
EPCRA section 313 list. Because of the inherent uncertainty in the 
chain of events, EPA has also not attempted to quantify the benefits or 
the costs of the changes in behavior that result from the information. 
EPA does not believe that there are adequate methodologies to make 
reasonable quantitative estimates of either type of benefits. However, 
EPA believes that its qualitative discussion of the effects of the 
current TRI program show that such benefits do exist. The information 
on the additional chemicals is expected to improve scientific 
understanding of the environment and health risks, foster greater 
community awareness of industrial activities, and allow Federal, state, 
and local authorities to make better informed decisions on acceptable 
levels of toxic chemicals in communities.
    Instead, EPA has drawn its conclusions about the net benefits of 
adding chemicals to EPCRA section 313 by inference. In enacting EPCRA 
and the PPA, Congress implicitly determined that the net benefits of 
reporting was positive for the original list of 320 chemicals and 
categories. EPA's interpretation of the statutory toxicity criteria is 
more stringent than Congress' original determination because EPA has 
deleted 12 chemicals from the original list of 320 chemicals and 
categories developed by Congress. EPA believes that all of the 
chemicals being finalized meet the statutory toxicity criteria of 
section 313, and are at least as toxic as some of the chemicals for 
which Congress believed there were net benefits due to reporting. Thus, 
by inference, the net benefits of reporting for the chemicals added in 
this rulemaking should be positive as well.
    EPA believes that the experience of the past 5 years shows that 
reporting under EPCRA section 313 has produced real gains in 
understanding about exposure to toxic chemicals. EPA sees no reason why 
the information on the additional chemicals will provide less 
understanding than the currently reported chemicals have provided.
    4. Small business. Under the Regulatory Flexibility Act (5 U.S.C. 
sections 601 - 612), agencies must prepare an analysis of small 
business impacts for proposed rules. Many commenters contend that small 
business impacts were understated in the RIA, and they question EPA's 
conclusion that the rule will not have a significant impact on a 
substantial number of small entities. EPA believes that the commenters 
have significantly overestimated the costs of the rule, and that the 
commenters' estimates of small business impacts are not valid. EPA has 
provided additional analysis in the RIA for the final rule that 
demonstrates that the rule will not have significant cost impacts on 
small entities.
    EPA believes that, whether or not the proposed rule would have had 
significant cost impacts on small entities, the Agency has subsequently 
met its obligations under the Regulatory Flexibility Act. Where a 
proposed rule would have significant impacts on small entities, the Act 
requires EPA to identify and consider (but not necessarily adopt) 
alternatives that minimize the impact on these entities, while 
accomplishing the stated objectives of the applicable statute.
    Elsewhere in this issue of the Federal Register, EPA is finalizing 
a rule establishing an alternate threshold for low-levels of TRI 
chemicals in waste that would otherwise meet the reporting requirements 
under EPCRA section 313. Such facilities can submit an annual 
certification statement in lieu of a TRI Form R. EPA estimates that 
facilities will require an average of 34 hours to comply with the 
requirements for a certification statement, compared to 53 hours for a 
TRI Form R. The alternate reporting threshold will apply to the 
chemicals being added under EPCRA section 313 by this rule as well as 
chemicals currently listed under EPCRA section 313.
    EPA's guidelines for implementing the Regulatory Flexibility Act 
state that ``The alternatives considered for the purpose of fulfilling 
the Act's requirements need not be restricted in applicability to small 
entities. Regulatory alternatives that prove to be more cost-effective 
for small entities often will be more cost-effective for larger 
entities as well. For example, alternatives that place lesser burden on 
facilities with lower emission levels, lower production levels, etc., 
should be analyzed in conjunction with fulfilling the Act's 
requirements even though such alternatives may not ease the burden on 
all (or even most) small entities and may benefit large entities as 
well as small ones.''
    Because EPA has considered, and adopted, an alternative that places 
lesser burden on facilities with lower emission levels, EPA believes 
that it has met the requirements of the Regulatory Flexibility Act. The 
alternate threshold will provide significant relief for small 
businesses that will report for the proposed chemicals, which is the 
intent of the Act.
    5. Reporting burden. Many commenters report that the time required 
for compliance with EPCRA section 313 is higher than that estimated in 
the RIA. Commenters estimates of the time required to prepare a TRI 
Form R and perform the necessary recordkeeping vary from 91 to 2,000 
hours, compared with EPA's estimate of 53 hours.
    The unit time estimates used by EPA are average values. EPA 
recognizes that large multi-divisional, multi-departmental facilities 
may require more than the average time to comply. As with any average, 
some facilities will be above the average and others will be below it. 
However, there are many other facilities subject to the rule that are 
not large, multi-divisional or multi-departmental. These facilities 
will typically have a simpler compliance process.
    The variability among facilities is evident in comments on the rule 
submitted by a large chemical manufacturing company, that provided 
estimates showing that it spends an average of 28 hours for each TRI 
Form R that is submitted to compile information, perform calculations, 
prepare the TRI Form R and maintain records. This includes the time 
spent on compliance determination for chemicals that are below 
threshold levels. This is less than EPA's estimate of 53 hours for the 
same activities.
    While some of the commenters may require more time than average to 
comply with the rule, other companies require less time than average. 
EPA believes that its time estimates are a reasonable average for the 
manufacturing sector as a whole.

V. Rulemaking Record

    The record supporting this final rule is contained in the docket 
number OPPTS-400082B. All documents, including an index of the docket, 
are available in the TSCA Nonconfidential Information Center (NCIC), 
also known as the TSCA Public Document Office, from noon to 4 p.m., 
Monday through Friday, excluding legal holidays. TSCA NCIC is located 
at EPA Headquarters, Rm. NE-B607, 401 M St., SW., Washington, DC 20460.

VI. References

    (1) Colborn, T., F.S. fom Saal A.M. Soto. Developmental Effects of 
Endocrine-Disrupting Chemicals in Wildlife and Humans. Environmental 
Health Perspectives 101:378-384.
    (2) DeRosa, Stara and Durkin Ranking Chemicals Based on Chronic 
Toxicity Data, Tox. and Ind. Health, Vol. 1, No.4, (1985)
    (3) NAS/NRC. Risk Assessment in the Federal Government: Managing 
the Process. National Academy Press, Washington, DC (1983)
    (4) USEPA/OHEA. Risk Assessment Guidelines for Carcinogen Risk. 
U.S. Environmental Protection Agency, Cincinnati, OH. (1987).
    (5) USEPA/OHEA. The Risk Assessment Guidelines of 1986. U.S. 
Environmental Protection Agency, Washington, DC (1987)
    (6) USEPA/OHEA. Guidelines for Developmental Toxicity Risk 
Assessment. U.S. Environmental Protection Agency, Washington, DC (1991) 
[56 FR 63805]
    (7) USEPA/OHEA. Draft Report: Principles of Neurotoxicity Risk 
Assessment; Notice. U.S. Environmental Protection Agency, Washington, 
DC (1993) [58 FR 41556]
    (8) USEPA/OPP. EPTC-RS-DCI. Evaluation of Two-Year Chronic Rat 
Study (Accession Nos. 254335, 254336, 254337, 254338, and Addendum to 
Final Report (Accession Nos. 258076, 260057). U. S. Environmental 
Protection Agency, Washington, DC (1986)
    (9) USEPA/OPP. Support Document for the Addition of Chemicals from 
Federal Insecticide, Fungicide, Rodenticide Act (FIFRA) Active 
Ingredients to EPCRA Section 313. U. S. Environmental Protection 
Agency, Washington, DC (1993).
    (10) USEPA/OPP. Triallate: Subchronic Neurotoxicity Study in Rats. 
U.S. Environmental Protection Agency, Washington, DC (1994).
    (11) USEPA/OPPT. Revised Draft Hazard Assessment Guidelines for 
Listing Chemicals on the Toxic Release Inventory. U. S. Environmental 
Protection Agency, Washington, DC (1992).
    (12) USEPA/OPPT. Support Document for the Addition of Chemicals 
from Section 112(b) of the Clean Air Act Amendments and Chlorinated 
Paraffins to EPCRA section 313. U. S. Environmental Protection Agency, 
Washington, DC (1993).
    (13) USEPA/OPPT. Support Document for the Health and Ecological 
Toxicity Review of TRI Expansion Chemicals. U. S. Environmental 
Protection Agency, Washington, DC (1993).
    (14) USEPA/OPPT. Response to Comments Received on the January 12, 
1994 Proposed Rule to Expand the EPCRA Section 313 List. U. S. 
Environmental Protection Agency, Washington, DC (1994).

VII. Regulatory Assessment Requirements

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993) the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. Under section 3(f), 
the order defines as ``significant'' those regulatory actions likely to 
lead to a rule (1) Having an annual effect on the economy of $100 
million or more, or adversely and materially affecting a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local or tribal governments or communities 
(also referred to as ``economically significant''); (2) creating 
serious inconsistency or otherwise interfering with an action taken or 
planned by another agency; (3) materially altering the budgetary 
impacts of entitlements, grants, user fees, or loan programs; or (4) 
raising novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in this Executive 
Order.
    EPA has prepared a Regulatory Impact Analysis (RIA) in conjunction 
with this rulemaking. A copy of this document (titled ``Regulatory 
Impact Analysis of the Final Rule to Add Various Chemicals and Chemical 
Categories to the EPCRA Section 313 List of Toxic Chemicals'') is 
available in the TSCA NCIC (See Unit V. of this preamble), for review 
and copying.
    EPA has estimated that the total costs to industry of adding the 
new chemicals to the EPCRA section 313 list is approximately $99 
million in the first year and $49 million each year thereafter. Costs 
to EPA are approximately $1 million per year.

   Table 2.-Summary of Cost Comparison Between Proposed and Final Rule  
------------------------------------------------------------------------
                                                         Final Rule with
                     Proposed Rule       Final Rule         Alternate   
                                                            Threshold   
------------------------------------------------------------------------
Number of          313                2861              286             
 chemicals and                                                          
 chemical                                                               
 categories                                                             
Number of new      2,404              1,225             1,225           
 facilities                                                             
Total number of    7,049              3,509             3,509           
 facilities                                                             
Number of TRI      28,196             14,036            10,548          
 Form Rs                                                                
 submitted                                                              
Number of annual   0                  0                 3,488           
 certifications                                                         
 submitted                                                              
First year         $160.4 million     $99 million       $92.8 million   
 industry costs                                                         
Subsequent year    $88.5 million      $48.8 million     $44.3 million   
 industry costs                                                         
EPA Costs          $2.1 million       $1.1 million      $0.9 million    
------------------------------------------------------------------------

    Source-RIA. The results for the alternate threshold are based on 
a 500 pound level of total waste.
    1This includes 39 chemicals as part of two delineated 
categories.

    The costs for the final rule are different from the costs for the 
proposed rule, as shown in Table 2. There are two reasons for this 
change. First, the number of chemicals and chemical categories added 
has decreased from 313 to 286, which reduced the number of reports that 
would be submitted. Second, the number of reports estimated for one 
chemical, water dissociable nitrate compounds (reportable only when in 
aqueous solution), was increased from 2,146 to 3,066 to account for 
facilities that create water dissociable nitrate compounds in aqueous 
solution through on-site biological treatment of wastewater.
    Elsewhere in this issue of the Federal Register, EPA is finalizing 
a rule establishing an alternate threshold for facilities with low 
amounts of a listed toxic chemical in waste (see Unit II. of this 
preamble). Qualifying facilities would be eligible to submit an annual 
certification statement instead of a TRI Form R. Because the time 
required for the alternate threshold is less than the time required for 
a TRI Form R, the cost of compliance with this rule will be lowered as 
a result. The effect of the alternate threshold on the chemicals being 
added by this rule is demonstrated in Table 2. Further information on 
the effect of the alternate threshold is presented elsewhere in this 
issue of the Federal Register.
    The costs described in Table 2 represent only those actions that 
are required by this rule. There are other requirements that are linked 
to reporting under EPCRA section 313, but which are not required by 
this rule. There are 13 states that place a fee or tax on facilities 
that file a TRI Form R or report to EPA under EPCRA section 313, and 7 
states that mandate pollution prevention plans from such facilities. 
EPA has also created special requirements for certain facilities with 
NPDES storm water permits that report under EPCRA section 313.
    Adding chemicals and chemical categories to the EPCRA section 313 
list may cause some facilities to incur additional costs through these 
linked requirements. These costs have not been monetized, but they 
should not be significant. The linked fees and taxes are transfers, and 
not social costs, and many of the reporting facilities will not be 
located in the 13 states with fees and taxes. Also, the NPDES and 
pollution prevention planning requirements are most likely to create 
costs for facilities that are new reporters. There will be 
approximately 1,225 new reporters as a result of this rule, although 
not all of these will be subject to the NPDES requirements, or be 
located in states with pollution prevention planning requirements. The 
linkage to the NPDES requirements is limited to about two dozen of the 
new chemicals, not all 286 chemicals and chemical categories being 
added.
    The market failure that this rule is intended to correct is the 
externality created by the lack of information available to citizens 
about the releases and transfers of toxic chemicals in their 
communities. Taking no action would allow this externality (and the 
resultant social costs) to continue. It is expected that this 
rulemaking will generate benefits by providing citizens with access to 
information that otherwise would not be available to them. The benefits 
of the rule itself are limited to improvements in understanding, 
awareness and decision-making related to the provision and distribution 
of information.
    EPA believes that the rulemaking can reasonably be anticipated to 
indirectly yield health and environmental benefits by leading to 
reductions in the releases and transfers of toxic chemicals. These 
changes in behavior come at some cost to industry. The net benefits of 
the follow-on activities are the difference between the benefits of 
decreased chemical releases and transfers, and the costs of the actions 
needed to achieve them. As noted above, EPA has not quantified the 
benefits of this rule or the follow-on activities.
    This action was submitted to OMB for review, as required by 
Executive Order 12866, and any comments or changes made in response to 
OMB suggestions or recommendations have been documented in the public 
record.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 requires each Federal agency 
to perform a Regulatory Flexibility Analysis for all rules that are 
likely to have a ``significant impact on a substantial number of small 
entities.'' EPA investigated the potential impact of the proposed rule 
on small businesses, and has prepared a Final Regulatory Flexibility 
Analysis (FRFA). This assessment has been included as part of the RIA 
and is summarized below.
    In assessing small business impacts, EPA calculated the costs 
incurred by two hypothetical facilities that are supplier notification 
facilities reporting to the TRI for the first time. Facilities were 
assumed to file only Form Rs, instead of any annual certification 
statements. Thus, the results are based on conservative assumptions. 
The first facility files a report for a single new chemical, while the 
other files reports for four new chemicals. For each hypothetical 
facility, annual regulatory costs were calculated and compared to 
average annual sales.
    The cost impact ratios were calculated based on the average annual 
sales of those facilities currently reporting under EPCRA section 313 
for which annual sales and employee figures could be obtained from Dun 
Bradstreet. The Dun Bradstreet data base was used instead of Census 
data on the assumption that facilities that report under EPCRA section 
313 are not uniformly distributed throughout the entire population of 
facilities in each size category. EPA believes that it is reasonable to 
assume that facilities reporting under EPCRA section 313 have, on 
average, larger annual sales than the typical facility in an industry. 
Therefore, the annual sales of current reporters should be a more 
appropriate measure than the sales of all facilities in an industry.
    A small business was defined as having fewer than 50 employees. 
Although a more detailed break-down of size categories would have 
allowed for a closer examination of the potential impact on even 
smaller facilities, the total number of observations in the matched 
data base was too small to allow for additional categories.
    EPA often uses a cost impact percentage of one percent as a 
threshold measure below which facilities are not considered to be 
significantly impacted as a result of a regulation. Under the scenario 
in which facilities are assumed to submit one TRI Form R, the cost 
impact percentages are well below one percent for all employee size 
classes in all SICs. The highest cost impact percentage is 0.4 percent 
for small facilities in Standard Industrial Classification (SIC) codes 
25 (Furniture) and 31 (Leather) in the first year of reporting.
    Under the scenario in which facilities are assumed to submit four 
TRI Form Rs, cost impact percentages in the first year of reporting are 
above one percent only for small facilities in SIC codes 25 (1.2 
percent) and 31 (1.1 percent). Cost impact percentages are below 0.8 
percent for all industries in subsequent years.
    The higher impact rates for the hypothetical facilities occur in 
industry sectors where there have historically been a relatively small 
number of establishments reporting. Approximately 8 percent of all 
facilities in SIC code 25 (Furniture) and 10 percent of all facilities 
in SIC code 31 (Leather) currently report to EPCRA section 313 
(compared to 57 percent of all facilities in the chemical industry). It 
is reasonable that large and medium businesses are more highly 
represented in these percentages than small businesses, because they 
would be more likely to exceed the EPCRA section 313 thresholds. In 
addition, facilities in SIC 25 and 31 have typically submitted fewer 
than four reports each, and would be less likely to submit four reports 
for the new chemicals than facilities in other industries.
    Thus, cost impacts for facilities potentially affected by the rule 
were not found to be of sufficient magnitude to cause significant 
impacts. Although EPA has found that the rule does not result in 
significant impacts on small facilities, EPA has separately developed 
alternatives to meet the goals of the Regulatory Flexibility Act (i.e., 
to accomplish the objectives of EPCRA section 313 while minimizing the 
economic impact on small entities). EPA proposed a rule establishing an 
alternative reporting threshold for low-level releases and transfers 
(July 28, 1994, 59 FR 38524). The proposal requested comment on five 
different levels for the alternate reporting threshold. This rule is 
being finalized elsewhere in today's issue of the Federal Register.

C. Paperwork Reduction Act

    The collection of information and other requirements under section 
313 of EPCRA and section 6607 of the PPA are covered under OMB approval 
number 2070-0093, which was issued on May 14, 1992. While this approval 
normally would have expired on November 30, 1992, it remains in effect 
pursuant to the 1993 Department of Veteran Affairs and Housing and 
Urban Development and Independent Agencies Appropriations Act, Pub. L. 
102-389, signed October 6, 1992, which states that:
    Notwithstanding the Paperwork Reduction Act of 1980 or any 
requirements thereunder the Environmental Protection Agency Toxic 
Chemical Release Inventory TRI Form R and instructions, revised 1991 
version issued May 19, 1992, and related requirements (OMB No. 2070-
0093), shall be effective for reporting under section 6607 of the 
Pollution Prevention Act of 1990 (Public Law 101-508) and section 
313 of the Superfund Amendments and Reauthorization Act of 1986 
(Public Law 99-499) until such time as revisions are promulgated 
pursuant to law.

    This final rule adds chemicals to the list of toxic chemicals 
subject to reporting under section 313 of EPCRA and section 6607 of the 
PPA and does not change the elements of the TRI reporting form, its 
instructions, or related requirements. Accordingly, the TRI Form R and 
instructions and related requirements remain in effect, as provided by 
Pub. L. 102-389.
    The industry reporting burden for collecting this information is 
estimated to average 53 hours per respondent annually, including time 
for reviewing instructions, searching existing data sources, gathering 
and maintaining the data needed, and completing and reviewing the 
collection of information. The actual burden to a specific facility may 
deviate from this estimate depending on the complexity of the 
facility's operations and the profile of the release.

List of Subjects in 40 CFR Part 372

    Environmental protection, Community right-to-know, Reporting and 
recordkeeping requirements, Toxic chemicals.

    Dated: November 22, 1994.
Carol M. Browner,
Administrator.

    Therefore, 40 CFR part 372 is amended to read as follows:

Part 372--[AMENDED]

    1. The authority citation for part 372 continues to read as 
follows:

    Authority: 42 U.S.C. 11013 and 11028.

    2. In Sec. 372.65 by adding chemicals to paragraph (a) 
alphabetically, to paragraph (b) by CAS no. sequence, and to paragraph 
(c) by alphabetically adding six categories to read as follows:


Sec. 372.65  Chemicals and chemical categories to which the part 
applies.

      *  *  *  *  *
    (a)  *  *  *

------------------------------------------------------------------------
                                                              Effective 
            Chemical Name                     CAS No.            Date   
------------------------------------------------------------------------
Abamectin [Avermectin B1]              71751-41-2                 1/1/95
Acephate (Acetylphosphoramidothioic    30560-19-1                 1/1/95
 acid O,S-dimethyl ester)                                               
                                                                        
                                 *******                                
Acifluorfen, sodium salt [5-(2-Chloro- 62476-59-9                 1/1/95
 4-(triflouromethyl)phenoxy)-2-nitro-                                   
 benzoic acid, sodium salt]                                             
                                                                        
                                 *******                                
Alachlor                               15972-60-8                 1/1/95
Aldicarb                               116-06-3                   1/1/95
                                                                        
                                 *******                                
d-trans-Allethrin [d-trans-            28057-48-9                 1/1/95
 Chrysanthemic acid of d-allethrone]                                    
Allylamine                             107-11-9                   1/1/95
                                                                        
                                 *******                                
Aluminum phosphide                     20859-73-8                 1/1/95
Ametryn (N-Ethyl-N'-(1-methylethyl)-6- 834-12-8                   1/1/95
 (methylthio)-1,3,5,-triazine-2,4-                                      
 diamine)                                                               
                                                                        
                                 *******                                
Amitraz                                33089-61-1                 1/1/95
                                                                        
                                 *******                                
Anilazine [4,6-dichloro-N-(2-          101-05-3                   1/1/95
 chlorophenyl)-1,3,5-triazin-2-amine]                                   
                                                                        
                                 *******                                
Atrazine (6-Chloro-N-ethyl-N'-(1-      1912-24-9                  1/1/95
 methylethyl)-1,3,5,-triazine-2,4-                                      
 diamine)                                                               
                                                                        
                                 *******                                
Bendiocarb [2,2-Dimethyl-1,3-          22781-23-3                 1/1/95
 benzodioxol-4-ol methylcarbamate]                                      
Benfluralin (N-Butyl-N-ethyl-2,6-      1861-40-1                  1/1/95
 dinitro-4-                                                             
 (trifluoromethyl)benzenamine)                                          
Benomyl                                17804-35-2                 1/1/95
                                                                        
                                 *******                                
Bifenthrin                             82657-04-3                 1/1/95
                                                                        
                                 *******                                
Bis(tributylin) oxide                  56-35-9                    1/1/95
Boron trichloride                      10294-34-5                 1/1/95
Boron trifluoride                      7637-07-2                  1/1/95
Bromacil (5-Bromo-6-methyl-3-(1-       314-40-9                   1/1/95
 methylpropyl)-2,4-(1H,3H)-                                             
 pyrimidinedione)                                                       
Bromacil, lithium salt [2,4-(1H,3H)-   53404-19-6                 1/1/95
 Pyrimidinedione, 5-bromo-6-methyl-3-                                   
 (1-methylpropyl), lithium salt]                                        
Bromine                                7726-95-6                  1/1/95
1-Bromo-1-(bromomethyl)-1,3-           35691-65-7                 1/1/95
 propanedicarbonitrile                                                  
                                                                        
                                 *******                                
2-Bromo-2-nitropropane-1,3-diol        52-51-7                    1/1/95
 (Bronopol)                                                             
                                                                        
                                 *******                                
Bromoxynil (3,5-Dibromo-4-             1689-84-5                  1/1/95
 hydroxybenzonitrile)                                                   
Bromoxynil octanoate (Octanoic acid,   1689-99-2                  1/1/95
 2,6-dibromo-4-cyanophenyl ester)                                       
Brucine                                357-57-3                   1/1/95
                                                                        
                                 *******                                
C.I. Acid Red 114                      6459-94-5                  1/1/95
                                                                        
                                 *******                                
C.I. Direct Blue 218                   28407-37-6                 1/1/95
                                                                        
                                 *******                                
Carbofuran                             1563-66-2                  1/1/95
                                                                        
                                 *******                                
Carboxin (5,6-Dihydro-2-methyl-N-      5234-68-4                  1/1/95
 phenyl-1,4-oxathiin-3-carboxamide)                                     
                                                                        
                                 *******                                
Chinomethionat [6-Methyl-1,3-          2439-01-2                  1/1/95
 dithiolo[4,5-b]quinoxalin-2-one]                                       
                                                                        
                                 *******                                
Chlorendic acid                        115-28-6                   1/1/95
Chlorimuron ethyl [Ethyl-2-[[[(4-      90982-32-4                 1/1/95
 chloro-6-methoxyprimidin-2-yl)-                                        
 carbonyl]-amino]sulfonyl]benzoate]                                     
                                                                        
                                 *******                                
1-(3-Chloroallyl)-3,5,7-triaza-1-      4080-31-3                  1/1/95
 azoniaadamantane chloride                                              
p-Chloroaniline                        106-47-8                   1/1/95
                                                                        
                                 *******                                
3-Chloro-2-methyl-1-propene            563-47-3                   1/1/95
p-Chlorophenyl isocyanate              104-12-1                   1/1/95
Chloropicrin                           76-06-2                    1/1/95
                                                                        
                                 *******                                
3-Chloropropionitrile                  542-76-7                   1/1/95
                                                                        
                                 *******                                
p-Chloro-o-toluidine                   95-69-2                    1/1/95
2-Chloro-1,1,1-trifluoro-ethane (HCFC- 75-88-7                    1/1/95
 133a)                                                                  
Chlorotrifluoromethane (CFC-13)        75-72-9                    1/1/95
3-Chloro-1,1,1-trifluoro-propane       460-35-5                   1/1/95
 (HCFC-253fb)                                                           
Chlorpyrifos methyl [O,O-dimethyl-O-   5598-13-0                  1/1/95
 (3,5,6-trichloro-2-                                                    
 pyridyl)phosphorothioate                                               
Chlorsulfuron [2-chloro-N-[[4-methoxy- 64902-72-3                 1/1/95
 6-methyl-1,3,5-triazin-2-                                              
 yl)amino]carbonyl]benzenesulfonamide                                   
 ]                                                                      
                                                                        
                                 *******                                
Crotonaldehyde                         4170-30-3                  1/1/95
Cyanazine                              21725-46-2                 1/1/95
                                                                        
                                 *******                                
Cycloate                               1134-23-2                  1/1/95
                                                                        
                                 *******                                
Cyclohexanol                           108-93-0                   1/1/95
Cyfluthrin [3-(2,2-Dichloroethenyl)-   68359-37-5                 1/1/95
 2,2-dimethylcyclopropanecarboxylic                                     
 acid, cyano(4-fluoro-3-                                                
 phenoxyphenyl)methyl ester]                                            
Cyhalothrin [3-(2-Chloro-3,3,3-        68085-85-8                 1/1/95
 trifluoro-1-propenyl)-2,2-                                             
 dimethylcyclopropanecarboxylic acid                                    
 cyano(3-phenoxyphenyl)methyl ester]                                    
                                                                        
                                 *******                                
Dazomet(Tetrahydro-3,5-dimethyl-2H-    533-74-4                   1/1/95
 1,3,5-thiadiazine-2-thione)                                            
Dazomet, sodium salt [Tetrahydro-3,5-  53404-60-7                 1/1/95
 dimethyl-2H-1,3,5-thiadiazine-2-                                       
 thione, ion(1-), sodium]                                               
2,4,-DB                                94-82-6                    1/1/95
2,4-D butoxyethyl ester                1929-73-3                  1/1/95
2,4-D butyl ester                      94-80-4                    1/1/95
2,4-D chlorocrotyl ester               2971-38-2                  1/1/95
                                                                        
                                 *******                                
Desmedipham                            13684-56-5                 1/1/95
2,4-D 2-ethylhexyl ester               1928-43-4                  1/1/95
2,4-D 2-ethyl-4-methylpentyl ester     53404-37-8                 1/1/95
                                                                        
                                 *******                                
Diazinon                               333-41-5                   1/1/95
                                                                        
                                 *******                                
2,2-Dibromo-3-nitrilopropionamide      10222-01-2                 1/1/95
                                                                        
                                 *******                                
Dicamba (3,6-Dichloro-2-               1918-00-9                  1/1/95
 methyoxybenzoic acid)                                                  
Dichloran [2,6-Dichloro-4-             99-30-9                    1/1/95
 nitroaniline]                                                          
                                                                        
                                 *******                                
3,3'-Dichlorobenzidine                 612-83-9                   1/1/95
 dihydrochloride                                                        
3,3'-Dichlorobenzidine sulfate         64969-34-2                 1/1/95
                                                                        
                                 *******                                
trans-1,4-Dichloro-2-butene            110-57-6                   1/1/95
1,2-Dichloro-1,1-difluoroethane (HCFC- 1649-08-7                  1/1/95
 132b)                                                                  
                                                                        
                                 *******                                
Dichlorofluoromethane (HCFC-21)        75-43-4                    1/1/95
                                                                        
                                 *******                                
Dichloropentafluoropropane             127564-92-5                1/1/95
1,1-dichloro-1,2,2,3,3-                13474-88-9                 1/1/95
 pentafluoropropane (HCFC-225cc)                                        
1,1-dichloro-1,2,3,3,3-                111512-56-2                1/1/95
 pentafluoropropane (HCFC-225eb)                                        
1,2-dichloro-1,1,2,3,3-                422-44-6                   1/1/95
 pentafluoropropane (HCFC-225bb)                                        
1,2-dichloro-1,1,3,3,3-                431-86-7                   1/1/95
 pentafluoropropane (HCFC-225da)                                        
1,3-dichloro-1,1,2,2,3-                507-55-1                   1/1/95
 pentafluoropropane (HCFC-225cb)                                        
1,3-dichloro-1,1,2,3,3-                136013-79-1                1/1/95
 pentafluoropropane (HCFC-225ea)                                        
2,2-dichloro-1,1,1,3,3-                128903-21-9                1/1/95
 pentafluoropropane (HCFC-225aa)                                        
2,3-dichloro-1,1,1,2,3-                422-48-0                   1/1/95
 pentafluoropropane (HCFC-225ba)                                        
3,3-dichloro-1,1,1,2,2-                422-56-0                   1/1/95
 pentafluoropropane (HCFC-225ca)                                        
Dichlorophene [ 2,2'-Methylene-bis(4-  97-23-4                    1/1/95
 chlorophenol)]                                                         
                                                                        
                                 *******                                
trans-1,3-Dichloropropene              10061-02-6                 1/1/95
                                                                        
                                 *******                                
Diclofop methyl [2-[4-(2,4-            51338-27-3                 1/1/95
 Dichlorophenoxy)phenoxy]propanoic                                      
 acid, methyl ester]                                                    
                                                                        
                                 *******                                
Dicyclopentadiene                      77-73-6                    1/1/95
                                                                        
                                 *******                                
Diethatyl ethyl                        38727-55-8                 1/1/95
                                                                        
                                 *******                                
Diflubenzuron                          35367-38-5                 1/1/95
Diglycidyl resorcinol ether            101-90-6                   1/1/95
Dimethipin [2,3,-Dihydro-5,6-dimethyl- 55290-64-7                 1/1/95
 1,4-dithiin-1,1,4,4-tetraoxide]                                        
Dimethoate                             60-51-5                    1/1/95
                                                                        
                                 *******                                
3,3'-Dimethoxybenzidine                20325-40-0                 1/1/95
 dihydrochloride (o-Dianisidine                                         
 dihydrochloride)                                                       
3,3'-Dimethoxybenzidine hydrochloride  111984-09-9                1/1/95
 (o-Dianisidine hydrochloride)                                          
Dimethylamine                          124-40-3                   1/1/95
Dimethylamine dicamba                  2300-66-5                  1/1/95
                                                                        
                                 *******                                
3,3'-Dimethylbenzidine                 612-82-8                   1/1/95
 dihydrochloride (o-Tolidine                                            
 dihydrochloride)                                                       
3,3'-Dimethylbenzidine                 41766-75-0                 1/1/95
 dihydrofluoride (o-Tolidine                                            
 dihydrofluoride)                                                       
                                                                        
                                 *******                                
Dimethyl chlorothiophosphate           2524-03-0                  1/1/95
Dimethyldichlorosilane                 75-78-5                    1/1/95
N,N-Dimethylformamide                  68-12-2                    1/1/95
                                                                        
                                 *******                                
2,6-Dimethylphenol                     576-26-1                   1/1/95
                                                                        
                                 *******                                
Dinitrobutyl phenol (Dinoseb)          88-85-7                    1/1/95
Dinocap                                39300-45-3                 1/1/95
                                                                        
                                 *******                                
Diphenamid                             957-51-7                   1/1/95
Diphenylamine                          122-39-4                   1/1/95
                                                                        
                                 *******                                
Dipotassium endothall [7-              2164-07-0                  1/1/95
 Oxabicyclo(2.2.1)heptane-2,3-                                          
 dicarboxylic acid, dipotassium salt]                                   
Dipropyl isocinchomeronate             136-45-8                   1/1/95
Disodium cyanodithioimidocarbonate     138-93-2                   1/1/95
2,4-D isopropyl ester                  94-11-1                    1/1/95
2,4-Dithiobiuret                       541-53-7                   1/1/95
Diuron                                 330-54-1                   1/1/95
Dodine [Dodecylguanidine monoacetate]  2439-10-3                  1/1/95
2,4,-DP                                120-36-5                   1/1/95
2,4-D propylene glycol butyl ether     1320-18-9                  1/1/95
 ester                                                                  
2,4-D sodium salt                      2702-72-9                  1/1/95
                                                                        
                                 *******                                
Ethoprop [Phosphorodithioic acid O-    13194-48-4                 1/1/95
 ethyl S,S-dipropyl ester]                                              
                                                                        
                                 *******                                
Ethyl dipropylthiocarbamate [EPTC]     759-94-4                   1/1/95
                                                                        
                                 *******                                
Famphur                                52-85-7                    1/1/95
Fenarimol [.alpha.-(2-Chlorophenyl)-   60168-88-9                 1/1/95
 .alpha.-4-chlorophenyl)-5-                                             
 pyrimidinemethanol]                                                    
Fenbutatin oxide (Hexakis(2-methyl-2-  13356-08-6                 1/1/95
 phenyl-propyl)distannoxane)                                            
Fenoxaprop ethyl [2-(4-((6-Chloro-2-   66441-23-4                 1/1/95
 benzoxazolylen)oxy)phenoxy)propanoic                                   
 acid,ethyl ester]                                                      
Fenoxycarb [2-(4-                      72490-01-8                 1/1/95
 Phenoxyphenoxy)ethyl]carbamic acid                                     
 ethyl ester]                                                           
Fenpropathrin [2,2,3,3-                39515-41-8                 1/1/95
 Tetramethylcyclopropane carboxylic                                     
 acid cyano(3-phenoxy-phenyl)methyl                                     
 ester]                                                                 
Fenthion [O,O-Dimethyl O-[3-methyl-4-  55-38-9                    1/1/95
 (methylthio)phenyl]ester,                                              
 phosphorothioic acid]                                                  
Fenvalerate [4-Chloro-alpha-(1-        51630-58-1                 1/1/95
 methylethyl)benzeneacetic acid                                         
 cyano(3-phenoxyphenyl)methyl ester]                                    
Ferbam [Tris(dimethylcarbamo-          14484-64-1                 1/1/95
 dithioato-S,S')iron]                                                   
Fluazifop-butyl [2-[4-[[5-             69806-50-4                 1/1/95
 (Trifluoromethyl)-2-pyridinyl]oxy]-                                    
 phenoxy]propanoic acid, butyl ester]                                   
Fluorine                               7782-41-4                  1/1/95
Fluorouracil (5-Fluorouracil)          51-21-8                    1/1/95
Fluvalinate [N-[2-Chloro-4-            69409-94-5                 1/1/95
 (trifluoromethyl)phenyl]-DL-                                           
 valine(+)-cyano (3-                                                    
 phenoxyphenyl)methyl ester]                                            
Folpet                                 133-07-3                   1/1/95
Fomesafen [5-(2-Chloro-4-              72178-02-0                 1/1/95
 (trifluoromethyl)phenoxy)-N-                                           
 methylsulfonyl)-2-nitrobenzamide]                                      
                                                                        
                                 *******                                
alpha-Hexachlorocyclohexane            319-84-6                   1/1/95
                                                                        
                                 *******                                
n-Hexane                               110-54-3                   1/1/95
Hexazinone                             51235-04-2                 1/1/95
Hydramethylnon [Tetrahydro-5,5-        67485-29-4                 1/1/95
 dimethyl-2(1H)-pyrimidinone[3-[4-                                      
 (trifluoromethyl)phenyl]-1-[2-[4-                                      
 (trifluoromethyl)phenyl]ethenyl]-2-                                    
 propenylidene]hydrazone]                                               
                                                                        
                                 *******                                
Imazalil [1-[2-(2,4-Dichlorophenyl)-2- 35554-44-0                 1/1/95
 (2-propenyloxy)ethyl]-1H-imidazole]                                    
3-Iodo-2-propynyl butylcarbamate       55406-53-6                 1/1/95
Iron pentacarbonyl                     13463-40-6                 1/1/95
                                                                        
                                 *******                                
Isodrin                                465-73-6                   1/1/95
Isofenphos [2-[[Ethoxyl[(1-            25311-71-1                 1/1/95
 methylethyl)amino]phosphinothioyl]ox                                   
 y]benzoic acid 1-methylethyl ester]                                    
                                                                        
                                 *******                                
Lactofen [5-(2-Chloro-4-               77501-63-4                 1/1/95
 (trifluoromethyl)phenoxy)-2-nitro-2-                                   
 ethoxy-1- methyl-2-oxoethyl ester]                                     
                                                                        
                                 *******                                
Linuron                                330-55-2                   1/1/95
Lithium carbonate                      554-13-2                   1/1/95
Malathion                              121-75-5                   1/1/95
                                                                        
                                 *******                                
Mecoprop                               93-65-2                    1/1/95
2-Mercaptobenzothiazole (MBT)          149-30-4                   1/1/95
                                                                        
                                 *******                                
Merphos                                150-50-5                   1/1/95
Metham sodium (Sodium                  137-42-8                   1/1/95
 methyldithiocarbamate)                                                 
                                                                        
                                 *******                                
Methazole [2-(3,4-Dichlorophenyl)-4-   20354-26-1                 1/1/95
 methyl-1,2,4-oxadiazolidine-3,5-                                       
 dione]                                                                 
Methiocarb                             2032-65-7                  1/1/95
Methoxone (4-Chloro-2-methylphenoxy)   94-74-6                    1/1/95
 acetic acid (MCPA))                                                    
Methoxone-sodium salt ((4-chloro-2-    3653-48-3                  1/1/95
 methylphenoxy) acetate sodium salt)                                    
                                                                        
                                 *******                                
Methyl isothiocyanate                  556-61-6                   1/1/95
 [Isothiocyanatomethane]                                                
2-Methyllactonitrile                   75-86-5                    1/1/95
                                                                        
                                 *******                                
N-Methylolacrylamide                   924-42-5                   1/1/95
Methyl parathion                       298-00-0                   1/1/95
N-Methyl-2-pyrrolidone                 872-50-4                   1/1/95
Methyltrichlorosilane                  75-79-6                    1/1/95
Metiram                                9006-42-2                  1/1/95
Metribuzin                             21087-64-5                 1/1/95
Mevinphos                              7786-34-7                  1/1/95
                                                                        
                                 *******                                
Molinate (1H-Azepine-1-carbothioic     2212-67-1                  1/1/95
 acid, hexahydro-S-ethyl ester)                                         
                                                                        
                                 *******                                
Monuron                                150-68-5                   1/1/95
                                                                        
                                 *******                                
Myclobutanil [.alpha.-Butyl-.alpha.-   88671-89-0                 1/1/95
 (4-chlorophenyl)-1H-1,2,4-triazole-1-                                  
 propanenitrile]                                                        
Nabam                                  142-59-6                   1/1/95
Naled                                  300-76-5                   1/1/95
                                                                        
                                 *******                                
Nitrapyrin (2-Chloro-6-                1929-82-4                  1/1/95
 (trichloromethyl) pyridine)                                            
                                                                        
                                 *******                                
p-Nitroaniline                         100-01-6                   1/1/95
                                                                        
                                 *******                                
Norflurazon [4-Chloro-5-(methylamino)- 27314-13-2                 1/1/95
 2-[3-(trifluoromethyl)phenyl]-3(2H)-                                   
 pyridazinone]                                                          
                                                                        
                                 *******                                
Oryzalin [4-(Dipropylamino)-3,5-       19044-88-3                 1/1/95
 dinitrobenzenesulfonamide]                                             
                                                                        
                                 *******                                
Oxydemeton methyl [S-(2-               301-12-2                   1/1/95
 (ethylsulfinyl)ethyl) o,o-dimethyl                                     
 ester phosphorothioic acid]                                            
Oxydiazon [3-[2,4-Dichloro-5-(1-       19666-30-9                 1/1/95
 methylethoxy)phenyl]-5-(1,1-                                           
 dimethylethyl)-1,3,4-oxadiazol-2(3H)-                                  
 one]                                                                   
Oxyfluorfen                            42874-03-3                 1/1/95
Ozone                                  10028-15-6                 1/1/95
Paraquat dichloride                    1910-42-5                  1/1/95
                                                                        
                                 *******                                
Pebulate [Butylethylcarbamothioic      1114-71-2                  1/1/95
 acid S-propyl ester]                                                   
Pendimethalin [N-(1-Ethylpropyl)-3,4-  40487-42-1                 1/1/95
 dimethyl-2,6-dinitrobenzenamine]                                       
                                                                        
                                 *******                                
Pentobarbital sodium                   57-33-0                    1/1/95
                                                                        
                                 *******                                
Perchloromethyl mercaptan              594-42-3                   1/1/95
Permethrin [3-(2,2-Dichloroethenyl)-   52645-53-1                 1/1/95
 2,2-dimethylcyclopropanecarboxylic                                     
 acid, (3-phenoxyphenyl)methyl ester]                                   
Phenanthrene                           85-01-8                    1/1/95
                                                                        
                                 *******                                
Phenothrin [2,2-Dimethyl-3-(2-methyl-  26002-80-2                 1/1/95
 1-propenyl)cyclopropanecarboxylic                                      
 acid (3-phenoxyphenyl)methyl ester]                                    
1,2-Phenylenediamine                   95-54-5                    1/1/95
1,3-Phenylenediamine                   108-45-2                   1/1/95
1,2-Phenylenediamine dihydrochloride   615-28-1                   1/1/95
1,4-Phenylenediamine dihydrochloride   624-18-0                   1/1/95
                                                                        
                                 *******                                
Phenytoin                              57-41-0                    1/1/95
                                                                        
                                 *******                                
Phosphine                              7803-51-2                  1/1/95
                                                                        
                                 *******                                
Picloram                               1918-02-1                  1/1/95
                                                                        
                                 *******                                
Piperonyl butoxide                     51-03-6                    1/1/95
Pirimiphos methyl [O-(2-               29232-93-7                 1/1/95
 (Diethylamino)-6-methyl-4-                                             
 pyrimidinyl)-O,O-                                                      
 dimethylphosphorothioate]                                              
                                                                        
                                 *******                                
Potassium bromate                      7758-01-2                  1/1/95
Potassium dimethyldithiocarbamate      128-03-0                   1/1/95
Potassium N-methyldithiocarbamate      137-41-7                   1/1/95
Profenofos [O-(4-Bromo-2-              41198-08-7                 1/1/95
 chlorophenyl)-O-ethyl-S-propyl                                         
 phosphorothioate]                                                      
Prometryn [N,N'-Bis(1-methylethyl)-6-  7287-19-6                  1/1/95
 methylthio-1,3,5-triazine-2,4-                                         
 diamine]                                                               
Propachlor [2-Chloro-N-(1-             1918-16-7                  1/1/95
 methylethyl)-N-phenylacetamide]                                        
                                                                        
                                 *******                                
Propanil [N-(3,4-                      709-98-8                   1/1/95
 Dichlorophenyl)propanamide]                                            
Propargite                             2312-35-8                  1/1/95
Propargyl alcohol                      107-19-7                   1/1/95
Propetamphos [3-                       31218-83-4                 1/1/95
 [[(Ethylamino)methoxyphosphinothioyl                                   
 ]oxy]-2-butenoic acid, 1-methylethyl                                   
 ester]                                                                 
Propiconazole [1-[2-(2,4-              60207-90-1                 1/1/95
 Dichlorophenyl)-4-propyl-1,3-                                          
 dioxolan-2-yl]- methyl-1H-1,2,4,-                                      
 triazole]                                                              
                                                                        
                                 *******                                
Quizalofop-ethyl [2-[4-[(6-Chloro-2-   76578-14-8                 1/1/95
 quinoxalinyl)oxy]phenoxy]propanoic                                     
 acid ethyl ester]                                                      
Resmethrin [[5-(Phenylmethyl)-3-       10453-86-8                 1/1/95
 furanyl]methyl 2,2-dimethyl-3-(2-                                      
 methyl-1-                                                              
 propenyl)cyclopropanecarboxylate]]                                     
                                                                        
                                 *******                                
Sethoxydim [2-[1-(Ethoxyimino)butyl]-  74051-80-2                 1/1/95
 5-[2-(ethylthio)propyl]-3-hydroxy-2-                                   
 cyclohexen-1-one]                                                      
                                                                        
                                 *******                                
Simazine                               122-34-9                   1/1/95
Sodium azide                           26628-22-8                 1/1/95
Sodium dicamba [3,6-Dichloro-2-        1982-69-0                  1/1/95
 methoxybenzoic acid, sodium salt]                                      
Sodium dimethyldithiocarbamate         128-04-1                   1/1/95
Sodium fluoroacetate                   62-74-8                    1/1/95
Sodium nitrite                         7632-00-0                  1/1/95
Sodium pentachlorophenate              131-52-2                         
Sodium o-phenylphenoxide               132-27-4                   1/1/95
                                                                        
                                 *******                                
Sulfuryl fluoride [Vikane]             2699-79-8                  1/1/95
Sulprofos [O-Ethyl O-[4-               35400-43-2                 1/1/95
 (methylthio)phenyl]phosphorodithioic                                   
 acid S-propyl ester]                                                   
Tebuthiuron [N-[5-(1,1-Dimethylethyl)- 34014-18-1                 1/1/95
 1,3,4-thiadiazol-2-yl)-N,N'-                                           
 dimethylurea]                                                          
Temephos                               3383-96-8                  1/1/95
Terbacil [5-Chloro-3-(1,1-             5902-51-2                  1/1/95
 dimethylethyl)-6-methyl-2,4(1H,3H)-                                    
 pyrimidinedione]                                                       
                                                                        
                                 *******                                
1,1,1,2-Tetrachloro-2-fluoroethane     354-11-0                   1/1/95
 (HCFC-121a)                                                            
1,1,2,2-Tetrachloro-1-fluoroethane     354-14-3                   1/1/95
 (HCFC-121)                                                             
                                                                        
                                 *******                                
Tetracycline hydrochloride             64-75-5                    1/1/95
Tetramethrin [2,2-Dimethyl-3-(2-       7696-12-0                  1/1/95
 methyl-1-                                                              
 propenyl)cyclopropanecarboxylic acid                                   
 (1,3,4,5,6,7-hexahydro-1,3-dioxo-2H-                                   
 isoindol-2-yl)methyl ester]                                            
                                                                        
                                 *******                                
Thiabendazole [2-(4-Thiazolyl)-1H-     148-79-8                   1/1/95
 benzimidazole]                                                         
                                                                        
                                 *******                                
Thiobencarb [Carbamic acid,            28249-77-6                 1/1/95
 diethylthio-, s-(p-chlorobenzyl)]                                      
                                                                        
                                 *******                                
Thiodicarb                             59669-26-0                 1/1/95
Thiophanate ethyl [[1,2-               23564-06-9                 1/1/95
 Phenylenebis(iminocarbonothioyl)]bis                                   
 carbamic acid diethyl ester]                                           
Thiophanate-methyl                     23564-05-8                 1/1/95
Thiosemicarbazide                      79-19-6                    1/1/95
                                                                        
                                 *******                                
Triadimefon [1-(4-Chlorophenoxy)-3,3-  43121-43-3                 1/1/95
 dimethyl-1-(1H-1,2,4-triazol-1-yl)-2-                                  
 butanone]                                                              
Triallate                              2303-17-5                  1/1/95
                                                                        
                                 *******                                
Tribenuron methyl [2-(((((4-Methoxy-6- 101200-48-0                1/1/95
 methyl-1,3,5-triazin-2-yl)-                                            
 methylamino)carbonyl)amino)sulfonyl)-                                  
 , methyl ester]                                                        
Tributyltin fluoride                   1983-10-4                  1/1/95
Tributyltin methacrylate               2155-70-6                  1/1/95
S,S,S-Tributyltrithiophosphate (DEF)   78-48-8                    1/1/95
                                                                        
                                 *******                                
Trichloroacetyl chloride               76-02-8                    1/1/95
                                                                        
                                 *******                                
1,2,3-Trichloropropane                 96-18-4                    1/1/95
Triclopyr, triethylammonium salt       57213-69-1                 1/1/95
Triethylamine                          121-44-8                   1/1/95
Triforine [N,N'-[1,4-Piperazinediyl-   26644-46-2                 1/1/95
 bis(2,2,2-trichloroethylidene)]                                        
 bisformamide]                                                          
                                                                        
                                 *******                                
Trimethylchlorosilane                  75-77-4                    1/1/95
2,3,5-Trimethylphenyl methylcarbamate  2655-15-4                  1/1/95
Triphenyltin chloride                  639-58-7                   1/1/95
Triphenyltin hydroxide                 76-87-9                    1/1/95
                                                                        
                                 *******                                
Vinclozolin [3-(3,5-Dichlorophenyl)-5- 50471-44-8                 1/1/95
 ethenyl-5-methyl-2,4-                                                  
 oxazolidinedione]                                                      
                                                                        
                                 *******                                
------------------------------------------------------------------------

    (b)  *  *  *

------------------------------------------------------------------------
                                                              Effective 
       CAS No.                    Chemical Name                  Date   
------------------------------------------------------------------------
                                                                        
                                 *******                                
51-03-6               Piperonyl butoxide                          1/1/95
51-21-8               Fluorouracil (5-Fluorouracil)               1/1/95
                                                                        
                                 *******                                
52-51-7               2-Bromo-2-nitropropane-1,3-diol             1/1/95
                       (Bronopol)                                       
                                                                        
                                 *******                                
52-85-7               Famphur                                     1/1/95
                                                                        
                                 *******                                
55-38-9               Fenthion [O,O-Dimethyl O-[3-methyl-4-       1/1/95
                       (methylthio)phenyl] ester,                       
                       phosphorothioic acid]                            
                                                                        
                                 *******                                
56-35-9               Bis(tributyltin) oxide                      1/1/95
                                                                        
                                 *******                                
57-33-0               Pentobarbital sodium                        1/1/95
57-41-0               Phenytoin                                   1/1/95
                                                                        
                                 *******                                
60-51-5               Dimethoate                                  1/1/95
                                                                        
                                 *******                                
62-74-8               Sodium fluoroacetate                        1/1/95
                                                                        
                                 *******                                
64-75-5               Tetracycline hydrochloride                  1/1/95
                                                                        
                                 *******                                
68-12-2               N,N-Dimethylformamide                       1/1/95
                                                                        
                                 *******                                
75-43-4               Dichlorofluoromethane (HCFC-21)             1/1/95
                                                                        
                                 *******                                
75-72-9               Chlorotrifluoromethane (CFC-13)             1/1/95
75-77-4               Trimethylchlorosilane                       1/1/95
75-78-5               Dimethyldichlorosilane                      1/1/95
75-79-6               Methyltrichlorosilane                       1/1/95
75-86-5               2-Methyllactonitrile                        1/1/95
75-88-7               2-Chloro-1,1,1-trifluoroethane (HCFC-       1/1/95
                       133a)                                            
76-02-8               Trichloroacetyl chloride                    1/1/95
76-06-2               Chloropicrin                                1/1/95
                                                                        
                                 *******                                
76-87-9               Triphenyltin hydroxide                      1/1/95
                                                                        
                                 *******                                
77-73-6               Dicyclopentadiene                           1/1/95
                                                                        
                                 *******                                
78-48-8               S,S,S-Tributyltrithiophosphate (DEF)        1/1/95
                                                                        
                                 *******                                
79-19-6               Thiosemicarbazide                           1/1/95
                                                                        
                                 *******                                
85-01-8               Phenanthrene                                1/1/95
                                                                        
                                 *******                                
88-85-7               Dinitrobutyl phenol (Dinoseb)               1/1/95
                                                                        
                                 *******                                
93-65-2               Mecoprop                                    1/1/95
94-11-1               2,4-D isopropyl ester                       1/1/95
                                                                        
                                 *******                                
94-74-6               Methoxone (4-Chloro-2-methylphenoxy)        1/1/95
                       acetic acid (MCPA)                               
                                                                        
                                 *******                                
94-80-4               2,4-D butyl ester                           1/1/95
94-82-6               2,4-DB                                      1/1/95
                                                                        
                                 *******                                
95-54-5               1,2-Phenylenediamine                        1/1/95
                                                                        
                                 *******                                
95-69-2               p-Chloro-o-toluidine                        1/1/95
                                                                        
                                 *******                                
96-18-4               1,2,3-Trichloropropane                      1/1/95
                                                                        
                                 *******                                
97-23-4               Dichlorophene [ 2,2'-Methylene-bis(4-       1/1/95
                       chlorophenol)]                                   
                                                                        
                                 *******                                
99-30-9               Dichloran [2,6-Dichloro-4-                  1/1/95
                       nitroaniline]                                    
                                                                        
                                 *******                                
100-01-6              p-Nitroaniline                              1/1/95
                                                                        
                                 *******                                
101-05-3              Anilazine [4,6-dichloro-N-(2-               1/1/95
                       chlorophenyl)-1,3,5-triazin-2-amine]             
                                                                        
                                 *******                                
101-90-6              Diglycidyl resorcinol ether                 1/1/95
                                                                        
                                 *******                                
104-12-1              p-Chlorophenyl isocyanate                   1/1/95
                                                                        
                                 *******                                
106-47-8              p-Chloroaniline                             1/1/95
                                                                        
                                 *******                                
107-11-9              Allylamine                                  1/1/95
                                                                        
                                 *******                                
107-19-7              Propargyl alcohol                           1/1/95
                                                                        
                                 *******                                
108-45-2              1,3-Phenylenediamine                        1/1/95
                                                                        
                                 *******                                
108-93-0              Cyclohexanol                                1/1/95
                                                                        
                                 *******                                
110-54-3              n-Hexane                                    1/1/95
110-57-6              trans-1,4-Dichloro-2-butene                 1/1/95
                                                                        
                                 *******                                
115-28-6              Chlorendic acid                             1/1/95
                                                                        
                                 *******                                
116-06-3              Aldicarb                                    1/1/95
                                                                        
                                 *******                                
120-36-5              2,4-DP                                      1/1/95
                                                                        
                                 *******                                
121-44-8              Triethylamine                               1/1/95
                                                                        
                                 *******                                
121-75-5              Malathion                                   1/1/95
122-34-9              Simazine                                    1/1/95
122-39-4              Diphenylamine                               1/1/95
                                                                        
                                 *******                                
124-40-3              Dimethylamine                               1/1/95
                                                                        
                                 *******                                
128-03-0              Potassium dimethyldithiocarbamate           1/1/95
128-04-1              Sodium dimethyldithiocarbamate              1/1/95
                                                                        
                                 *******                                
131-52-2              Sodium pentachlorophenate                   1/1/95
132-27-4              Sodium o-phenylphenoxide                    1/1/95
                                                                        
                                 *******                                
133-07-3              Folpet                                      1/1/95
                                                                        
                                 *******                                
136-45-8              Dipropyl isocinchomeronate                  1/1/95
137-41-7              Potassium n-methyldithiocarbamate           1/1/95
137-42-8              Metham Sodium                               1/1/95
138-93-2              Disodium cyanodithioimidocarbonate          1/1/95
                                                                        
                                 *******                                
142-59-6              Nabam                                       1/1/95
148-79-8              Thiabendazole [2-(4-Thiazolyl)-1H-          1/1/95
                       benzimidazole]                                   
149-30-4              2-Mercaptobenzothiazole                     1/1/95
150-50-5              Merphos                                     1/1/95
150-68-5              Monuron                                     1/1/95
                                                                        
                                 *******                                
298-00-0              Methyl parathion                            1/1/95
300-76-5              Naled                                       1/1/95
301-12-2              Oxydemeton methyl [s-(2-                    1/1/95
                       (Ethylsulfinyl)ethyl)o,o-dimethyl                
                       ester phosphorothioic acid]                      
                                                                        
                                 *******                                
314-40-9              Bromacil (5-Bromo-6-methyl-3-(1-            1/1/95
                       methylpropyl)-2,4-(1H,3H)-                       
                       pyrimidinedione)                                 
319-84-6              alpha-Hexachlorocyclohexane                 1/1/95
330-54-1              Diuron                                      1/1/95
330-55-2              Linuron                                     1/1/95
333-41-5              Diazinon                                    1/1/95
                                                                        
                                 *******                                
354-11-0              1,1,1,2-Tetrachloro-2-fluoroethane          1/1/95
                       (HCFC-121a)                                      
354-14-3              1,1,2,2-Tetrachloro-1-fluoroethane          1/1/95
                       (HCFC-121)                                       
357-57-3              Brucine                                     1/1/95
422-44-6              1,2-dichloro-1,1,2,3,3-                     1/1/95
                       pentafluoropropane (HCFC-225bb)                  
422-48-0              2,3-dichloro-1,1,1,2,3-                     1/1/95
                       pentafluoropropane (HCFC-225ba)                  
422-56-0              3,3-dichloro-1,1,1,2,2-                     1/1/95
                       pentafluoropropane (HCFC-225ca)                  
431-86-7              1,2-dichloro-1,1,3,3,3-                     1/1/95
                       pentafluoropropane (HCFC-225da)                  
460-35-5              3-chloro-1,1,1-trifluoropropane (HCFC-      1/1/95
                       253fb)                                           
                                                                        
                                 *******                                
465-73-6              Isodrin                                     1/1/95
                                                                        
                                 *******                                
507-55-1              1,3-dichloro-1,1,2,2,3-                     1/1/95
                       pentafluoropropane (HCFC-225cb)                  
                                                                        
                                 *******                                
533-74-4              Dazomet (Tetrahydro-3,5-dimethyl-2H-        1/1/95
                       1,3,5-thiadiazine-2-thione)                      
                                                                        
                                 *******                                
541-53-7              2,4-Dithiobiuret                            1/1/95
                                                                        
                                 *******                                
542-76-7              3-Chloropropionitrile                       1/1/95
                                                                        
                                 *******                                
554-13-2              Lithium carbonate                           1/1/95
556-61-6              Methyl isothiocyanate                       1/1/95
                       [Isothiocyanatomethane]                          
563-47-3              3-Chloro-2-methyl-1-propene                 1/1/95
                                                                        
                                 *******                                
576-26-1              2,6-Dimethylphenol                          1/1/95
                                                                        
                                 *******                                
594-42-3              Perchloromethyl mercaptan                   1/1/95
                                                                        
                                 *******                                
612-82-8              3,3'-Dimethylbenzidine                      1/1/95
                       dihydrochloride (o-Tolidine                      
                       dihydrochloride)                                 
612-83-9              3,3'-Dichlorobenzidine                      1/1/95
                       dihydrochloride                                  
                                                                        
                                 *******                                
615-28-1              1,2-Phenylenediamine dihydrochloride        1/1/95
                                                                        
                                 *******                                
624-18-0              1,4-Phenylenediamine dihydrochloride        1/1/95
                                                                        
                                 *******                                
639-58-7              Triphenyltin chloride                       1/1/95
                                                                        
                                 *******                                
709-98-8              Propanil [N-(3,4-                           1/1/95
                       Dichlorophenyl)propanamide]                      
                                                                        
                                 *******                                
759-94-4              Ethyl dipropylthiocarbamate (EPTC)          1/1/95
834-12-8              Ametryn (N-Ethyl-N'-(1-methylethyl)-6-      1/1/95
                       (methylthio)-1,3,5,-triazine-2,4-                
                       diamine)                                         
872-50-4              N-Methyl-2-pyrrolidone                      1/1/95
                                                                        
                                 *******                                
924-42-5              N-Methylolacrylamide                        1/1/95
957-51-7              Diphenamid                                  1/1/95
                                                                        
                                 *******                                
1114-71-2             Pebulate [Butylethylcarbamo-thioic          1/1/95
                       acid S-propyl ester]                             
                                                                        
                                 *******                                
1134-23-2             Cycloate                                    1/1/95
                                                                        
                                 *******                                
1320-18-9             2,4-D propylene glycol butyl ether          1/1/95
                       ester                                            
                                                                        
                                 *******                                
1563-66-2             Carbofuran                                  1/1/95
1649-08-7             1,2-dichloro-1,1-difluoroethane (HCFC-      1/1/95
                       132b)                                            
1689-84-5             Bromoxynil (3,5-Dibromo-4-                  1/1/95
                       hydroxybenzonitrile)                             
1689-99-2             Bromoxynil octanoate (Octanoic acid,        1/1/95
                       2,6-dibromo-4-cyanophenyl ester)                 
                                                                        
                                 *******                                
1861-40-1             Benfluralin(N-Butyl-N-ethyl-2,6-            1/1/95
                       dinitro-4-                                       
                       (trifluoromethyl)benzenamine)                    
                                                                        
                                 *******                                
1910-42-5             Paraquat dichloride                         1/1/95
1912-24-9             Atrazine (6-Chloro-N-ethyl-N'-(1-           1/1/95
                       methylethyl)-1,3,5,-triazine-2,4-                
                       diamine)                                         
1918-00-9             Dicamba (3,6-Dichloro-2-                    1/1/95
                       methyoxybenzoic acid)                            
1918-02-1             Picloram                                    1/1/95
1918-16-7             Propachlor [2-Chloro-N-(1-                  1/1/95
                       methylethyl)-N-phenylacetamide]                  
1928-43-4             2,4-D 2-ethylhexyl ester                    1/1/95
1929-73-3             2,4-D butoxyethyl ester                     1/1/95
1929-82-4             Nitrapyrin (2-Chloro-6-                     1/1/95
                       (trichloromethyl)pyridine)                       
                                                                        
                                 *******                                
1982-69-0             Sodium dicamba [3,6-Dichloro-2-             1/1/95
                       methoxybenzoic acid, sodium salt]                
1983-10-4             Tributyltin fluoride                        1/1/95
2032-65-7             Methiocarb                                  1/1/95
2155-70-6             Tributyltin methacrylate                    1/1/95
2164-07-0             Dipotassium endothall [7-                   1/1/95
                       Oxabicyclo(2.2.1)heptane-2,3-                    
                       dicarboxylic acid, dipotassium salt]             
                                                                        
                                 *******                                
2212-67-1             Molinate (1H-Azepine-1-carbothioic          1/1/95
                       acid, hexahydro-S-ethyl ester)                   
                                                                        
                                 *******                                
2300-66-5             Dimethylamine dicamba                       1/1/95
                                                                        
                                 *******                                
2303-17-5             Triallate                                   1/1/95
2312-35-8             Propargite                                  1/1/95
2439-01-2             Chinomethionat [6-Methyl-1,3-               1/1/95
                       dithiolo[4,5-b]quinoxalin-2-one]                 
2439-10-3             Dodine [Dodecylguanidine monoacetate]       1/1/95
2524-03-0             Dimethyl chlorothiophosphate                1/1/95
                                                                        
                                 *******                                
2655-15-4             2,3,5-Trimethylphenyl methylcarbamate       1/1/95
2699-79-8             Sulfuryl Fluoride [Vikane]                  1/1/95
2702-72-9             2,4-D sodium salt                           1/1/95
                                                                        
                                 *******                                
2971-38-2             2,4-D chlorocrotyl ester                    1/1/95
                                                                        
                                 *******                                
3383-96-8             Temephos                                    1/1/95
3653-48-3             Methoxone - sodium salt (4-Chloro-2-        1/1/95
                       methylphenoxy acetate sodium salt)               
                                                                        
                                 *******                                
4080-31-3             1-(3-Chloroallyl)-3,5,7-triaza-1-           1/1/95
                       azoniaadamantane chloride                        
4170-30-3             Crotonaldehyde                              1/1/95
                                                                        
                                 *******                                
5234-68-4             Carboxin (5,6-Dihydro-2-methyl-N-           1/1/95
                       phenyl-1,4-oxathiin-3-carboxamide)               
5598-13-0             Chlorpyrifos methyl [O,O-dimethyl-O-        1/1/95
                       (3,5,6-trichloro-2-                              
                       pyridyl)phosphorothioate]                        
5902-51-2             Terbacil [5-Chloro-3-(1,1-                  1/1/95
                       dimethylethyl)-6-methyl-2,4-(1H,3H)-             
                       pyrimidinedione]                                 
6459-94-5             C.I. Acid Red 114                           1/1/95
                                                                        
                                 *******                                
7287-19-6             Prometryn [N,N'-Bis(1-methylethyl)-6-       1/1/95
                       methylthio-1,3,5-triazine-2,4-                   
                       diamine]                                         
                                                                        
                                 *******                                
7632-00-0             Sodium nitrite                              1/1/95
7637-07-2             Boron trifluoride                           1/1/95
                                                                        
                                 *******                                
7696-12-0             Tetramethrin [2,2-Dimethyl-3-(2-            1/1/95
                       methyl-1-propenyl)cyclopropane-                  
                       carboxylic acid (1,3,4,5,6,7-                    
                       hexahydro-1,3-dioxo-2H-isoindol-2-               
                       yl)methyl ester]                                 
                                                                        
                                 *******                                
7726-95-6             Bromine                                     1/1/95
7758-01-2             Potassium bromate                           1/1/95
7782-41-4             Fluorine                                    1/1/95
                                                                        
                                 *******                                
7786-34-7             Mevinphos                                   1/1/95
7803-51-2             Phosphine                                   1/1/95
                                                                        
                                 *******                                
9006-42-2             Metiram                                     1/1/95
10028-15-6            Ozone                                       1/1/95
                                                                        
                                 *******                                
10061-02-6            trans-1,3-Dichloropropene                   1/1/95
10222-01-2            2,2-Dibromo-3-nitrilopropionamide           1/1/95
10294-34-5            Boron trichloride                           1/1/95
10453-86-8            Resmethrin [[5-(Phenylmethyl)-3-            1/1/95
                       furanyl]methyl 2,2-dimethyl-3-(2-                
                       methyl-1-                                        
                       propenyl)cyclopropanecarboxylate]]               
                                                                        
                                 *******                                
13194-48-4            Ethoprop [Phosphorodithioic acid O-         1/1/95
                       ethyl S,S-dipropyl ester]                        
13356-08-6            Fenbutatin oxide (hexakis(2-methyl-2-       1/1/95
                       phenylpropyl)distannoxane)                       
13463-40-6            Iron pentacarbonyl                          1/1/95
13474-88-9            1,1-Dichloro-1,2,2,3,3-                     1/1/95
                       pentafluoropropane (HCFC-225cc)                  
13684-56-5            Desmedipham                                 1/1/95
14484-64-1            Ferbam [Tris(dimethylcarbamo-               1/1/95
                       dithioato-S,S')iron]                             
15972-60-8            Alachlor                                    1/1/95
                                                                        
                                 *******                                
17804-35-2            Benomyl                                     1/1/95
19044-88-3            Oryzalin [4-(Dipropylamino)-3,5-            1/1/95
                       dinitrobenzene-sulfonamide]                      
19666-30-9            Oxydiazon [3-[2,4-Dichloro-5-(1-            1/1/95
                       methylethoxy)phenyl]-5-(1,1-                     
                       dimethylethyl)-1,3,4-oxadiazol-2(3H)-            
                       one]                                             
20325-40-0            3,3'-Dimethoxybenzidine                     1/1/95
                       dihydrochloride (Dianisidine                     
                       dihydrochloride)                                 
20354-26-1            Methazole [2-(3,4-Dichlorophenyl)-4-        1/1/95
                       methyl-1,2,4-oxadiazolidine-3,5-                 
                       dione]                                           
                                                                        
                                 *******                                
20859-73-8            Aluminum phosphide                          1/1/95
21087-64-5            Metribuzin                                  1/1/95
21725-46-2            Cyanazine                                   1/1/95
22781-23-3            Bendiocarb [2,2-Dimethyl-1,3-               1/1/95
                       benzodioxol-4-ol methylcarbamate]                
23564-05-8            Thiophanate methyl                          1/1/95
23564-06-9            Thiophanate ethyl [[1,2-                    1/1/95
                       Phenylenebis(iminocarbonothioyl)]bis             
                       carbamic acid diethyl ester]                     
25311-71-1            Isofenphos [2-[[Ethoxyl[(1-                 1/1/95
                       methylethyl)amino]phosphinothioyl]ox             
                       y]benzoic acid 1-methylethyl ester]              
26002-80-2            Phenothrin [2,2-Dimethyl-3-(2-methyl-       1/1/95
                       1-propenyl)cyclopropanecarboxylic                
                       acid (3-phenoxyphenyl)methyl ester]              
                                                                        
                                 *******                                
26628-22-8            Sodium azide                                1/1/95
26644-46-2            Triforine [N,N'-[1,4-                       1/1/95
                       Piperazinediylbis(2,2,2-                         
                       trichloroethylidene)] bisformamide]              
27314-13-2            Norflurazon [4-Chloro-5-(methylamino)-      1/1/95
                       2-[3-(trifluoromethyl)phenyl]- 3(2H)-            
                       pyridazinone]                                    
28057-48-9            d-trans-Allethrin [d-trans-                 1/1/95
                       Chrysanthemic acid of d-allethrone]              
28249-77-6            Thiobencarb [Carbamic acid,                 1/1/95
                       diethylthio-, s-(p-chlorobenzyl)]                
28407-37-6            C.I. Direct Blue 218                        1/1/95
29232-93-7            Pirimiphos methyl [O-(2-                    1/1/95
                       (Diethylamino)-6-methyl-4-                       
                       pyrimidinyl)-O,O-dimethyl                        
                       phosphorothioate]                                
30560-19-1            Acephate (Acetylphosphoramidothioic         1/1/95
                       acid O,S-dimethyl ester)                         
31218-83-4            Propetamphos [3-                            1/1/95
                       [[(Ethylamino)methoxyphosphino-                  
                       thioyl]oxy]-2-butenoic acid, 1-                  
                       methylethyl ester]                               
33089-61-1            Amitraz                                     1/1/95
34014-18-1            Terbuthiuron [N-[5-(1,1-                    1/1/95
                       Dimethylethyl)-1,3,4-thiadiazol-2-               
                       yl)-N,N'- dimethylurea]                          
                                                                        
                                 *******                                
35367-38-5            Diflubenzuron                               1/1/95
35400-43-2            Sulprofos [O-Ethyl O-[4-                    1/1/95
                       (methylthio)phenyl]phosphorodithioic             
                       acid S-propyl ester]                             
35554-44-0            Imazalil [1-[2-(2,4-Dichlorophenyl)-2-      1/1/95
                       (2-propenyloxy)ethyl]-1H-imidazole]              
35691-65-7            1-Bromo-1-(bromomethyl)-1,3-                1/1/95
                       propanedicarbonitrile                            
38727-55-8            Diethatyl ethyl                             1/1/95
                                                                        
                                 *******                                
39300-45-3            Dinocap                                     1/1/95
39515-41-8            Fenpropathrin [2,2,3,3-                     1/1/95
                       Tetramethylcyclopropane carboxylic               
                       acid cyano(3-phenoxyphenyl)methyl                
                       ester]                                           
40487-42-1            Pendimethalin [N-(1-Ethylpropyl)-3,4-       1/1/95
                       dimethyl-2,6-dinitrobenzen-amine]                
41198-08-7            Profenofos [O-(4-Bromo-2-                   1/1/95
                       chlorophenyl)-O-ethyl-S-propyl                   
                       phosphorothioate]                                
41766-75-0            3,3'-Dimethylbenzidine                      1/1/95
                       dihydrofluoride (ortho-Tolidine                  
                       dihydrofluoride)                                 
42874-03-3            Oxyfluorfen                                 1/1/95
43121-43-3            Triadimefon [1-(4-Chlorophenoxy)-3,3-       1/1/95
                       dimethyl-1-(1H-1,2,4-triazol-1-yl)-2-            
                       butanone]                                        
50471-44-8            Vinclozolin [3-(3,5-Dichlorophenyl)-5-      1/1/95
                       ethenyl-5-methyl-2,4-                            
                       oxazolidinedione]                                
51235-04-2            Hexazinone                                  1/1/95
51338-27-3            Diclofop methyl [2-[4-(2,4-                 1/1/95
                       Dichlorophenoxy)phenoxy]propanoic                
                       acid, methyl ester]                              
51630-58-1            Fenvalerate                                 1/1/95
52645-53-1            Permethrin [3-(2,2-Dichloroethenyl)-        1/1/95
                       2,2-dimethylcyclopropanecarboxylic               
                       acid, (3-phenoxyphenyl)methyl ester]             
53404-19-6            Bromacil, lithium salt [2,4-(1H,3H)-        1/1/95
                       Pyrimidinedione, 5-bromo-6-methyl-3-             
                       (1-methylpropyl), lithium salt]                  
53404-37-8            2,4-D 2-ethyl-4-methylpentyl ester          1/1/95
53404-60-7            Dazomet, sodium salt [Tetrahydro-3,5-       1/1/95
                       dimethyl-2H-1,3,5-thiadiazine-2-                 
                       thione, ion(1-), sodium]                         
55290-64-7            Dimethipin [2,3,-Dihydro-5,6-dimethyl-      1/1/95
                       1,4-dithiin 1,1,4,4-tetraoxide]                  
55406-53-6            3-Iodo-2-propynyl butylcarbamate            1/1/95
57213-69-1            Triclopyr, triethylammonium salt            1/1/95
59669-26-0            Thiodicarb                                  1/1/95
60168-88-9            Fenarimol [.alpha.-(2-Chlorophenyl)-        1/1/95
                       .alpha.-4-chlorophenyl)-5-pyrimidine-            
                        methanol]                                       
60207-90-1            Propiconazole [1-[2-(2,4-                   1/1/95
                       Dichlorophenyl)-4-propyl-1,3-                    
                       dioxolan-2-yl]-methyl-1H-1,2,4,-                 
                       triazole]                                        
62476-59-9            Acifluorfen, sodium salt [5-(2-Chloro-      1/1/95
                       4-(triflouromethyl)phenoxy)-2-nitro-             
                       benzoic acid, sodium salt]                       
62924-70-3            Flumetralin [2-Chloro-N-(2,6-dinitro-       1/1/95
                       4-(trifluoromethyl)-phenyl)-N-ethyl-             
                       6-fluorobenzenemethanamine]                      
                                                                        
                                 *******                                
64902-72-3            Chlorsulfuron [2-chloro-N-[[4-methoxy-      1/1/95
                       6-methyl-1,3,5-triazin-2-yl)amino]               
                       carbonyl]benzenesulfonamide]                     
64969-34-2            3,3'-Dichlorobenzidine.sulfate              1/1/95
66441-23-4            Fenoxaprop ethyl [2-(4-((6-Chloro-2-        1/1/95
                       benzoxazolylen)oxy)phenoxy)                      
                       propanoic acid, ethyl ester]                     
67485-29-4            Hydramethylnon [Tetrahydro-5,5-             1/1/95
                       dimethyl-2(1H)-pyrimidinone[3-[4-                
                       (trifluoromethyl)phenyl]-1-[2-[4-                
                       (trifluoromethyl)phenyl]ethenyl]-2-              
                       propenylidene]hydrazone]                         
68085-85-8            Cyhalothrin [3-(2-Chloro-3,3,3-             1/1/95
                       trifluoro-1-propenyl)-2,2-                       
                       dimethylcyclopropanecarboxylic acid              
                       cyano(3-phenoxyphenyl)methyl ester]              
68359-37-5            Cyfluthrin [3-(2,2-Dichloro-ethenyl)-       1/1/95
                       2,2-dimethylcyclo-propanecarboxylic              
                       acid, cyano(4-fluoro-3-                          
                       phenoxyphenyl)methyl ester]                      
69409-94-5            Fluvalinate [N-[2-Chloro-4-                 1/1/95
                       (trifluoromethyl)phenyl]-DL-                     
                       valine(+)-cyano(3-                               
                       phenoxyphenyl)methylester]                       
69806-50-4            Fluazifop-butyl [2-[4-[[5-                  1/1/95
                       (Trifluoromethyl)-2-pyridinyl]oxy]-              
                       phenoxy]propanoic acid, butyl ester]             
71751-41-2            Abamectin [Avermectin B1]                   1/1/95
72178-02-0            Fomesafen [5-(2-Chloro-4-                   1/1/95
                       (trifluoromethyl)phenoxy)-N-                     
                       methylsulfonyl)-2- nitrobenzamide]               
72490-01-8            Fenoxycarb [2-(4-                           1/1/95
                       Phenoxyphenoxy)ethyl]carbamic acid               
                       ethyl ester]                                     
74051-80-2            Sethoxydim [2-[1-(Ethoxyimino)butyl]-       1/1/95
                       5-[2-(ethylthio)propyl]-3-hydroxy-2-             
                       cyclohexen-1-one]                                
76578-14-8            Quizalofop-ethyl [2-[4-[(6-Chloro-2-        1/1/95
                       quinoxalinyl)oxy]phenoxy] propanoic              
                       acid ethyl ester]                                
77501-63-4            Lactofen [5-(2-Chloro-4-                    1/1/95
                       (trifluoromethyl)phenoxy)-2-nitro-2-             
                       ethoxy-1-methyl-2-oxoethyl ester]                
82657-04-3            Bifenthrin                                  1/1/95
88671-89-0            Myclobutanil [.alpha.-Butyl-.alpha.-        1/1/95
                       (4-chlorophenyl)-1H-1,2,4-triazole-              
                       1-propanenitrile]                                
                                                                        
                                 *******                                
90982-32-4            Chlorimuron ethyl [Ethyl-2-[[[(4-           1/1/95
                       chloro-6-methoxyprimidin-2-yl)-                  
                       carbonyl]-amino]sulfonyl]benzoate]               
101200-48-0           Tribenuron methyl [2-(((((4-Methoxy-6-      1/1/95
                       methyl-1,3,5-triazin-2-yl)-                      
                       methylamino)carbonyl)amino)sulfonyl)-            
                       , methyl ester]                                  
111512-56-2           1,1-dichloro-1,2,3,3,3-                     1/1/95
                       pentafluoropropane (HCFC-225eb)                  
111984-09-9           3,3'-Dimethoxybenzidine hydrochloride       1/1/95
                       (Dianisidine dihydrochloride)                    
127564-92-5           Dichloropentafluoropropane                  1/1/95
128903-21-9           2,2-Dichloro-1,1,1,3,3-                     1/1/95
                       pentafluoropropane (HCFC-225aa)                  
136013-79-1           1,3-Dichloro-1,1,2,3,3-                     1/1/95
                       pentafluoropropane (HCFC-225ea)                  
------------------------------------------------------------------------

    (c)  *  *  *

------------------------------------------------------------------------
                                                              Effective 
                       Category Name                             Date   
------------------------------------------------------------------------
                                                                        
                                 *******                                
Diisocyanates (This category includes only those chemicals              
 listed below)                                                    1/1/95
  038661-72-2 1,3-Bis(methylisocyanate)cyclohexane                      
  010347-54-3 1,4-Bis(methylisocyanate)cyclohexane                      
  002556-36-7 1,4-Cyclohexane diisocyanate                              
  134190-37-7 Diethyldiisocyanatobenzene                                
  004128-73-8 4,4'-Diisocyanatodiphenyl ether                           
  075790-87-3 2,4'-Diisocyanatodiphenyl sulfide                         
  000091-93-0 3,3'-Dimethoxybenzidine-4,4'-diisocyanate                 
  000091-97-4 3,3'-Dimethyl-4,4'-diphenylene diisocyanate               
  000139-25-3 3,3'-Dimethyldiphenylmethane-4,4'-                        
   diisocyanate                                                         
  000822-06-0 Hexamethylene-1,6-diisocyanate                            
  004098-71-0 Isophorone diisocyanate                                   
  075790-84-0 4-Methyldiphenylmethane-3,4-diisocyante                   
  005124-30-1 1,1-Methylene bis(4-isocyanatocyclohexane)                
  000101-68-8 Methylenebis(phenylisocyanate) (MDI)                      
  003173-72-6 1,5-Naphthalene diisocyanate                              
  000123-61-5 1,3-Phenylene diisocyanate                                
  000104-49-4 1,4-Phenylene diisocyanate                                
  009016-87-9 Polymeric diphenylmethane diisocyanate                    
  016938-22-0 2,2,4-Trimethylhexamethylene diisocyanate                 
  015646-96-5 2,4,4-Trimethylhexamethylene diisocyanate                 
                                                                        
                                 *******                                
Nicotine and salts                                                1/1/95
Nitrate compounds (water dissociable; reportable only when              
 in aqueous solution)                                             1/1/95
                                                                        
                                 *******                                
Polychlorinated alkanes: Includes those chemicals defined               
 by the following formula:                                        1/1/95
    CxH2x-yCly                                                          
where x = 10 to 13;                                                     
    y = 3 to 12; and                                                    
    where the average chlorine content ranges from 40-70%               
     with the limiting molecular formulas C10H19Cl3 and                 
     C13H16Cl12.                                                        
                                                                        
                                 *******                                
Polycyclic aromatic compounds (PACs): (This category                    
 includes only those chemicals listed below)                      1/1/95
  00056-55-3 Benz(a)anthracene                                          
  00218-01-9 Benzo(a)phenanthrene                                       
  00050-32-8 Benzo(a)pyrene                                             
  00205-99-2 Benzo(b)fluoranthene                                       
  00205-82-3 Benzo(j)fluoranthene                                       
  00207-08-9 Benzo(k)fluoranthene                                       
  00189-55-9 Benzo(rst)pentaphene                                       
  00226-36-8 Dibenz(a,h)acridine                                        
  00224-42-0 Dibenz(a,j)acridine                                        
  00053-70-3 Dibenzo(a,h)anthracene                                     
  05385-75-1 Dibenzo(a,e)fluoranthene                                   
  00192-65-4 Dibenzo(a,e)pyrene                                         
  00189-64-0 Dibenzo(a,h)pyrene                                         
  00191-30-0 Dibenzo(a,l)pyrene                                         
  00194-59-2 7H-Dibenzo(c,g)carbazole                                   
  00057-97-6 7,12-Dimethylbenz(a)anthracene                             
  00193-39-5 Indeno[1,2,3-cd]pyrene                                     
  03697-24-3 5-Methylchrysene                                           
  05522-43-0 1-Nitropyrene                                              
                                                                        
                                 *******                                
Strychnine and salts                                              1/1/95
                                                                        
                                 *******                                
------------------------------------------------------------------------


[FR Doc. 94-29376 Filed 11-23-94; 4:03 pm]
BILLING CODE 6560-50-F