[Federal Register Volume 60, Number 69 (Tuesday, April 11, 1995)]
[Rules and Regulations]
[Pages 18361-18364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8874]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 372

[OPPTS-400085A; FRL-4929-3]
RIN 2070-AC00


Copper Phthalocyanine Compounds; Toxic Chemical Release 
Reporting; Community Right-To-Know

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is deleting copper phthalocyanine compounds that are 
substituted with only hydrogen and/or bromine and/or chlorine from the 
``copper compounds'' category on the list of toxic chemicals subject to 
reporting under section 313 of the Emergency Planning and Community 
Right-to-Know Act of 1986 (EPCRA). This action is based on EPA's 
conclusion that copper phthalocyanine compounds that are substituted 
with only hydrogen and/or bromine and/or chlorine meet the deletion 
criteria of EPCRA section 313(d)(3). By promulgating this rule, EPA is 
relieving facilities of their obligation to report releases of copper 
phthalocyanine compounds that are substituted with only hydrogen and/or 
bromine and/or chlorine that occurred during the 1994 reporting year, 
and releases that will occur in the future.

EFFECTIVE DATE: This rule is effective April 11, 1995.

FOR FURTHER INFORMATION CONTACT: Maria J. Doa, Petitions Coordinator, 
202-260-9592, for specific information on this final rule, or for more 
information on EPCRA section 313, the Emergency Planning and Community 
Right-to-Know Hotline, Environmental Protection Agency, Mail Code 5101, 
401 M St., SW., Washington, DC 20460, Toll free: 1-800-535-0202, in 
Virginia and Alaska: 703-412-9877 or Toll free TDD: 1-800-553-7672.

SUPPLEMENTARY INFORMATION:

I. Introduction

A. Statutory Authority

    This action is issued under section 313(d) and (e)(1) of the 
Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), 42 
U.S.C. 11023. EPCRA is also referred to as Title III of the Superfund 
Amendments and Reauthorization Act of 1986 (SARA) (Pub. L. 99-499).

B. Background

    Section 313 of EPCRA requires certain facilities manufacturing, 
processing, or otherwise using listed toxic chemicals to report their 
environmental releases of such chemicals annually. Beginning with the 
1991 reporting year, such facilities must also report pollution 
prevention and recycling data for such chemicals, pursuant to section 
6607 of the Pollution Prevention Act (PPA) 42 U.S.C. 13106. When 
enacted, section 313 established an initial list of toxic chemicals 
that was comprised of more than 300 chemicals and 20 chemical 
categories. Section 313(d) authorizes EPA to add or delete chemicals 
from the list, and sets forth criteria for these actions. Under section 
313(e)(1), any person may petition EPA to add chemicals to or delete 
chemicals from the list. EPA has, from time to time, added and deleted 
chemicals from the original statutory list.
    EPA issued a statement of petition policy and guidance in the 
Federal Register of February 4, 1987 (52 FR 3479), to provide guidance 
regarding the recommended content and format for petitions. On May 23, 
1991 (56 FR 23703), EPA issued a statement of policy and guidance 
regarding the recommended content of petitions to delete individual 
members of the section 313 compound categories. EPA has also published 
a statement clarifying its interpretation of the section 313(d)(2) 
criteria for adding and deleting chemicals from the section 313 list 
(59 FR 61439; November 30, 1994).

II. Description of Petition and Proposed Action

    On March 5, 1993, the Agency received a petition from the Color 
Pigments Manufacturers Association (CPMA) to delete Color Index (C.I.) 
Pigment Blue 15:1 from the chemical category ``copper compounds'' 
subject to EPCRA reporting requirements. C.I. Pigment Blue 15:1 is a 
mixture of C.I. Pigment Blue 15 (copper phthalocyanine) and copper 
monochlorophthalocyanine. Because C.I. Pigment Blue 15 had already been 
deleted from the chemical category ``copper compounds'' (56 FR 23650; 
May 23, 1991), the Agency treated this petition as a request to remove 
copper monochlorophthalocyanine from the chemical category ``copper 
compounds.''
    Following a review of the petition, EPA issued a proposed rule in 
the Federal Register of June 6, 1994 (59 FR 29252), proposing to delete 
copper [[Page 18362]] monochlorophthalocyanine from the category 
``copper compounds'' on the list of toxic chemicals under EPCRA section 
313. EPA's proposal was based on its conclusion that copper 
monochlorophthalocyanine meets the EPCRA section 313(d)(3) criteria for 
deletion from the list. With respect to deletions, EPCRA provides at 
section 313(d)(3) that ``[a] chemical may be deleted if the 
Administrator determines there is not sufficient evidence to establish 
any of the criteria described in paragraph [(d)(2)(A)-(C)].'' 
Specifically, in the proposed rule EPA concluded preliminarily that 
there is not sufficient evidence to establish that copper 
monochlorophthalocyanine causes adverse acute human health effects, 
chronic human health effects, or environmental toxicity. This 
preliminary conclusion, which is detailed in the proposed rule, was 
based on the Agency's review of the petition, as well as other relevant 
materials included in the docket.
    In the proposed rule, EPA requested comment on the alternative of 
exempting all copper phthalocyanine compounds that are substituted with 
only hydrogen and/or bromine and/or chlorine from the reporting 
requirements under the ``copper compounds'' category on the EPCRA 
section 313 list. As stated in the preamble of the proposed rule, EPA 
has previously reviewed brominated/chlorinated copper phthalocyanine 
compounds as well as the parent compound, copper phthalocyanine, and 
believes that its conclusions regarding the toxicity of the intact 
compound and the availability of soluble copper from these substituted 
compounds apply to all copper phthalocyanine compounds that are 
substituted with only hydrogen and/or bromine and/or chlorine.

III. Final Rule and Rationale for Delisting

    In response to the petition from CPMA, EPA has decided to delete 
copper monochlorophthalocyanine from the list of chemicals for which 
reporting is required under section 313 of EPCRA and section 6607 of 
PPA. Further, the Agency has decided to expand this delisting action to 
include all copper phthalocyanine compounds that are substituted with 
only hydrogen and/or bromine and/or chlorine. EPA is delisting these 
chemicals because the Agency has determined that they satisfy the 
delisting criteria of EPCRA section 313(d)(3).

A. Response to Comments

    EPA received two comments on the proposed rule, both in support of 
the deletion of copper monochlorophthalocyanine. In addition, one of 
the commenters, CPMA strongly supports EPA's alternative proposal 
exempting all copper phthalocyanine compounds that are substituted with 
only hydrogen and/or bromine and/or chlorine from the reporting 
requirements under the ``copper compounds'' category on the EPCRA 
section 313 list. The commenter requests that EPA delete all of the 
possible compounds using the definition of substituted phthalocyanines 
provided in the proposed rule because these chemicals are abiotically 
and biotically stable chemicals that will not liberate soluble forms of 
copper and are not toxic in the intact form.
    EPA agrees with the commenters. EPA believes that copper 
phthalocyanine compounds that are substituted with only hydrogen and/or 
bromine and/or chlorine cannot reasonably be anticipated to cause 
adverse acute human health effects, chronic human health effects, or 
environmental toxicity. Thus, EPA is exempting these chemicals from the 
reporting requirements under the ``copper compounds'' category on the 
EPCRA section 313 list. Specifically, EPA is deleting all the chemicals 
that meet the following molecular structure definition:
[GRAPHIC][TIFF OMITTED]TR11AP95.002


where R= H and/or Br and/or Cl only.
    A guidance document, entitled ``Copper Phthalocyanine Compounds 
Excluded from the Reporting Requirements under the `Copper Compounds' 
Category on the EPCRA Section 313 List,'' that lists all known 
chemicals that meet this definition and that have Chemical Abstract 
Service (CAS) numbers, is available from the Emergency Planning and 
Community Right-to-Know Hotline. See the unit of this preamble entitled 
FOR FURTHER INFORMATION CONTACT for the address and telephone number. 
This guidance document is not intended to be all inclusive and there 
may be compounds not included in the guidance document which meet the 
above formula. Such compounds are also delisted by today's action.

B. Rationale for Delisting and Conclusions

    After reviewing comments received and other relevant information, 
EPA has concluded that the assessment set out in [[Page 18363]] the 
proposed rule should be affirmed. A more detailed discussion of the 
rationale for delisting is given in the proposed rule (June 6, 1994; 59 
FR 29252). Therefore, this final rule is based on EPA's conclusion that 
copper phthalocyanine compounds that are substituted with only hydrogen 
and/or bromine and/or chlorine cannot reasonably be anticipated to 
cause adverse acute human health effects, chronic human health effects, 
or environmental toxicity, because (1) The intact species do not meet 
the EPCRA section 313(d) criteria and (2) the copper ion from these 
copper phthalocyanine compounds will not become available. Thus, these 
chemicals meet the EPCRA section 313(d)(3) criterion for delisting 
(i.e., they do not meet any of the EPCRA section 313(d)(2) listing 
criteria). In reaching this conclusion, EPA considered the toxicity of 
intact copper phthalocyanine compounds and the copper ion as a 
potential source of toxicity from copper phthalocyanine compounds that 
are substituted with only hydrogen and/or bromine and/or chlorine. 
Initially, EPA analyzed the availability of copper ion. If the ion is 
not available, these compounds cannot cause toxicity due to copper ion. 
EPA has concluded that copper ion cannot reasonably be anticipated to 
become available from copper phthalocyanine compounds that are 
substituted with only hydrogen and/or bromine and/or chlorine.
    The intact copper phthalocyanine compounds that are substituted 
with only hydrogen and/or bromine and/or chlorine can reasonably be 
anticipated to be acutely toxic only at levels that greatly exceed 
estimated releases and resultant exposures. Therefore, these copper 
phthalocyanine compounds cannot reasonably be anticipated to cause ``. 
. . significant adverse acute human health effects at concentration 
levels that are reasonably likely to exist beyond facility site 
boundaries as a result of continuous, or frequently recurring 
releases.'' Thus, EPA has concluded that copper phthalocyanine 
compounds that are substituted with only hydrogen and/or bromine and/or 
chlorine do not meet the toxicity criteria for listing under EPCRA 
section 313(d)(2)(A).
    EPA has also concluded that copper phthalocyanine compounds that 
are substituted with only hydrogen and/or bromine and/or chlorine do 
not meet the toxicity criteria of EPCRA section 313(d)(2)(B) because 
these copper phthalocyanine compounds cannot reasonably be anticipated 
to cause cancer, developmental toxicity, reproductive toxicity, 
neurotoxicity, gene mutations, or chronic toxicity. These intact copper 
phthalocyanine compounds cannot reasonably be anticipated to cause such 
effects, and copper ion will not be available to cause chronic human 
toxicity.
    Finally, EPA has concluded that copper phthalocyanine compounds 
that are substituted with only hydrogen and/or bromine and/or chlorine 
do not meet the toxicity criteria of EPCRA section 313(d)(2)(C) because 
these copper phthalocyanine compounds cannot reasonably be anticipated 
to cause adverse environmental effects. In addition, copper ion will 
not become available from these copper phthalocyanine compounds and, 
therefore, will not be available to cause adverse environmental 
effects.

IV. Effective Date

    This action becomes effective April 11, 1995. Thus, the last year 
in which facilities had to file a Toxic Release Inventory (TRI) report 
for these copper phthalocyanine compounds was 1994, covering releases 
and other activities that occurred in 1993.
    Section 313(d)(4) provides that ``[a]ny revision'' to the section 
313 list of toxic chemicals shall take effect on a delayed basis. EPA 
interprets this delayed effective date provision to apply only to 
actions that add chemicals to the section 313 list. For deletions, EPA 
may, in its discretion, make such actions immediately effective. An 
immediate effective date is authorized, in these circumstances, under 5 
U.S.C. section 553(d)(1) because a deletion from the section 313 list 
relieves a regulatory restriction.
    EPA believes that where the Agency has determined, as it has with 
these copper phthalocyanine compounds, that a chemical does not satisfy 
any of the criteria of section 313(d)(2)(A)-(C), no purpose is served 
by requiring facilities to collect data or file TRI reports for that 
chemical, or, therefore, by leaving that chemical on the section 313 
list for any additional period of time. This construction of section 
313(d)(4) is consistent with previous rules deleting chemicals from the 
section 313 list. For further discussion of the rationale for immediate 
effective dates for EPCRA section 313 delistings, see 59 FR 33205.

V. Rulemaking Record

    The record supporting this final rule is contained in docket number 
OPPTS-400085A. All documents, including an index of the docket, are 
available in the TSCA Nonconfidential Information Center (NCIC), also 
known as, TSCA Public Docket Office from noon to 4 p.m., Monday through 
Friday, excluding legal holidays. TSCA NCIC is located at EPA 
Headquarters, Rm. NE-B607, 401 M St., SW., Washington, DC 20460.

VI. Regulatory Assessment Requirements

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. Under section 3(f), 
the order defines a ``significant regulatory action'' as an action 
likely to lead to a rule (1) Having an annual effect on the economy of 
$100 million or more, or adversely and materially affecting a sector of 
the economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or communities 
(also referred to as ``economically significant''); (2) creating 
serious inconsistency or otherwise interfering with an action taken or 
planned by another agency; (3) materially altering the budgetary 
impacts of entitlements, grants, user fees, or loan programs; or (4) 
raising novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in this Executive 
Order. Pursuant to the terms of this Executive Order, it has been 
determined that this final rule is not ``significant'' and therefore 
not subject to OMB review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act of 1980, the Agency must 
conduct a small business analysis to determine whether a substantial 
number of small entities would be significantly affected by the final 
rule. Because the final rule eliminates an existing requirement, it 
would result in cost savings to facilities, including small entities.

C. Paperwork Reduction Act

    This final rule does not have any information collection 
requirements subject to the provisions of the Paperwork Reduction Act 
of 1980, 44 U.S.C. 3501 et seq.

List of Subjects in 40 CFR Part 372

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

    [[Page 18364]] Dated: March 30, 1995.
Lynn Goldman,
Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.
    Therefore, 40 CFR part 372 is amended as follows:
    1. The authority citation for part 372 continues to read as 
follows:

    Authority: 42 U.S.C. 11023 and 11048.


Sec. 372.65  [Amended]

    2. In Sec. 372.65(c) by adding the following language to the copper 
compounds listing ``except copper phthalocyanine compounds that are 
substituted with only hydrogen and/or bromine and/or chlorine that meet 
the following molecular structure definition:
[GRAPHIC][TIFF OMITTED]TR11AP95.003


where R = H and/or Br and/or Cl only.''

[FR Doc. 95-8874 Filed 4-10-95; 8:45 am]
BILLING CODE 6560-50-F