[Federal Register Volume 61, Number 144 (Thursday, July 25, 1996)]
[Rules and Regulations]
[Pages 38600-38605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18944]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 372

[OPPTS-400062A; FRL-5372-3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is modifying the listing for hydrochloric acid on the list 
of toxic chemicals subject to the reporting requirements under section 
313 of the Emergency Planning and Community Right-to-Know Act of 1986 
(EPCRA) and section 6607 of the Pollution Prevention Act of 1990 (PPA). 
Specifically, EPA is deleting non-aerosol forms of hydrochloric acid 
because the Agency has concluded that the non-aerosol forms of 
hydrochloric acid meet the section 313(d)(3) deletion criterion. By 
promulgating this rule, EPA is relieving facilities of their obligation 
to report releases of and other waste management information on non-
aerosol forms of hydrochloric acid that occurred during the 1995 
reporting year, and for activities in the future.

DATES: This rule is effective July 25, 1996.

FOR FURTHER INFORMATION CONTACT: Daniel R. Bushman, Acting Petitions 
Coordinator, 202-260-3882, e-mail: bushman.daniel @epamail.epa.gov, for 
specific information on this final rule, or for more information on 
EPCRA section 313, the Emergency Planning and Community Right-to-Know 
Hotline, Environmental Protection Agency, Mail Code 5101, 401 M St., 
SW., Washington, DC 20460, Toll free: 1-800-535-0202, in Virginia and 
Alaska: 703-412-9877, or Toll free TDD: 1-800-553-7672.

SUPPLEMENTARY INFORMATION:

[[Page 38601]]

I. Introduction

A. Affected Entities

    Entities potentially affected by this action are those which 
manufacture, process, or otherwise use hydrochloric acid and which are 
subject to the reporting requirements of section 313 of the Emergency 
Planning and Community Right-to-Know Act of 1986 (EPCRA), 42 U.S.C. 
11023, and section 6607 of the Pollution Prevention Act of 1990 (PPA), 
42 U.S.C. 13106. Some of the affected categories and entities include:

                                                                        
------------------------------------------------------------------------
                                                Examples of affected    
                 Category                             entities          
------------------------------------------------------------------------
Industry                                    Facilities in the           
                                             manufacturing sector       
                                             (Standard Industrial       
                                             Classification codes 20-39)
                                             that manufacture, process  
                                             or otherwise use           
                                             hydrochloric acid.         
Federal Government                          Federal Agencies that       
                                             manufacture, process, or   
                                             otherwise use hydrochloric 
                                             acid.                      
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be affected by this 
action. This table lists the types of entities that EPA is now aware 
could potentially be affected by this action. Other types of entities 
not listed in the table could also be affected. To determine whether 
your facility is affected by this action, you should carefully examine 
the applicability criteria in part 372 subpart B of Title 40 of the 
Code of Federal Regulations.

B. Statutory Authority

    This action is taken under sections 313(d) and (e)(1) of EPCRA. 
EPCRA is also referred to as Title III of the Superfund Amendments and 
Reauthorization Act of 1986 (SARA) (Pub. L. 99-499).

C. Background

    Section 313 of EPCRA requires certain facilities manufacturing, 
processing, or otherwise using listed toxic chemicals to report their 
environmental releases of such chemicals annually. Beginning with the 
1991 reporting year, such facilities must also report pollution 
prevention and recycling data for such chemicals, pursuant to section 
6607 of PPA. When enacted, section 313 established an initial list of 
toxic chemicals that was comprised of more than 300 chemicals and 20 
chemical categories. Hydrochloric acid was included in the initial list 
of chemicals and chemical categories. Section 313(d) authorizes EPA to 
add chemicals to or delete chemicals from the list, and sets forth 
criteria for these actions. Under section 313(e)(1), any person may 
petition EPA to add chemicals to or delete chemicals from the list. EPA 
has added and deleted chemicals from the original statutory list. 
Pursuant to EPCRA section 313(e)(1), EPA must respond to petitions 
within 180 days either by initiating a rulemaking or by publishing an 
explanation of why the petition has been denied.
    EPA issued a statement of petition policy and guidance in the 
Federal Register of February 4, 1987 (52 FR 3479), to provide guidance 
regarding the recommended content and format for petitions. On May 23, 
1991 (56 FR 23703), EPA issued a statement of policy and guidance 
regarding the recommended content of petitions to delete individual 
members of the section 313 metal compound categories. EPA has published 
a statement clarifying its interpretation of the section 313(d)(2) and 
(3) criteria for adding and deleting chemicals from the section 313 
toxic chemical list (59 FR 61439, November 30, 1994) (FRL-4922-2).

II. Description of Petition and Proposed Action

    On September 11, 1991, EPA received a petition from BASF 
Corporation, E.I. duPont de Nemours, Monsanto Company, and Vulcan 
Materials Company to qualify the listing for hydrochloric acid by 
requiring release reporting only for hydrochloric acid aerosols and 
deleting other forms of hydrochloric acid from the list of chemicals 
under EPCRA section 313. The petitioners maintain that non-aerosol 
forms of hydrochloric acid do not meet the statutory criteria under 
EPCRA section 313 for acute, chronic, or environmental effects.
    There are precedents for qualified chemical listings under EPCRA 
section 313. The original list established by Congress contained a 
number of qualified listings including: aluminum (fume or dust), 
ammonium nitrate (solution), asbestos (friable), phosphorus (yellow or 
white), vanadium (fume or dust), and zinc (fume or dust). Also EPA 
recently modified the sulfuric acid listing (60 FR 34182, June 30, 
1995) (FRL-4946-3) by exempting non-aerosol forms of sulfuric acid 
exactly as is being done in today's action. As with this list 
modification, EPA found that non-aerosol forms of sulfuric acid do not 
meet the toxicity criteria of section 313(d)(2). Other qualified 
listings include those for fibrous aluminum oxide (55 FR 5220, February 
14, 1990) and water dissociable nitrate compounds (59 FR 61432, 
November 30, 1994) (FRL-4922-2).
    Following a review of the petition, EPA granted the petition and 
issued a proposed rule in the Federal Register on November, 15, 1995 
(60 FR 57383) (FRL-4045-4), proposing to delete non-aerosol forms of 
hydrochloric acid from the list of toxic chemicals under EPCRA section 
313. EPA's proposal was based on its conclusion that these forms of 
hydrochloric acid meet the EPCRA section 313(d)(3) criterion for 
deletion from the list. EPCRA provides at section 313(d)(3) that ``[a] 
chemical may be deleted if the Administrator determines there is not 
sufficient evidence to establish any of the criteria described in 
paragraph [(d)(2)(A)-(C)].'' Specifically, in the proposed rule, EPA 
preliminarily concluded that there is not sufficient evidence to 
establish that non-aerosol forms of hydrochloric acid cause adverse 
acute human health effects at concentration levels that are reasonably 
likely to exist beyond facility site boundaries, chronic human health 
effects, or environmental toxicity. This preliminary conclusion, which 
is detailed in the proposed rule, was based on the Agency's review of 
the petition, as well as other relevant materials included in the 
rulemaking record for this action. For the purposes of this final rule, 
EPA considers the term aerosol to cover any generation of airborne 
hydrochloric acid (including mists, vapors, gas, or fog) without regard 
to particle size.
    On February 1, 1993 (58 FR 6609), EPA issued a notice announcing 
that a public hearing would be held to address petitions to modify the 
listings for both hydrochloric and sulfuric acids (on December 24, 
1990, a petition was received from the Environmental Policy Center on 
behalf of American Cyanamid to modify the listing of sulfuric acid to 
include only aerosol forms of this chemical). In the February 1, 1993 
notice, EPA requested comment on a number of the issues raised by 
commenters in response to the proposed rule to modify the listing for 
sulfuric acid (56 FR 34156, July 26, 1991). The Agency believed that 
these issues were also relevant to hydrochloric acid. Specifically, 
these issues were: (1) The extent to which EPA should rely on existing 
regulatory controls under other statutes to support a determination 
that continuous, or frequently recurring, releases of these acids are 
unlikely to cause adverse acute human health effects or significant 
adverse

[[Page 38602]]

environmental effects; (2) the sufficiency of the evidence required to 
determine if the non-aerosol forms of these acids meet the EPCRA 
section 313(d)(2)(A) and (C) criteria; (3) whether EPA should consider 
accidental release data in making a finding for environmental effects 
under EPCRA section 313(d)(2)(C); (4) the relevance of release 
reporting under other statutory provisions to the issue of whether non-
aerosol forms of these acids meet the listing criteria; and (5) other 
reporting options.
    The public meeting was held on March 3, 1993. At this meeting, EPA 
discussed the specific issues described in the February 1, 1993 notice 
and presented data on accidental and routine releases of sulfuric and 
hydrochloric acids. Comments were then presented by the public. One 
comment presented at the public meeting specific to hydrochloric acid 
came from the Great Lakes Chemical Company. This commenter stated that 
hydrochloric acid does not meet either of the listing criteria set 
forth in EPCRA section 313(d)(2)(A) or (C). The commenter discussed at 
length the lack of environmental risks posed by deep well injection of 
hydrochloric acid in oil and gas operations. EPA agrees with the 
commenter that non-aerosol forms of hydrochloric acid do not meet the 
EPCRA section 313 listing criteria and therefore none of the 
environmental releases, including deep well injection, of these non-
aerosol forms should be reported under EPCRA section 313.
    At the public meeting, EPA received other comments that pertained 
to both the non-aerosol forms of hydrochloric and sulfuric acid. The 
major comments received concerned the reporting of accidental releases, 
effects of the removal of these chemicals on the Right-to-Know program, 
reliance on other regulatory mechanisms for reporting, and the effects 
delisting would have on pollution prevention. A brief summary of the 
major comments received that are relevant to hydrochloric acid and 
EPA's responses to those comments follow. More detailed responses to 
the major issues raised by the comments presented and/or submitted at 
the public meeting can be found in the final rulemaking delisting non-
aerosol forms of sulfuric acid (60 FR 34182, June 30, 1995) (FRL-4946-
3).
    EPA received comments citing concerns for accidental releases of 
non-aerosol forms of hydrochloric acid and the environmental damages 
that have resulted. As discussed further in Unit III.B. of this 
preamble, the Agency believes that the limited number of accidental 
releases of non-aerosol forms of hydrochloric acid do not result in 
significant adverse effects of sufficient seriousness to warrant 
continued listing under EPCRA section 313.
    Several commenters stated their opposition to removing non-aerosol 
forms of hydrochloric acid from reporting under EPCRA section 313 
because it defeats the intent of the Right-to-Know program. These 
commenters contend that removing reporting for non-aerosol forms of 
hydrochloric acid under EPCRA section 313 will result in a significant 
information gap regarding ``routine'' releases of the chemical.
    EPA agrees that by delisting non-aerosol forms of hydrochloric 
acid, information on the management of these forms of the chemical may 
be more difficult to obtain. However, EPA believes that adequate 
information on non-aerosol forms of hydrochloric acid will still be 
available through other sources.
    EPA received a comment stating that it is inappropriate for the 
Agency to rely solely on regulations developed under other statutes to 
determine whether significant adverse human health or environmental 
effects result from releases that are reported under EPCRA section 313.
    While EPA does not rely solely on data as collected under other 
regulations, the Agency does believe that data collected under other 
regulations can assist in listing and delisting decisions. In the 
Agency's review of non-aerosol forms of hydrochloric acid, EPA has not 
uncovered any information to indicate that non-aerosol forms of this 
chemical cause significant adverse human health or environmental 
effects of sufficient seriousness to warrant reporting.
    A number of comments received from industry contend that any 
significant adverse effects that may be caused from releases of non-
aerosol forms of hydrochloric acid are already addressed through 
several other regulations. Additional comments from industry asserted 
that non-compliance with other statutes must be addressed through the 
enforcement mechanisms of those statutes and should not be considered 
in EPCRA section 313 listing or delisting decisions.
    EPA agrees with the commenters that non-compliance with other 
statutes should be addressed through those regulations. However, the 
Agency has also found that the EPCRA section 313 data are useful in 
identifying facilities that may not be in compliance with a particular 
statute.
    EPA received comments that stated that the removal of non-aerosol 
forms of hydrochloric acid will have the effect of removing industry's 
incentive for conducting pollution prevention efforts for their uses of 
this chemical which is contrary to the intent of the PPA.
    EPA does not agree that this delisting action will undermine 
pollution prevention efforts. There are numerous other incentives for 
facilities to reduce their releases of a specific chemical, including 
financial incentives. In addition, facilities will be able to focus 
their pollution prevention efforts and report their progress on the 
forms of hydrochloric acid that pose the greatest hazard, the aerosol 
forms.

III. Final Rule and Rationale for Delisting

A. Comments on the Proposed Modification to Delete Non-Aerosol Forms of 
Hydrochloric Acid

    EPA received 21 written comments (i.e., in addition to those 
received at the public meeting) on the proposed deletion of non-aerosol 
forms of hydrochloric acid from the EPCRA section 313 toxic chemical 
list, all of which supported the proposed action. All 21 comments were 
from industry representatives. All commenters supported the listing 
modification on the grounds that non-aerosol forms do not meet the 
statutory criteria of section 313(d)(2)(A)-(C). One commenter from the 
International Dairy Foods Association requested that this listing 
modification be extended to include non-aerosol forms of phosphoric and 
nitric acids. Specifically, the commenter ``support[s] an alternative 
listing option that eliminates the reporting requirement for all 
transfers to Publicly Owned Treatment Works (POTW) of all non-aerosol 
forms of mineral acids.''
    The commenter refers to an issue raised at the March 3, 1993 public 
meeting regarding the health and safety of POTW workers that may be 
jeopardized as a result of transfers of mineral acids to POTWs. The 
commenter contends that the effluent guidelines, issued under 40 CFR 
part 403, prohibit an effluent discharge to a POTW with a pH below 5. 
The commenter continues, ``EPA has stated that a pH between 6 and 9 is 
neutral, therefore, the only concern is for discharges [within effluent 
guidelines] between pH 5 and pH 6.'' The commenter compares this range 
with that of acid rain. The commenter further states that he is 
``unaware of any human health hazard associated with direct contact 
with acid rain, and therefore, continuing to report releases between a 
pH of 5 and 6 provides no benefit to POTW workers.''

[[Page 38603]]

    The Agency is currently reviewing the toxicity hazards associated 
with phosphoric and nitric acid to determine if any modification to the 
EPCRA section 313 reporting requirements for these acids is 
appropriate. However, in response to a petition that was withdrawn, EPA 
has published an analysis of the hazards associated with phosphoric 
acid (55 FR 25876, June 25, 1990). There are also additional concerns 
for nitric acid. In addition to exhibiting the characteristic of 
acidity, nitric acid, when neutralized, exhibits the toxicity of a 
nitrate compound. On November 30, 1994 (59 FR 61432), EPA added a 
nitrate compounds category to the EPCRA section 313 list of toxic 
chemicals based on the toxicity of nitrate. EPA believes that water 
dissociable nitrate compounds meet the criteria of EPCRA section 
313(d)(2)(B).

B. Rationale for Delisting and Conclusions

    EPA has concluded that the assessment set out in the proposed rule 
should be affirmed. Specifically, hydrochloric acid aerosols meet the 
toxicity criteria of section 313(d)(2), while non-aerosol forms of the 
acid do not. EPA's decision to delete non-aerosol forms of hydrochloric 
acid is based on the Agency's evaluation of the toxicity of non-aerosol 
forms of hydrochloric acid and the levels of hydrochloric acid exposure 
to which humans and the environment may be subject (Ref. 1). The non-
aerosol forms of hydrochloric acid are acutely toxic at low pH; 
however, there is no information to indicate that non-aerosol forms of 
hydrochloric acid present a health or environmental risk as a result of 
continuous, or frequently recurring, releases from facilities.
    EPA has concluded that non-aerosol forms of hydrochloric acid do 
not meet the statutory criterion of section 313(d)(2)(A) regarding 
acute human health effects; specifically, that the ``chemical is known 
to cause or can reasonably be anticipated to cause significant adverse 
acute human health effects at concentration levels that are reasonably 
likely to exist beyond facility boundaries as a result of continuous, 
or frequently recurring, releases.'' EPA's review of the toxicity and 
exposure information indicates that although hydrochloric acid in 
concentrated forms is acutely toxic, it is unlikely that persons will 
be exposed to acutely toxic concentration levels beyond facility 
boundaries as ``a result of continuous, or frequently recurring, 
releases.''
    Rather than being dependent upon average dose over time, e.g., 
quantity ingested as milligrams/kilogram/day (mg/kg/day), the chronic 
toxicity hazard of non-aerosol forms of hydrochloric acid is primarily 
dependent on the pH of the solution which is directly related to the 
concentration of hydrochloric acid in the solution. Only solutions of 
high hydrochloric acid concentration (i.e., solutions with a pH of 
approximately 1 or lower) express this chronic toxicity hazard. The 
physical and chemical properties of hydrochloric acid (Ref. 2) are such 
that, in the environment, highly concentrated solutions (i.e., 
solutions with low pH) are not anticipated to be sustained for any 
significant period of time, particularly in water. Therefore, 
concentrations of non-aerosol forms of hydrochloric acid that can 
express a chronic toxicity hazard are unlikely to exist in the 
environment, particularly in water. Because the physical and chemical 
properties of non-aerosol forms of hydrochloric acid limit its 
existence as highly concentrated solutions in the environment and 
because only highly concentrated solutions result in a pH low enough to 
cause chronic toxicity, non-aerosol forms of hydrochloric acid pose a 
low chronic toxicity hazard to human health. Therefore, EPA has 
concluded that non-aerosol forms of hydrochloric acid do not meet the 
chronic toxicity listing criterion in section 313(d)(2)(B), because the 
chemical in its non-aerosol forms is not known to cause nor can 
reasonably be anticipated to cause chronic health effects.
    As with chronic human health effects, the adverse environmental 
effects of non-aerosol forms of hydrochloric acid are dependent on the 
pH of the solution which is directly related to the concentration of 
hydrochloric acid in the solution. Adverse environmental effects are 
observed at pH levels below approximately 5.0. Based on the amount of 
hydrochloric acid required to maintain a pH of 5.0 or less, the non-
aerosol forms of hydrochloric acid are considered to pose a moderate 
hazard to aquatic organisms. Given the regulatory restrictions 
governing handling and environmental releases of concentrated 
hydrochloric acid, exposures to pH levels below 5.0 are primarily a 
result of accidental releases. The data indicate that accidental 
releases of hydrochloric acid to surface waters are infrequent and 
isolated occurrences. In only a few circumstances could evidence of 
adverse environmental effects (e.g., fish kills) be found. Chronic 
aquatic toxicity is not expected to occur since any pH excursions are 
expected to dissipate rapidly due to the physical and chemical 
properties of non-aerosol forms of hydrochloric acid (Ref. 2). 
Therefore, the environmental listing criterion, 313(d)(2)(C), is not 
met because the non-aerosol forms of hydrochloric acid are not known to 
cause nor can they be reasonably anticipated to cause a significant 
adverse effect on the environment of sufficient seriousness to warrant 
release reporting.
    Although not a factor in the delisting decision, deleting non-
aerosol forms of hydrochloric acid from the section 313 list will not 
result in any significant reduction in the information now available to 
the public concerning spills of hydrochloric acid. Since reporting of 
spills under section 313 is only required to be submitted to EPA as 
part of an overall annual release number, no direct and immediate 
notice to the public of such an accidental release or spill of 
hydrochloric acid is available through section 313 reports or through 
the Toxic Release Inventory (TRI) data base, i.e., only annual release 
figures are available. In addition, other statutory mechanisms exist by 
which information on spills of hydrochloric acid will be made available 
to the public. These mechanisms, which are the same as for sulfuric 
acid, are detailed in Unit III.A. of the preamble to the Final Rule on 
sulfuric acid (60 FR 34183).
    Therefore, EPA is modifying the listing for hydrochloric acid by 
deleting non-aerosol forms of hydrochloric acid. For the purposes of 
this deletion, EPA considers the term aerosol to cover any generation 
of airborne hydrochloric acid (including mists, vapors, gas, or fog) 
without regard to particle size. This action to delete non-aerosol 
forms of hydrochloric acid from the section 313 list is not meant to 
suggest that the Agency considers hydrochloric acid to be a ``safe'' 
chemical. Rather, this action reflects the fact that non-aerosol forms 
of the chemical do not meet the toxicity criteria set forth in EPCRA 
section 313(d)(2). Nor is today's action intended, or should it be 
inferred, to affect the status of non-aerosol forms of hydrochloric 
acid under any other statute or program other than the reporting 
requirements under EPCRA section 313.

C. Reporting Aerosol Forms of Hydrochloric Acid

    For purposes of threshold determination under 40 CFR 372.25, any 
generation of airborne hydrochloric acid (including mists, vapors, gas, 
or fog) without regard to particle size, is considered manufacture of 
hydrochloric acid aerosols. The quantity of airborne hydrochloric acid 
manufactured, not the amount released, would be compared

[[Page 38604]]

with the reporting thresholds in EPCRA section 313(f).
    Generation of airborne hydrochloric acid is expected to occur from, 
but is not limited to: The reaction of alkali metal chlorides (e.g., 
sodium chloride, potassium chloride) by strong acids (e.g., sulfuric 
acid); the reaction of alkali metal chlorides with sulfur dioxide in 
the presence of air and water; the reaction of hydrogen with chlorine; 
syntheses of organic compounds that require the use of chlorine or 
chloride-containing substances; combustion of organic chlorides or 
inorganic chlorides; production or processing of solutions of 
hydrochloric acid; and volatilization or vaporization of hydrochloric 
acid from manufacture or processing. EPA will be developing a guidance 
document to assist facilities in determining whether the facilities are 
manufacturing, processing or otherwise using aerosol forms of 
hydrochloric acid as defined under EPCRA section 313.

IV. Effective Date

    This action becomes effective July 25, 1996, thus the last year in 
which facilities had to file a TRI report for non-aerosol forms of 
hydrochloric acid was 1995, covering releases and other activities that 
occurred in 1994. Section 313(d)(4) provides that ``[a]ny revision'' to 
the section 313 list of toxic chemicals shall take effect on a delayed 
basis. EPA interprets this delayed effective date provision to apply 
only to actions that add chemicals to the section 313 list. For 
deletions, EPA may, in its discretion, make such actions immediately 
effective. An immediate effective date is authorized, in these 
circumstances, under 5 U.S.C. section 553(d)(1) because a deletion from 
the section 313 list relieves a regulatory restriction.
    EPA believes that where the Agency has determined, as it has with 
these non-aerosol forms of hydrochloric acid, that a chemical does not 
satisfy any of the criteria of section 313(d)(2)(A)-(C), no purpose is 
served by requiring facilities to collect data or file TRI reports for 
that chemical, or, therefore, by leaving that chemical on the section 
313 list for any additional period of time. This construction of 
section 313(d)(4) is consistent with previous rules deleting chemicals 
from the section 313 list. For further discussion of the rationale for 
immediate effective dates for EPCRA section 313 delistings, see 59 FR 
33205 (June 28, 1994).

V. Additional Time to Report for 1995

    EPA recognizes that today's action has come so close to the 
extended August 1, 1996, deadline for filing TRI reports for the 1995 
reporting year (see 61 FR 2721, January 29, 1996) that facilities that 
have not yet filed their report for hydrochloric acid may not have 
sufficient time to reassess their threshold determinations and release 
estimates based on the new reporting requirements for hydrochloric 
acid. Therefore, in order to avoid inaccurate and unnecessary reporting 
and to reduce the reporting burden associated with the filing of 
revised reports, EPA is allowing an additional two weeks, until August 
15, 1996, for facilities to file their TRI reports for hydrochloric 
acid (acid aerosols). TRI Reports on hydrochloric acid (acid aerosols) 
for the 1995 reporting year that are filed after August 15, 1996, will 
be subject to EPA enforcement action, where appropriate. This 2-week 
extension applies only to TRI reports for hydrochloric acid; reports 
for all other chemicals subject to the reporting requirements of EPCRA 
section 313 and PPA section 6607 are still subject to the August 1, 
1996 reporting deadline.
    Facilities that have already filed a Form R report for hydrochloric 
acid covering Reporting Year 1995 may wish to either: (1) Revise this 
report, or (2) submit a withdrawal request if the facility did not 
exceed the appropriate threshold for the aerosol forms of the chemical, 
or (3) submit a withdrawal request if the threshold determinations were 
made on non-aerosol forms of hydrochloric acid only. Revisions and 
withdrawal requests must be submitted no later than October 15, 1996. 
Unless EPA receives a revision or withdrawal request by October 15, 
1996, EPA will include, in the TRI under the hydrochloric acid (acid 
aerosols) listing, all hydrochloric acid release and waste management 
information as reported on each Form R received. This will include any 
quantities of the non-aerosol forms of hydrochloric acid that where 
included on a facility's Form R report.
    This allowance of additional time for reporting on hydrochloric 
acid applies only to the EPCRA section 313/PPA section 6607 reporting 
obligations for TRI reports otherwise due on August 1, 1996, covering 
calendar year 1995. Nothing in this notice regarding extension of 
reporting deadlines shall be construed to apply to any other EPCRA 
reporting obligations, or to any TRI reports due for past or future 
reporting years. Further, this allowance of additional time for 
reporting applies only to the federal EPCRA section 313/PPA section 
6607 reporting obligation; it does not apply to independent obligations 
under State laws which also require TRI-type reports. However, EPA 
encourages the States with similar requirements that relate to federal 
TRI reporting to embrace this allowance of additional time.
    To the extent that this action extending the reporting deadline 
might be construed as rulemaking subject to section 553 of the 
Administrative Procedure Act, for the reasons stated above, EPA has 
determined that notice and an opportunity for public comment are 
impracticable and unnecessary. Providing for public comment might 
further delay reporting, and, because there is no substantive change in 
the reporting obligation, other than allowing an additional 2 weeks, 
the public will continue to receive the same information, though 
slightly delayed. Also, public comment would not further inform EPA's 
decision because the event giving rise to the need to provide extra 
time for reporting on hydrochloric acid has already occurred. In 
addition, additional notice and comment procedures in this situation 
would be contrary to the public interest in timely and accurate 
reporting of data under EPCRA section 313 and PPA section 6607.

VI. Rulemaking Record

    The record supporting this decision is contained in docket control 
number OPPTS-400062A. All documents, including an index of the docket 
and the references listed in Unit VI. of this preamble, are available 
in the TSCA Nonconfidential Information Center (NCIC), also known as, 
TSCA Public Docket Office from 12 noon to 4 p.m., Monday through 
Friday, excluding legal holidays. TSCA NCIC is located at EPA 
Headquarters, Rm. NE-B607, 401 M St., SW., Washington, DC 20460.

VII. References

    1. USEPA. 1995. Technical Support Document for the Petition to 
Delist Non-aerosol Forms of Hydrochloric Acid from EPCRA Section 313.
    2. Brady, J.E., Humiston, G.E. General Chemistry Principles and 
Structure. John Wiley & Sons, New York, (1978), pp. 394-431.

VIII. Regulatory Assessment Requirements

    It has been determined that this action is not a ``significant 
regulatory action'' within the meaning of Executive Order 12866 (58 FR 
51735, October 4, 1993), because this action eliminates an existing 
regulatory requirement. The Agency estimates the cost savings to 
industry from this action to be between $4.9 and $7.6 million per year. 
The cost savings to EPA is estimated at $135,000 to $201,000 per year. 
The lower bound estimate of the total annual savings for

[[Page 38605]]

industry and EPA from this action is $5,035,000 and the upper bound 
estimate is $7,801,000.
    This action does not impose any Federal mandate on State, local or 
tribal governments or the private sector within the meaning of the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4). And, given its 
deregulatory nature, I hereby certify pursuant to the Regulatory 
Flexibility Act (5 U.S.C. 605(b)), that this action does not have a 
significant economic impact on a substantial number of small entities. 
As required, information to this effect has been forwarded to the Small 
Business Administration.
    This action does not have any information collection requirements 
subject to the provisions of the Paperwork Reduction Act of 1980, 44 
U.S.C. 3501 et seq. The elimination of the information collection 
components for this action is expected to result in the elimination of 
92,000 to 141,000 paperwork burden hours.
    In addition, pursuant to Executive Order 12898 (59 FR 7629, 
February 16, 1994), entitled ``Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations,'' the 
Agency has determined that there are no environmental justice related 
issues with regard to this action since this final rule simply 
eliminates reporting requirements for a chemical that, under the 
criteria of EPCRA section 313, does not pose a concern for human health 
or the environment.
    Under 5 U.S.C. 801(a)(1)(A) of the Administrative Procedure Act 
(APA) as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996 (Title II of Pub. L. 104-121, 110 Stat. 847), EPA submitted 
a report containing this rule and other required information to the 
U.S. Senate, the U.S. House of Representatives and the Comptroller 
General of the General Accounting Office prior to publication of the 
rule in today's Federal Register. This rule is not a ``major rule'' as 
defined by 5 U.S.C. 804(2) of the APA as amended.

List of Subjects in 40 CFR Part 372

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

    Dated: July 19, 1996.
Lynn R. Goldman,
Assistant Administrator, Office of Prevention, Pesticides and Toxic 
Substances.
    Therefore, 40 CFR part 372 is amended as follows:
    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. Sections 372.65(a) and (b) are amended by adding the 
parenthetical to the entry for hydrochloric acid to read ``Hydrochloric 
acid (acid aerosols including mists, vapors, gas, fog, and other 
airborne forms of any particle size)'' under paragraph (a) and for CAS 
number entry 7647-01-0 under paragraph (b).

[FR Doc. 96-18944 Filed 7-24-96; 8:45 am]
BILLING CODE 6560-50-F