Hi everyone, Now that we have all been working diligently on our TRI reports, EPA has decided to delete hydrochloric acid, except for aerosol forms. The EPA e-mail is presented below. Enjoy!. John Sharp Merix Corp., Forest Grove OR 503-359-9300 (5-4351) 503-359-1040 FAX [log in to unmask] [Federal Register: July 25, 1996 (Volume 61, Number 144)] [Rules and Regulations] [Page 38600-38605] >From the Federal Register Online via GPO Access [wais.access.gpo.gov] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 372 [OPPTS-400062A; FRL-5372-3] Hydrochloric Acid; Toxic Chemical Release Reporting; Community Right-to-Know AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: EPA is modifying the listing for hydrochloric acid on the list of toxic chemicals subject to the reporting requirements under section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) and section 6607 of the Pollution Prevention Act of 1990 (PPA). Specifically, EPA is deleting non-aerosol forms of hydrochloric acid because the Agency has concluded that the non-aerosol forms of hydrochloric acid meet the section 313(d)(3) deletion criterion. By promulgating this rule, EPA is relieving facilities of their obligation to report releases of and other waste management information on 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 The mail list is provided by IPC using SmartList v3.05 To unsubscribe from this list at any time, send a message to: [log in to unmask] with <subject: unsubscribe> and no text.