[Federal Register Volume 65, Number 124 (Tuesday, June 27, 2000)]
[Rules and Regulations]
[Pages 39552-39556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16182]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 372
[OPPTS-400056B; FRL-6591-5]
RIN 2070-AC00
Phosphoric Acid; Community Right-to-Know Toxic Chemical Release
Reporting
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is deleting phosphoric acid from the list of chemicals
subject to reporting requirements under section 313 of the Emergency
Planning and Community-Right-to-Know Act (EPCRA) and section 6607 of
the Pollution Prevention Act of 1990 (PPA) in response to the United
States District Court for the District of Columbia ruling that
phosphoric acid does not meet EPCRA section 313(d)(2)(C) listing
criterion. On April 15, 1999, the United States District Court reversed
EPA's denial of a petition that The Fertilizer Institute (TFI)
submitted to the Agency to delete phosphoric acid from the EPCRA
section 313 list of toxic chemicals. By promulgating this rule, EPA is
relieving facilities of their obligation to report releases of and
other waste management information on phosphoric acid that occurred
during the 1999 reporting year, and for activities in the future.
EFFECTIVE DATE: This rule is effective June 27, 2000.
FOR FURTHER INFORMATION CONTACT: Daniel R. Bushman, Petitions
Coordinator, (202) 260-3882, e-mail: [email protected], for
specific information on this document, or for more information on EPCRA
section 313, the Emergency Planning and Community Right-to-Know
Hotline, Environmental Protection Agency, Mail Code 5101, 1200
Pennsylvania Ave., NW., Washington, DC 20460, Toll free: 1-800-535-
0202, in Virginia and Alaska: (703) 412-9877 or Toll free TDD: 1-800-
553-7672. Information concerning this notice is also available on EPA's
Web site at http://www.epa.gov/tri.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be affected by this action if you manufacture, process, or
otherwise use phosphoric acid. Potentially affected categories and
entities may include, but are not limited to:
------------------------------------------------------------------------
Examples of Potentially Affected
Category Entities
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Industry SIC major group codes 10 (except
1011, 1081, and 1094), 12 (except
1241), or 20 through 39; industry
codes 4911 (limited to facilities
that combust coal and/or oil for
the purpose of generating power for
distribution in commerce); 4931
(limited to facilities that combust
coal and/or oil for the purpose of
generating power for distribution
in commerce); or 4939 (limited to
facilities that combust coal and/or
oil for the purpose of generating
power for distribution in
commerce); or 4953 (limited to
facilities regulated under the
Resource Conservation and Recovery
Act, subtitle C, 42 U.S.C. section
6921 et seq.), or 5169, or 5171, or
7389 (limited to facilities
primarily engaged in solvent
recovery services on a contract or
fee basis
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Federal Government Federal facilities
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in the table could also be
affected. To determine whether your facility would be 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 (CFR). If
you have questions regarding the applicability of this action to a
particular entity, consult the person listed in the preceding ``FOR
FURTHER INFORMATION CONTACT'' section.
B. How Can I Get Additional Information or Copies of this Document or
Other Support Documents?
1. Electronically. You may obtain electronic copies of this
document from the EPA internet Home Page at http:// www.epa.gov/. On
the Home Page select
[[Page 39553]]
``Laws and Regulations'' and then look up the entry for this document
under the ``Federal Register--Environmental Documents.'' You can also
go directly to the ``Federal Register'' listings at http://www.epa.gov/fedrgstr/. Information concerning this notice is also available on
EPA's Web site at http://www.epa.gov/tri.
2. In person. The Agency has established an official record for
this action under docket control number OPPTS-400056A. The official
record consists of the documents specifically referenced in this
action, any public comments received during an applicable comment
period, and other information related to this action, including any
information claimed as confidential business information (CBI). This
official record includes the documents that are physically located in
the docket, as well as the documents that are referenced in those
documents. The public version of the official record does not include
any information claimed as CBI. The public version of the official
record, which includes printed, paper versions of any electronic
comments submitted during an applicable comment period, is available
for inspection in the TSCA Nonconfidential Information Center, North
East Mall Rm. B-607, Waterside Mall, 401 M St., SW., Washington, DC.
The Center is open from noon to 4 p.m., Monday through Friday,
excluding legal holidays. The telephone number of the Center is (202)
260-7099.
II. Introduction
A. What is the Statutory Authority for this Action?
EPA is finalizing this action under EPCRA section 313(d)(3) and
(e)(1)(A). 42 U.S.C. 11023.
B. What is the General Background for this Action?
Section 313 of EPCRA requires certain facilities that manufacture,
process, or otherwise use listed toxic chemicals in amounts above
reporting threshold levels to report their environmental releases and
other waste management 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, 42 U.S.C. 13106. EPCRA section 313 established an initial
list of toxic chemicals that was comprised of more than 300 chemicals
and 20 chemical categories. Phosphoric acid was included on the initial
list of chemicals and chemical categories.
EPCRA section 313(d) authorizes EPA to add chemicals to or delete
chemicals from the list and sets forth criteria for these actions.
Under EPCRA 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.
EPCRA section 313(d)(2) states that EPA may add a chemical to the
list if any of the listing criteria are met. Therefore, to add a
chemical, EPA must demonstrate that at least one criterion is met, but
need not determine whether any other criterion is met. Conversely, to
remove a chemical from the list, EPA must demonstrate that none of the
criteria are met. The EPCRA section 313(d)(2) criteria are:
(A) The chemical is known to cause or can reasonably be
anticipated to cause significant adverse acute human health effects
at concentration levels that are reasonably likely to exist beyond
facility site boundaries as a result of continuous, or frequently
recurring, releases.
(B) The chemical is known to cause or can reasonably be
anticipated to cause in humans--
(i) cancer or teratogenic effects, or
(ii) serious or irreversible--
(I) reproductive dysfunctions,
(II) neurological disorders,
(III) heritable genetic mutations, or
(IV) other chronic health effects.
(C) The chemical is known to cause or can reasonably be
anticipated to cause, because of
(i) its toxicity,
(ii) its toxicity and persistence in the environment, or
(iii) its toxicity and tendency to bioaccumulate in the
environment, a significant adverse effect on the environment of
sufficient seriousness, in the judgment of the Administrator, to
warrant reporting under this section.
EPA refers to the section 313(d)(2)(A) criterion as the ``acute
human health effects criterion,'' the section 313(d)(2)(B) criterion as
the ``chronic human health effects criterion,'' and the section
313(d)(2)(C) criterion as the ``environmental effects criterion.''
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 submitting petitions.
EPA has issued a statement clarifying its interpretations of the
section 313(d)(2) and (3) criteria for adding and deleting chemicals
from the section 313 toxic chemical list (59 FR 61432, November 30,
1994) (FRL-4922-2).
III. Description of Petition and Related Proceedings
A. What Petition was Filed and How did EPA Respond?
On November 9, 1990, TFI filed a petition with EPA to delist
phosphoric acid from the EPCRA section 313 list of toxic chemicals.
Congress had included phosphoric acid on the list when it enacted EPCRA
section 313 in 1986. In the petition, TFI argued that EPA should delete
phosphoric acid because it did not meet any of the three listing
criteria in EPCRA section 313(d)(2): The acute human health effects
criterion, the chronic human health effects criterion, or the
environmental effects criterion.
On January 23, 1998, EPA denied TFI's petition, finding that
phosphoric acid met the environmental effects listing criterion at
EPCRA section 313(d)(2)(C), which provides that EPA may add or decline
to delete a chemical if it ``is known to cause or reasonably can be
anticipated to cause, because of its toxicity . . . a significant
adverse effect on the environment of sufficient seriousness . . . to
warrant reporting'' (63 FR 3566) (FRL-5762-2) (Ref. 1). EPA based the
denial, among other things, upon phosphoric acid's potential to cause
eutrophication when released into certain water bodies.
B. What Other Proceedings Relate to this Petition?
On April 29, 1998, TFI challenged EPA's denial of its petition in
the United States District Court for the District of Columbia. The
Fertilizer Institute v. Browner, No. 98--1067 (D.D.C.). In its
challenge, TFI argued that phosphoric acid did not meet the
environmental effects listing criterion because it was not toxic. TFI
did not dispute that releases of phosphoric acid can cause
eutrophication. It argued, however, that the eutrophication did not
result ``because of'' phosphoric acid's toxicity, but ``because of''
its nutrient value. TFI also argued that phosphoric acid was not toxic
because its effects were indirect and that EPA's interpretation of
EPCRA section 313(d)(2)(C) read the term ``toxicity'' out of the
statute.
EPA disagreed and argued, among other things, that: (1) Many
chemicals that are nutrients are also toxic; (2) the number of steps
between exposure and effect does not determine whether something is
toxic; and (3) it was not reading ``toxicity'' out of the statute
because there were situations in which a chemical could cause a
significant adverse effect upon the environment for reasons other than
any inherent toxicity.
[[Page 39554]]
The Court ruled in TFI's favor, granting TFI's motion for summary
judgment on the toxicity issue and reversing EPA's denial of TFI's
petition to delete phosphoric acid from the EPCRA section 313 toxic
chemical list (Ref. 2). Notwithstanding its ruling, the Court agreed
that phosphoric acid ``can reasonably be anticipated to cause . . . a
significant adverse effect on the environment'' and that a listing
decision under EPCRA section 313 could be based upon toxic effects that
manifest indirectly. The Court, however, found that the ``significant
adverse effect'' that phosphoric acid causes is not ``because of its
toxicity,'' but because of its nutrient value. The government did not
appeal the Court's decision.
As a result of the Court's ruling, EPA proposed to delist
phosphoric acid from the reporting requirements under EPCRA section 313
and section 6607 of the PPA on December 7, 1999 (64 FR 68311)(FRL-6397-
3).
IV. What was EPA's Technical Review of the Effects of Phosphoric
Acid?
A. What are the Acute Effects of Phosphoric Acid?
Based on available information, EPA cannot find that phosphoric
acid meets the acute effects criterion at EPCRA section 313(d)(2)(A).
Like many other acids, phosphoric acid may cause irritation and
corrosive effects. The Poison Index states that ``Phosphoric acid
causes irritation of eyes, skin, and respiratory tract. When ingested
it can produce nausea, vomiting, abdominal pain, bloody diarrhea,
acidosis, shock and irritation or burns of the oropharyngeal mucosa
esophagus and stomach'' (Ref. 3). As with other corrosive or caustic
materials, the extent of damage generally is determined by the acidity
of the solution and the duration of contact. Phosphoric acid is weaker
than the other strong mineral acids. Likewise, phosphoric acid is not
expected to exist beyond facility site boundaries at a pH that will
cause acute effects (Ref. 3). Thus, EPA has determined that it does not
meet the EPCRA section 313(d)(2)(A) acute effects criterion.
B. What are the Chronic Effects of Phosphoric Acid?
Based on available information, EPA cannot find that phosphoric
acid can reasonably be anticipated to cause a chronic human health
effect. EPA has not found phosphoric acid to cause heritable genetic
effects or developmental or reproductive toxicity in humans (Ref. 4).
EPA has not found any information in the available literature with
which to evaluate the potential for phosphoric acid to cause
carcinogenic or neurotoxic effects (Ref. 3). Several studies suggest
that phosphoric acid may cause nephrocalcinosis in rats when
administered in relatively high doses (Ref. 3). However, the doses that
may cause such effects are somewhat uncertain since, even on diets
without added phosphate, rats may have some isolated areas of renal
calcification and the composition of the diet (e.g., the amount of
calcium, acid-base balance, and vitamin D) can influence the appearance
of the effects. EPA, therefore, does not believe that, at this time,
there is sufficient information to conclude that phosphoric acid meets
the EPCRA section 313(d)(2)(B) criterion.
C. What are the Environmental Effects of Phosphoric Acid?
As discussed in EPA's original denial of TFI's petition (63 FR
3566), phosphoric acid, as a source of phosphates, causes
eutrophication (Ref. 5). Eutrophication is the nutrient enrichment of
waters resulting in stimulation of an array of undesirable symptomatic
changes in the aquatic ecosystem. Therefore, phosphoric acid can
reasonably be anticipated to cause significant adverse effects on the
environment.
Phosphoric acid, as well as other phosphates, has the potential to
cause increased algal growth leading to eutrophication in the aquatic
environment (Ref. 5). Eutrophication may result when excessive
phosphates enter into an aquatic ecosystem in the presence of sunlight
and nitrogen. The phosphate ion is a plant nutrient and it can be a
major limiting factor for plant growth in freshwater environments. When
levels of phosphate are limited, plant growth is controlled. In excess,
however, phosphate from phosphoric acid can cause extreme algal blooms.
Toxic effects result from oxygen depletion as the algae die and decay.
Toxic effects have also been related to the release of decay products
or direct excretion of toxic substances from sources such as blue-green
algae. In addition, phosphates in aquatic environments may encourage
the growth of introduced plants to the detriment of native plants and
thereby change plant distribution (Refs. 5 and 6).
V. What is EPA's Response to Comments and Rationale for Delisting?
A. What Comments Did EPA Receive in Response to the Proposed
Rulemaking?
EPA requested comments on its proposal to delete phosphoric acid
from the EPCRA section 313 list of toxic chemicals. Specifically, EPA
requested comment on whether phosphoric acid produces any toxic effects
that meet the EPCRA section 313(d)(2)(A), (B), or (C) listing criteria.
Such effects could include acute and chronic human health effects or
environmental effects. Additional hazard information on phosphoric acid
can be found in EPA's original petition denial (63 FR 3566).
EPA received 29 comments in response to the December 7, 1999
proposal to delete phosphoric acid from the EPCRA section 313 list of
toxic chemicals (64 FR 68311). All of the comments that EPA received
were in support of the delisting proposal. As a result and because no
commenter raised issues that call into question the basis for the
Agency's proposal, EPA does not consider the comments significant and
is not otherwise responding to them.
B. What is EPA's Rationale for Delisting?
EPA has authority to delete a chemical from the EPCRA section 313
list of chemicals only if it fails to meet any of the EPCRA section
313(d)(2) criteria: the acute human health effects criterion
(313(d)(2)(A)), the chronic human health effects criterion
(313(d)(2)(B)), or the environmental effects criterion (313(d)(2)(C)).
EPA's original denial of the petition to delist phosphoric acid was
based on the finding that phosphoric acid met the EPCRA section
313(d)(2)(C) criterion for listing. The Court in Fertilizer Institute
although recognizing that phosphoric acid can cause adverse effects on
the environment, found that the effects do not occur because of
phosphoric acid's toxicity. Therefore, according to the Court,
phosphoric acid does not satisfy the EPCRA section 313(d)(2)(C)
criterion. EPA scientists agree that phosphoric acid releases can and
do cause significant adverse effects on the environment. However, in
keeping with the Court's decision, EPA proposed to remove phosphoric
acid from the EPCRA section 313 list of toxic chemicals. The comments
received on the proposal did not provide any information that
demonstrates, consistent with the Court's decision, that phosphoric
acid ``(causes) or can reasonably be anticipated to cause, because of
(1) its toxicity. . ., a significant adverse effect on the
environment.'' Therefore, EPA is going
[[Page 39555]]
forward with the delisting of phosphoric acid.
VI. What is the Effective Date of this Final Rule?
This action becomes effective June 27, 2000. Thus, the last year in
which facilities had to file a Toxics Release Inventory (TRI) report
for phosphoric acid was 1999, covering releases and other activities
that occurred in 1998.
EPCRA 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)(I) because a deletion from
the section 313 list relieves a regulatory restriction.
EPA believes that where the Agency has determined, as it has with
this chemical, that a chemical should not be included on the section
313 list of toxic chemicals, 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).
VII. What are the References Cited in this Final Rule?
1. Phosphoric Acid; Toxic Chemical Release Reporting; Community
Right-to-Know; Denial of Petition, 63 FR 3566, January 23, 1998.
2.The Fertilizer Institute v. Browner, No. 98-1067, Slip op.
(D.D.C. April 15, 1999).
3. USEPA, OPPT. Memorandum from Janette Houk, Ph.D., Hazard
Integrator, Chemical Review and Evaluation Branch, Health and
Environmental Review Division. Re: Petition to Delist Phosphoric Acid.
(February 14, 1990).
4. USEPA, OPPT. Memorandum from Michael C. Cimino, Ph.D.,
Biologist, Toxic Effects Section, Toxic Effects Branch, Health and
Environmental Review Division. Re: Mutagenicity Review of Delist
Petition for Phosphoric Acid. (February 9, 1990).
5. USEPA, OPPT. Memorandum from Ossi Meyn, Environmental Effects
Branch, Health and Environmental Review Division. Re: Petition to
Delist Phosphoric Acid--Ecological Hazard. (February 27, 1990).
6. USEPA. South Florida Ecosystem Assessment. Monitoring for
Adaptive Management: Implications for Ecosystem Restoration. (Interim
Report). December 1996. EPA 904-R-96-008.
VIII. What are the Regulatory Assessment Requirements for this
Action?
A. Executive Order 12866
This action, which deletes a chemical from the list of chemicals
subject to reporting under EPCRA section 313 and PPA section 6607,
eliminates an existing requirement to report and does not contain any
new or modified requirements. As such, this action does not require
review by the Office of Management and Budget (OMB) under Executive
Order 12866, entitled Regulatory Planning and Review (58 FR 51735,
October 4, 1993), because OMB has determined that the complete
elimination of an existing requirement is not a ``significant
regulatory action'' subject to review by OMB under E.O. 12866.
B. Regulatory Flexibility Act
Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.), the Agency hereby certifies that this final
rule will not have a significant impact on a substantial number of
small entities. This determination is based on the fact that the
complete elimination of the existing requirement will also eliminate
the corresponding burden and costs associated with that requirement.
This action will not, therefore, result in any adverse economic impacts
on the facilities subject to reporting under EPCRA section 313,
regardless of the size of the facility.
C. Paperwork Reduction Act
The deletion of this chemical from the EPCRA section 313 toxic
chemical list will reduce the overall reporting and recordkeeping
burden estimate provided for the TRI program, but this action does not
require any review or approval by OMB under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq. EPA will determine the total TRI burden
associated with the chemical being deleted, and will complete the
required Information Collection Worksheet to adjust the total TRI
burden estimate approved by OMB.
The reporting and recordkeeping burdens associated with TRI are
approved by OMB under OMB No. 2070-0093 (Form R, EPA ICR No. 1363) and
under OMB No. 2070-0145 (Form A, EPA ICR No. 1704). The current public
reporting burden for TRI is estimated to average 52.1 hours for a Form
R submitter and 34.6 hours for a Form A submitter. These estimates
include the time needed for reviewing instructions, searching existing
data sources, gathering and maintaining the data needed, and completing
and reviewing the collection of information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control number for this
information collection appears above. In addition, the OMB control
number for EPA's regulations, after initial display in the final rule,
are displayed on the collection instruments and are also listed in 40
CFR part 9.
D. Unfunded Mandates Reform Act and Executive Orders 13084 and 13132
Since this action involves the elimination of an existing
requirement, it does not impose any enforceable duty, contain any
unfunded mandate, or otherwise have any affect on small governments as
described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-
4). For the same reason, it is not subject to the requirement for prior
consultation with Indian tribal governments as specified in Executive
Order 13084, entitled Consultation and Coordination with Indian Tribal
Governments (63 FR 27655, May 19, 1998). Nor will this action have a
substantial direct effect on States, on the relationship between the
national government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132, entitled Federalism (64 FR 43255, August 10,
1999).
E. Executive Order 12898
Pursuant to Executive Order 12898, entitled Federal Actions to
Address Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994), the Agency must consider
environmental justice related issues with regard to the potential
impacts of this action on environmental and health conditions in low-
income populations and minority populations. The Agency has determined
that deleting this chemical from the EPCRA section 313 toxic chemical
list, which would eliminate the availability of the TRI information on
this chemical that is made available to communities through the TRI
Community Right-to-Know
[[Page 39556]]
program, will not result in environmental justice related issues.
F. Executive Order 13045
Pursuant to Executive Order 13045, entitled Protection of Children
from Environmental Health Risks and Safety Risks (62 FR 19885, April
23, 1997), if an action is economically significant under Executive
Order 12866, the Agency must, to the extent permitted by law and
consistent with the Agency's mission, identify and assess the
environmental health risks and safety risks that may disproportionately
affect children. Since this action is not economically significant
under Executive Order 12866, this action is not subject to Executive
Order 13045.
G. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA) (15 U.S.C. 272 note) directs EPA to use voluntary
consensus standards in its regulatory activities unless doing so would
be inconsistent with applicable law or impractical. Voluntary consensus
standards are technical standards (e.g., materials specifications, test
methods, and sampling procedures) that are developed or adopted by
voluntary consensus standards bodies. The NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
This action does not involve technical standards, nor did EPA
consider the use of any voluntary consensus standards. In general,
EPCRA does not prescribe technical standards to be used for threshold
determinations or completion of EPCRA section 313 reports. EPCRA
section 313(g)(2) states that ``In order to provide the information
required under this section, the owner or operator of a facility may
use readily available data (including monitoring data) collected
pursuant to other provisions of law, or, where such data are not
readily available, reasonable estimates of the amounts involved.
Nothing in this section requires the monitoring or measurement of the
quantities, concentration, or frequency of any toxic chemical released
into the environment beyond that monitoring and measurement required
under other provisions of law or regulation.''
IX. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the Agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and the Comptroller General of the United
States. EPA will submit 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 United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 372
Environmental protection, Community right-to-know, Reporting and
recordkeeping requirements, Toxic chemicals.
Dated: June 15, 2000.
Margaret N. Schneider,
Principal Deputy Assistant Administrator, Office of Environmental
Information.
Therefore, 40 CFR part 372 is amended 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.
Sec. 372.65 [Amended]
2. Sections 372.65(a) and (b) are amended by removing the entry for
phosphoric acid under paragraph (a) and the entire CAS number entry for
7664-38-2 under paragraph (b).
[FR Doc. 00-16182 Filed 6-26-00; 8:45 am]
BILLING CODE 6560-50-F