[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: <a href="/cdn-cgi/l/email-protection#21435452494c404f0f45404f48444d614451400f464e57"><span class="__cf_email__" data-cfemail="b3d1c6c0dbded2dd9dd7d2dddad6dff3d6c3d29dd4dcc5">[email protected]</span></a>, 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
------------------------------------------------------------------------
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
------------------------------------------------------------------------
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


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