- INT"L~RNATIONAL 

Food 

Additives Council 1100 JOHNSON FERRY ROAD, SU1TE 300 " ATLANTA, GEORGIA 3042 

(404) 252-3663 " FAX (404) 252-0774 " E-mail: ifac~a;kellencompanycom 

March 14, 2007 

Susan Bodine 

Assistant Administrator for Solid Waste and Emergency Response 

Benjamin Grumbles 

Assistant Administrator for Water Programs 

Environmental Protection Agency 

1200 Pennsylvania Ave, N.W. 

Washington, D.C. 20460 

RE: Petition for Rulemaking Correction, CAS Numbers in Title 40, Code of Federal 

Regulations, Section 302.4, Table 302.4 - List of Hazardous Substances and 

Reportable Quantities, Appendix A to Section 302.4 - Sequential CAS Registry 

Number List of CERCLA Hazardous Substances, and Section 116.4 Designation of 

Hazardous Substances 

Dear Ms. Bodine and Mr. Grumbles: 

The International Food Additives Council is an association representing companies who produce 

high quality substances used worldwide as food additives, including Sodium Trimetaphosphate 

(STMP), Sodium Tripolyphosphate (STPP) and Sodium Hexametaphosphate (SHMP). 

We are submitting this Petition, pursuant to CERCLA, the Clean Water Act, and the Administrative 

Procedure Act, requesting that EPA correct a technical error in listing the CAS Registry Numbers 

for STMP, STPP and SHMP as hazardous substances under 40 CFR §§ 116.4 and 302.4 . The 

grounds for this request, as set forth below, are (.1) that EPA's Clean Water Act § 116.4 rule lists 

Sodium phosphate, tribasic but instead of the CAS number for this substance,l incorrectly provides 

the CAS numbers for STMP, STPP and SHMP, and (2) this error is compounded in CERCLA 

§302.4 rules, which rely on and repeat the incorrect CAS designations from § 116.4 . 

This issue is being raised now because the above erroneous CAS designations have caused, and 

will continue to cause, regulatory confusion and IFAC member company customer 

dissatisfaction. Customers, should they purchase in quantity the additives with the incorrect 

CAS numbers, may incur extra costs because of the special requirements necessitated under 

CERCLA. 

EPA'S CLEAN WATER ACT §116.4 RULE LISTS SODIUM PHOSPHATE, TRIBASIC 

BUT INCORRECTLY PROVIDES THE CAS NUMBERS FOR STMP, STPP AND SHMP. 

' The correct CAS numbers for Sodiuxn phosphate, tribasic are 7601-54-9, 10101-89-0, and 10361-89-4. 
EPA's regulation implementing the Clean Water Act (CWA) §311(b)(2) lists Sodium phosphate, 

tribasic, 40 CFR §116.4 .2 It does not list STMP, STPP or SHMP. However, this CWA list 

incorrectly lists CAS numbers, 7785-84-4, 7758-29-4, and 10124-56-8 for Sodium phosphate, 

tribasic . These CAS numbers are for STMP, STPP and SHMP respectively. The correct CAS 

numbers for Sodium phosphate, tribasic are 7601-54-9, 10101-89-0, and 10361-89-4. 

Section 116.4 states : "Synonyms and Chemical Abstract System (CAS) numbers have been 

added for convenience of the user only. In case of any disparity the common names shall be 

considered the designated substance ." In light of this provision, Sodium phosphate, tribasic is 

the designated substance, not STMP, STPP and/or SHMP. However, the statement does not 

eliminate or justify the confusion caused by incorrectly listing the CAS numbers for STMP, 

STPP and SHMP, which are not intended to be regulated under this provision. 

THE FOREGOING §116.4 ERROR IS COMPOUNDED IN THE CERCLA §302.4 

RULES, WHICH RELY ON AND REPEAT THE LISTING OF SODIUM PHOSPHATE, 

TRIBASIC BUT INCORRECTLY PROVIDES THE CAS NUMBERS FOR STMP, STPP 

AND SHMP 

The foregoing error in the Clean Water Act rules is repeated in the regulations implementing 

CERCLA. Section 302.4 of EPA's CERCLA regulations, Table 302.4, provides a "List of 

Hazardous Substances and Reportable Quantities" and Appendix A to §302.4 provides a 

"Sequential CAS Registry Number List of CERCLA Hazardous Substances ." Both lists contain an 

entry for "Sodium phosphate, tribasic ." The regulation does not list STMP, STPP or SHMP. 

However, this CERCLA list incorrectly lists CAS numbers 7785-84-4, 7758-29-4, and 10124-56-8 

for Sodium phosphate, tribasic . These CAS numbers are for STMP, STPP and SHMP respectively . 

As noted above, the correct CAS numbers for Sodium phosphate, tribasic are 7601-54-9, 10101-89-

0, and 10361-89-4. 

CERCLA incorporated several pre-existing lists of hazardous substances into 40 CFR 302 .4 . The 

Note at the beginning of Table 302 .4 states that the "Statutory Code" column shows the statutory 

source for designating each substance as a CERCLA hazardous substance. The "1" beside "Sodium 

phosphate, tribasic" shows that the statutory source is §311(b)(2) of the Clean Water Act. It is clear 

that the foregoing error in listing, for Sodium phosphate, tribasic, the CERCLA CAS numbers for 

STMP, STPP and SHMP originates from and repeats the error in EPA's prior listing of the CAS 

numbers for Sodium phosphate, tribasic under the Clean Water Act. 

Unfortunately, the §302.41ist does not have the clarifying provision, contained in §116.4, that "in 

case of any disparity the common names shall be considered the designated substance." We think 

that such a reading would be logical, but it is not expressly stated in §302.4 . Thus, the erroneous 

inclusion of the CAS numbers for STMP, STPP and/or SHMP in Section §302.4 will inevitably lead 

to regulatory confusion. 

Conclusion 

STMP, STPP and SHMP are sodium phosphates that are not tribasic and are not designated as 

hazardous substances under 40 CFR §§ 116.4 and 302.4 . IFAC respectfully requests that the CAS 

Z The rule also lists Sodium phosphate, dibasic with the correct CAS numbers. 
numbers 7785-84-4 for STMP, 7758-29-4 for STPP and 10424-56-8 for SHMP in Section 116.4, 

Table 302.4 and Appendix A to Section 302.4, which are likely inadvertent errors, be removed from 

these lists and any other lists where EPA intends to regulate Sodium phosphate, tribasic or where 

Section 116 .4 serves as the source. 

Please contact the undersigned if you have any questions concerning this Petition. We look forward 

to receiving your response to this Petition. 

Respectfully submitted, 

~yn O'~rien Na6ors . 

Lyn O'Brien Nabors 

President 

cc: Theodore L. Garrett 

Covington & Burling LLP