- INT"L~RNATIONAL 

# Food Additives 

# Council 1100JOHNSON FERRY ROAD, SU1TE 300 "ATLANTA, GEORGIA3042 (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 Ato 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 SodiumHexametaphosphate (SHMP) . We are submitting this Petition, pursuant to CERCLA, the Clean Water Act, and the Administrative Procedure Act, requesting that EPAcorrect 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 ofthe special requirements necessitated under CERCLA. EPA'S CLEANWATER ACT §116.4 RULE LISTS SODIUM PHOSPHATE, TRIBASIC BUT INCORRECTLY PROVIDES THE CAS NUMBERS FORSTMP, STPP ANDSHMP . ' 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 Sodiumphosphate, 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 orjustify 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 ERRORIS COMPOUNDED IN THE CERCLA §302.4 RULES, WHICHRELY ON AND REPEAT THE LISTING OF SODIUM PHOSPHATE, TRIBASIC BUT INCORRECTLY PROVIDES THE CAS NUMBERS FORSTMP, STPP ANDSHMP 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 Ato §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 ofhazardous substances into 40 CFR302.4. 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) ofthe 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 fromand repeats the error in EPA's prior listing ofthe 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 sodiumphosphates 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 Ato Section 302.4, which are likely inadvertent errors, be removed from these lists and any other lists where EPAintends 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