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Sulfuryl fluoride. November 30, 1994. Added to the list of toxic chemicals subject to reporting 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). Final Rule. Federal Register.
http://www.epa.gov/docs/fedrgstr/EPA-TRI/1994/November/Day-30/pr-4.html
[Federal Register: November 30, 1994]
Part V
Environmental Protection Agency
40 CFR Part 372
Addition of Certain Chemicals; Toxic Chemical Release Reporting; Community
Right-to-Know; Final Rule
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 372
[OPPTS-400082B; FRL-4922-2]
RIN 2070-AC47
Addition of Certain Chemicals; Toxic Chemical Release Reporting; Community Right-to-Know
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
SUMMARY: EPA is adding 286 chemicals and chemical categories, which include 39 chemicals as part of two delineated categories, to the list of toxic chemicals subject to reporting 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). The additions of these chemicals and chemical categories are based on their acute human health effects, carcinogenicity or other chronic human health effects, and/or their adverse effects on the environment. EPA is taking this action pursuant to its authority to add to the list those chemicals and chemical categories that meet the EPCRA section 313(d)(2) criteria for addition to the list of toxic chemicals. EPCRA section 313 reporting for the newly listed chemicals and chemical categories will be required beginning with the 1995 calendar year. As such, the first reports for the added chemicals and chemical categories must be submitted to EPA and States by July 1, 1996.
EFFECTIVE DATE: This rule is effective November 22, 1994.
FOR FURTHER INFORMATION CONTACT: Maria J. Doa, Project Manager, 202- 260-9592, for specific information regarding this final rule. For further information on EPCRA section 313, contact the Emergency Planning and Community Right-to-Know Information Hotline, Environmental Protection Agency, Mail Stop 5101, 401 M St., SW., Washington, DC 20460, Toll free: 800-535-0202, TDD: 800-553-7672.
SUPPLEMENTARY INFORMATION:
I. Introduction
A. Statutory Authority
This rule is issued under section 313(d) of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), 42 U.S.C. 11001 et seq.. EPCRA is also referred to as Title III of the Superfund Amendments and Reauthorization Act of 1986.
B. 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 also must report pollution prevention and recycling data for such chemicals, pursuant to section 6607 of the Pollution Prevention Act, 42 U.S.C. 13106. Section 313 established an initial list of toxic chemicals that was composed of more than 300 chemicals and 20 chemical categories. Section 313(d) authorizes EPA to add or delete chemicals from the list, and sets forth criteria for these actions. Under section 313(e), any person may petition EPA to add chemicals to or delete chemicals from the list. 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 guidance regarding the recommended content of petitions to delete individual members of the section 313 metal compound categories.
II. Background
On January 12, 1994 (59 FR 1788), EPA issued a proposal in the Federal Register
to add 313 chemicals and chemical categories to the list of toxic chemicals
under EPCRA section 313 based on their acute human health effects, carcinogenicity
or other chronic human health effects, and/or their environmental effects. EPA's
decision to add the chemicals and chemical categories in today's rule to the
section 313 list is based on a further assessment, in light of public comments
of both the relative toxicity of the chemicals--the potency of the chemical's
inherent toxicity--and a careful consideration of the type of adverse effect
the chemical causes or can reasonably be anticipated to cause. Under section
313(d)(2)(A) (acute human toxicity), the effect must be ``significant.'' Under
section 313(d)(2)(B) the effect must either be cancer or teratogenicity, or
some other ``serious or irreversible'' chronic health effect. Under section
313(d)(2)(C) (environmental toxicity) the effect must be ``significant'' and
``of sufficient seriousness in the judgment of the Administrator'' to warrant
reporting.
The statute does not specify how serious or significant an effect must be in
order for a chemical to be listed under any of the criteria. This determination
is left to the EPA's discretion and scientific judgment. The Agency recognizes
that not every adverse effect is sufficiently significant or serious to satisfy
the criteria. For chemicals with effects that satisfy the criteria, Congress
made it clear in section 313 that communities have a right to know about releases
of such chemicals. The Agency's goal in implementing section 313 is to ensure
that the communities are provided with that release information to allow them
to further educate themselves and, if appropriate, take or recommend action.
A brief description of the selection process follows, however, a detailed description
of EPA's methodology and rationale for the proposed addition of these chemicals
and chemical categories can be found in the proposed rule.
In this action, EPA is adding 286 chemicals and chemical categories, which includes 39 chemicals as part of two delineated categories, to the EPCRA section 313 list. EPA finds that each of these chemicals and chemical categories meets one or more of the EPCRA section 313(d)(2) criteria. Additionally, EPA believes that each of these chemicals can reasonably be anticipated to be manufactured or imported in quantities of at least 10,000 pounds (the EPCRA section 313 otherwise use reporting threshold) by at least one facility. Therefore, the Agency believes that the listing of these chemicals can reasonably be anticipated to generate EPCRA section 313 reports and that adding these chemicals to the toxic chemical list is appropriate. The proposed rule and record supporting the rulemaking contain information on EPA's review of these chemicals, including the toxicity evaluation. This background information will not be repeated here in the final rule. However, to the extent that comments were received on these issues, those comments are addressed in this document. In addition to general comment and comment addressing a broad number of chemicals, EPA received specific technical comments on 110 of the chemicals and chemical categories. Detailed responses to comments are contained in Response to Comments Received on the January 12, 1994 Proposed Rule to Expand the EPCRA Section 313 List (Response to Comment Document, Ref. 14). Summaries of responses to comments on selected chemicals appear in units IV.F. and IV.G. of this preamble. Table 1 lists the chemicals that EPA has determined meet the statutory criteria of EPCRA section 313(d)(2) and are therefore being added to the toxic chemical list. Each of the chemicals and chemical categories listed below were found to meet the statutory criteria described in EPCRA section 313(d)(2)(A)-(C). This means that the Agency has made a finding that the chemical is known to cause an effect, or is reasonably anticipated to do so. It does not necessarily mean that the chemical is known to cause a given effect. The specific criterion or criteria that the chemical meets are also listed in Table 1 below.
Table 1.--Chemicals Being Added to the EPCRA Section 313 List
Section Section Section Chemical Name CAS No. 313(d)(2)(A) 313(d)(2)(B) 313(d)(2)(C)
Abamectin (Avermectin B1) 071751-41-2 X X Acephate (Acetylphosphoramidothioic 030560-19-1 X acid O,S-dimethyl ester) Acifluorfen sodium salt (5-(2-Chloro-4- 062476-59-9 X (triflouromethyl)phenoxy)-2-nitro- benzoic acid, sodium salt) Alachlor 015972-60-8 X Aldicarb 000116-06-3 X d-trans-Allethrin [d-trans- 028057-48-9 X Chrysanthemic acid of d-allethrone] Allylamine 000107-11-9 X Aluminum phosphide 020859-73-8 X Ametryn (N-Ethyl-N'-(1-methylethyl)-6- 000834-12-8 X X (methylthio)-1,3,5,-triazine- 2,4 diamine) Amitraz 033089-61-1 X Anilazine (4,6-Dichloro-N-(2- 000101-05-3 X X chlorophenyl)-1,3,5-triazin-2-amine) Atrazine (6-Chloro-N-ethyl-N'-(1- 001912-24-9 X methylethyl)-1,3,5,-triazine-2,4- diamine) Bendiocarb (2,2-Dimethyl-1,3- 022781-23-3 X X benzodioxol-4-ol methylcarbamate) Benfluralin (N-Butyl-N-ethyl-2,6- 001861-40-1 X dinitro-4-(trifluoromethyl) benzenamine) Benomyl 017804-35-2 X Bifenthrin 082657-04-3 X X Bis(tributyltin) oxide 000056-35-9 X X Boron trichloride 010294-34-5 X Boron trifluoride 007637-07-2 X Bromacil (5-Bromo-6-methyl-3-(1- 000314-40-9 X methylpropyl)-2,4(1H,3H)- pyrimidinedione) Bromacil lithium salt (2,4(1H,3H)- 053404-19-6 X Pyrimidinedione, 5-bromo-6-methyl-3 (1- methylpropyl), lithium salt) Bromine 007726-95-6 X 1-Bromo-1-(bromomethyl)-1,3- 035691-65-7 X propanedicarbonitrile 2-Bromo-2-nitropropane-1,3-diol 000052-51-7 X (Bronopol) Bromoxynil (3,5-Dibromo-4- 001689-84-5 X hydroxybenzonitrile) Bromoxynil octanoate (Octanoic acid, 001689-99-2 X 2,6-dibromo-4-cyanophenyl ester) Brucine 000357-57-3 X C.I. Acid Red 114 006459-94-5 X C.I. Direct Blue 218 028407-37-6 X Carbofuran 001563-66-2 X Carboxin (5,6-Dihydro-2-methyl-N-phenyl- 005234-68-4 X 1,4-oxathiin-3-carboxamide) Chinomethionat (6-Methyl-1,3- 002439-01-2 X dithiolo[4,5-b]quinoxalin-2-one) Chlorendic acid 000115-28-6 X Chlorimuron ethyl (Ethyl-2-[[[(4-chloro- 090982-32-4 X 6-methoxyprimidin-2-yl)-carbonyl]- amino]sulfonyl]benzoate) 1-(3-Chloroallyl)-3,5,7-triaza-1- 004080-31-3 X azoniaadamantane chloride p-Chloroaniline 000106-47-8 X 3-Chloro-2-methyl-1-propene 000563-47-3 X p-Chlorophenyl isocyanate 000104-12-1 X Chloropicrin 000076-06-2 X 3-Chloropropionitrile 000542-76-7 X p-Chloro-o-toluidine 000095-69-2 X 2-Chloro-1,1,1-trifluoroethane (HCFC- 000075-88-7 X X 133a) Chlorotrifluoromethane (CFC-13) 000075-72-9 X X 3-Chloro-1,1,1-trifluoropropane(HCFC- 000460-35-5 X X 253fb) Chlorpyrifos methyl (O,O-Dimethyl-O- 005598-13-0 X X (3,5,6-trichloro-2- pyridyl)phosphorothioate) Chlorsulfuron (2-Chloro-N-[[(4-methoxy- 064902-72-3 X 6-methyl-1,3,5-triazin-2-yl) amino]carbonyl]benzenesulfonamide) Crotonaldehyde 004170-30-3 X Cyanazine 021725-46-2 X Cycloate 001134-23-2 X Cyclohexanol 000108-93-0 X Cyfluthrin (3-(2,2-Dichloroethenyl)-2,2- 068359-37-5 X X dimethylcyclopropanecarboxylic acid, cyano(4-fluoro-3- phenoxyphenyl)methylester) Cyhalothrin (3-(2-Chloro-3,3,3- 068085-85-8 X trifluoro-1-propenyl)-2,2- Dimethylcyclopropanecarboxylic acid cyano(3-phenoxyphenyl)methyl ester) Dazomet (Tetrahydro-3,5-dimethyl-2H- 000533-74-4 X 1,3,5-thiadiazine-2-thione) Dazomet sodium salt (2H-1,3,5- 053404-60-7 X Thiadiazine-2-thione, tetrahydro-3,5- dimethyl-, ion(1-), sodium) 2,4-DB 000094-82-6 X 2,4-D butoxyethyl ester 001929-73-3 X 2,4-D butyl ester 000094-80-4 X 2,4-D chlorocrotyl ester 002971-38-2 X Desmedipham 013684-56-5 X 2,4-D 2-ethylhexyl ester 001928-43-4 X 2,4-D 2-ethyl-4-methylpentyl ester 053404-37-8 X Diazinon 000333-41-5 X X 2,2-Dibromo-3-nitrilopropionamide 010222-01-2 X Dicamba (3,6-Dichloro-2-methyoxybenzoic 001918-00-9 X acid) Dichloran (2,6-Dichloro-4-nitroaniline) 000099-30-9 X 3,3'-Dichlorobenzidine dihydrochloride 000612-83-9 X 3,3'-Dichlorobenzidine sulfate 064969-34-2 X trans-1,4-Dichloro-2-butene 000110-57-6 X 1,2-Dichloro-1,1-difluoroethane (HCFC- 001649-08-7 X X 132b) Dichlorofluoromethane (HCFC-21) 000075-43-4 X X Dichloropentafluoropropane 127564-92-5 X X 1,3-Dichloro-1,1,2,3,3- 136013-79-1 X X pentafluoropropane (HCFC-225ea) 2,2-Dichloro-1,1,1,3,3- 128903-21-9 X X pentafluoropropane (HCFC-225aa) 1,1-Dichloro-1,2,3,3,3- 111512-56-2 X X pentafluoropropane (HCFC-225eb) 1,1-Dichloro-1,2,2,3,3- 013474-88-9 X X pentafluoropropane (HCFC-225cc) 1,3-Dichloro-1,1,2,2,3- 000507-55-1 X X pentafluoropropane (HCFC-225cb) 1,2-Dichloro-1,1,3,3,3- 000431-86-7 X X pentafluoropropane (HCFC-225da) 3,3-Dichloro-1,1,1,2,2- 000422-56-0 X X pentafluoropropane (HCFC-225ca) 2,3-Dichloro-1,1,1,2,3- 000422-48-0 X X pentafluoropropane (HCFC-225ba) 1,2-Dichloro-1,1,2,3,3- 000422-44-6 X X pentafluoropropane (HCFC-225bb) Dichlorophene (2,2'-Methylenebis(4- 000097-23-4 X X chlorophenol) trans-1,3-Dichloropropene 010061-02-6 X Diclofop methyl (2-[4-(2,4- 051338-27-3 X Dichlorophenoxy) phenoxy]propanoicacid, methyl ester) Dicyclopentadiene 000077-73-6 X Diethatyl ethyl 038727-55-8 X Diflubenzuron 035367-38-5 X X Diglycidyl resorcinol ether 000101-90-6 X Diisocyanates, consisting of: NA X 1,3-Bis(methylisocyanate) cyclohexane 038661-72-2 1,4-Bis(methylisocyanate) cyclohexane 010347-54-3 1,4-Cyclohexane diisocyanate 002556-36-7 Diethyldiisocyanatobenzene 134190-37-7 4,4'-Diisocyanatodiphenyl ether 004128-73-8 2,4'-Diisocyanatodiphenyl sulfide 075790-87-3 3,3'-Dimethoxybenzidine-4,4'- 000091-93-0 diisocyanate 3,3'-Dimethyl-4,4'-diphenylene 000091-97-4 diisocyanate 3,3'-Dimethyl diphenylmethane-4,4'- 000139-25-3 diisocyanate Hexamethylene-1,6-diisocyanate 000822-06-0 Isophorone diisocyanate 004098-71-0 Methylenebis(phenyl isocyanate) 000101-68-8 4-Methyldiphenylmethane-3,4- 075790-84-0 diisocyanate 1,1-Methylene bis(4- 005124-30-1 isocyanatocyclohexane) 1,5-Naphthalene diisocyanate 003173-72-6 1,3-Phenylene diisocyanate 000123-61-5 1,4-Phenylene diisocyanate 000104-49-4 Polymeric diphenylmethane 009016-87-9 diisocyanate 2,2,4-Trimethylhexamethylene 016938-22-0 diisocyanate 2,4,4-Trimethylhexamethylene diisocyanate 015646-96-5 Dimethipin (2,3,-Dihydro-5,6-dimethyl- 055290-64-7 X 1,4-dithiin 1,1,4,4-tetraoxide) Dimethoate 000060-51-5 X 3,3'-Dimethoxybenzidine dihydrochloride 020325-40-0 X (o-Dianisidine dihydrochloride) 3,3'-Dimethoxybenzidine hydrochloride 111984-09-9 X (o-Dianisidine hydrochloride) Dimethylamine 000124-40-3 X Dimethylamine dicamba 002300-66-5 X 3,3'-Dimethylbenzidine dihydrochloride 000612-82-8 X (o-Tolidine dihydrochloride) 3,3'-Dimethylbenzidine dihydrofluoride 041766-75-0 X (o-Tolidine dihydrofluoride) Dimethyl chlorothiophosphate 002524-03-0 X Dimethyldichlorosilane 000075-78-5 X N,N-Dimethylformamide 000068-12-2 X 2,6-Dimethylphenol 000576-26-1 X Dinitrobutyl phenol (Dinoseb) 000088-85-7 X X Dinocap 039300-45-3 X X Diphenamid 000957-51-7 X Diphenylamine 000122-39-4 X Dipotassium endothall (7- 002164-07-0 X Oxabicyclo(2.2.1)heptane-2,3- dicarboxylic acid, dipotassium salt) Dipropyl isocinchomeronate 000136-45-8 X Disodium cyanodithioimidocarbonate 000138-93-2 X 2,4-D isopropyl ester 000094-11-1 X 2,4-Dithiobiuret 000541-53-7 X Diuron 000330-54-1 X X Dodine (Dodecylguanidine monoacetate) 002439-10-3 X 2,4-DP (Dichlorprop) 000120-36-5 X 2,4-D propylene glycol butyl ether 001320-18-9 X ester 2,4-D sodium salt 002702-72-9 X Ethoprop (Phosphorodithioic acid O- 013194-48-4 X X ethyl S,S-dipropyl ester) Ethyl dipropylthiocarbamate (EPTC) 000759-94-4 X X Famphur 000052-85-7 X X Fenarimol (.alpha.-(2-Chlorophenyl)- 060168-88-9 X .alpha.-4-chlorophenyl)-5- pyrimidinemethanol) Fenbutatin oxide (hexakis(2-methyl-2- 013356-08-6 X X phenylpropyl)distannoxane) Fenoxaprop ethyl (2-(4-((6-Chloro-2- 066441-23-4 X X benzoxazolylen)oxy)phenoxy)propanoic acid,ethyl ester) Fenoxycarb (2-(4- 072490-01-8 X Phenoxyphenoxy)ethyl]carbamic acid ethyl ester) Fenpropathrin (2,2,3,3- 039515-41-8 X X Tetramethylcyclopropane carboxylic acid cyano(3-phenoxyphenyl)methyl ester) Fenthion (O,O-Dimethyl O-[3-methyl-4- 000055-38-9 X X (methylthio) phenyl] ester, phosphorothioic acid) Fenvalerate (4-Chloro-alpha-(1- 051630-58-1 X X methylethyl)benzeneacetic acid cyano(3- phenoxyphenyl)methyl ester) Ferbam (Tris(dimethylcarbamodithioato- 014484-64-1 X X S,S')iron) Fluazifop butyl (2-[4-[[5- 069806-50-4 X (Trifluoromethyl)-2-pyridinyl]oxy]- phenoxy]propanoic acid, butyl ester) Fluorine 007782-41-4 X Fluorouracil (5-Fluorouracil) 000051-21-8 X Fluvalinate (N-[2-Chloro-4- 069409-94-5 X X (trifluoromethyl)phenyl]-DL-valine(+)- cyano (3-phenoxyphenyl)methyl ester) Folpet 000133-07-3 X X Fomesafen (5-(2-Chloro-4- 072178-02-0 X (trifluoromethyl)phenoxy)-N methylsulfonyl)-2-nitrobenzamide) alpha-Hexachlorocyclohexane 000319-84-6 X X n-Hexane 000110-54-3 X Hexazinone 051235-04-2 X X Hydramethylnon (Tetrahydro-5,5-di- 067485-29-4 X X methyl-2(1H)- pyrimidinone[3-[4- (trifluoromethyl)phenyl]-1-[2-[4- (trifluoromethyl) phenyl]ethenyl]- 2propenylidene]hydrazone) Imazalil (1-[2-(2,4-Dichlorophenyl)-2- 035554-44-0 X (2-propenyloxy)ethyl]-1H-imidazole) 3-Iodo-2-propynyl butylcarbamate 055406-53-6 X Iron pentacarbonyl 013463-40-6 X Isodrin 000465-73-6 X Isofenphos (2-[[Ethoxyl[(1- 025311-71-1 X X methylethyl)amino]phosphinothioyl]oxy] benzoic acid 1-methylethyl ester) Lactofen (5-(2-Chloro-4- 077501-63-4 X (trifluoromethyl)phenoxy)-2-nitro-2- ethoxy-1-methyl-2-oxoethyl ester) Linuron 000330-55-2 X Lithium carbonate 000554-13-2 X Malathion 000121-75-5 X X Mecoprop 000093-65-2 X 2-Mercaptobenzothiazole (MBT) 000149-30-4 X Merphos 000150-50-5 X Metham sodium (Sodium 000137-42-8 X methyldithiocarbamate) Methazole (2-(3,4-Dichlorophenyl)-4- 020354-26-1 X methyl-1,2,4-oxadiazolidine-3,5-dione) Methiocarb 002032-65-7 X Methoxone ((4-Chloro-2-methylphenoxy) 000094-74-6 X acetic acid) (MCPA) Methoxone sodium salt ((4-Chloro-2- 003653-48-3 X methylphenoxy) acetate sodium salt) Methyl isothiocyanate 00556-61-6 X 2-Methyllactonitrile 000075-86-5 X N-Methylolacrylamide 000924-42-5 X Methyl parathion 000298-00-0 X X N-Methyl-2-pyrrolidone 000872-50-4 X Methyltrichlorosilane 000075-79-6 X Metiram 009006-42-2 X Metribuzin 021087-64-5 X Mevinphos 007786-34-7 X Molinate (1H-Azepine-1 carbothioic 002212-67-1 X acid, hexahydro-S-ethyl ester) Monuron 000150-68-5 X Myclobutanil (.alpha.-Butyl-.alpha.-(4- 088671-89-0 X chlorophenyl)-1H-1,2,4-triazole-1- propanenitrile) Nabam 000142-59-6 X Naled 000300-76-5 X X Nicotine and salts NA X Nitrapyrin (2-Chloro-6- 001929-82-4 X (trichloromethyl)pyridine) Nitrate compounds (water dissociable) NA X p-Nitroaniline 000100-01-6 X Norflurazon (4-Chloro-5-(methylamino)-2- 027314-13-2 X [3-(trifluoromethyl)phenyl]-3(2H)- pyridazinone) Oryzalin (4-(Dipropylamino)-3,5- 019044-88-3 X dinitrobenzenesulfonamide) Oxydemeton methyl (S-(2- 000301-12-2 X (Ethylsulfinyl)ethyl) O,O-dimethyl ester phosphorothioic acid) Oxydiazon (3-[2,4-Dichloro-5-(1- 019666-30-9 X methylethoxy)phenyl]-5-(1,1- dimethylethyl)-1,3,4-oxadiazol-2(3H)- one) Oxyfluorfen 042874-03-3 X X Ozone 010028-15-6 X X Paraquat dichloride 001910-42-5 X Pebulate (Butylethylcarbamothioic acid 001114-71-2 X S-propyl ester) Pendimethalin (N-(1-Ethylpropyl)-3,4- 040487-42-1 X dimethyl-2,6-dinitrobenzenamine) Pentobarbital sodium 000057-33-0 X Perchloromethyl mercaptan 000594-42-3 X Permethrin (3-(2,2-Dichloroethenyl)-2,2- 052645-53-1 X X dimethylcyclopropanecarboxylic acid, (3-phenoxyphenyl)methyl ester) Phenanthrene 000085-01-8 X Phenothrin (2,2-Dimethyl-3-(2-methyl-1- 026002-80-2 X X propenyl) cyclopropanecarboxylic acid (3-phenoxyphenyl)methyl ester) 1,2-Phenylenediamine 000095-54-5 X 1,3-Phenylenediamine 000108-45-2 X 1,2-Phenylenediamine dihydrochloride 000615-28-1 X 1,4-Phenylenediamine dihydrochloride 000624-18-0 X Phenytoin 000057-41-0 X Phosphine 007803-51-2 X Picloram 001918-02-1 X Piperonyl butoxide 000051-03-6 X Pirimiphos methyl (O-(2-(Diethylamino)- 029232-93-7 X 6-methyl-4- pyrimidinyl)-O,O-dimethyl phosphorothioate) Polychlorinated alkanes NA X X Polycyclic aromatic compounds (PACs) NA X consisting of: Benz(a)anthracene 000056-55-3 Benzo(a)phenanthrene 000218-01-9 Benzo(a)pyrene 000050-32-8 Benzo(b)fluoranthene 000205-99-2 Benzo(j)fluoranthene 000205-82-3 Benzo(k)fluoranthene 000207-08-9 Benzo(rst)pentaphene 000189-55-9 Dibenz(a,h)acridine 000226-36-8 Dibenz(a,j)acridine 000224-42-0 Dibenzo(a,h)anthracene 000053-70-3 Dibenzo(a,e)fluoranthene 005385-75-1 Dibenzo(a,e)pyrene 000192-65-4 Dibenzo(a,h)pyrene 000189-64-0 Dibenzo(a,l)pyrene 000191-30-0 7H-Dibenzo(c,g)carbazole 00194-59-2 7,12-Dimethyl benz(a)anthracene 000057-97-6 Indeno[1,2,3-cd]pyrene 000193-39-5 5-Methylchrysene 003697-24-3 1-Nitropyrene 005522-43-0 Potassium bromate 007758-01-2 X Potassium dimethyldithiocarbamate 000128-03-0 X Potassium N-methyldithiocarbamate 000137-41-7 X Profenofos (O-(4-Bromo-2-chlorophenyl)- 041198-08-7 X O-ethyl-S-propyl phosphorothioate) Prometryn (N,N'-Bis(1-methylethyl)-6- 007287-19-6 X methylthio-1,3,5-triazine-2,4-diamine) Propachlor (2-Chloro-N-(1-methylethyl)- 001918-16-7 X N-phenylacetamide) Propanil (N-(3,4- 000709-98-8 X Dichlorophenyl)propanamide) Propargite 002312-35-8 X X Propargyl alcohol 000107-19-7 X Propetamphos (3- 031218-83-4 X [(Ethylamino)methoxyphosphinothioyl]ox y]-2-butenoic acid, 1-methylethyl ester) Propiconazole (1-[2-(2,4- 060207-90-1 X Dichlorophenyl)-4-propyl-1,3-dioxolan- 2-yl]-methyl-1H-1,2,4,-triazole) Quizalofop-ethyl (2-[4-[(6-Chloro-2- 076578-14-8 X quinoxalinyl)oxy]phenoxy] propanoic acid ethyl ester) Resmethrin ([5-(Phenylmethyl)-3- 010453-86-8 X X furanyl]methyl 2,2-dimethyl-3-(2- methyl-1- propenyl)cyclopropanecarboxylate]) Sethoxydim (2-[1-(Ethoxyimino)butyl]-5- 074051-80-2 X [2-(ethylthio)propyl]-3-hydroxyl-2- cyclohexen-1-one) Simazine 000122-34-9 X Sodium azide 026628-22-8 X Sodium dicamba (3,6-Dichloro-2- 001982-69-0 X methoxybenzoic acid, sodium salt) Sodium dimethyldithiocarbamate 000128-04-1 X Sodium fluoroacetate 000062-74-8 X X Sodium nitrite 007632-00-0 X Sodium pentachlorophenate 000131-52-2 X X Sodium o-phenylphenoxide 000132-27-4 X Strychnine and salts NA X Sulfuryl fluoride (Vikane) 002699-79-8 X Sulprofos (O-Ethyl O-[4- 035400-43-2 X X (methylthio)phenyl]phosphorodithioic acid S propyl ester) Tebuthiuron (N-[5-(1,1-Dimethylethyl)- 034014-18-1 X 1,3,4-thiadiazol-2-yl)- N,N'- dimethylurea) Temephos 003383-96-8 X Terbacil (5-Chloro-3-(1,1- 005902-51-2 X dimethylethyl)-6-methyl- 2,4 (1H,3H)- pyrimidinedione) 1,1,1,2-Tetrachloro-2-fluoroethane 000354-11-0 X X (HCFC-121a) 1,1,2,2-Tetrachloro-1-fluoroethane 000354-14-3 X X (HCFC-121) Tetracycline hydrochloride 000064-75-5 X Tetramethrin (2,2-Dimethyl-3-(2-methyl- 007696-12-0 X X 1-propenyl) cyclopropanecarboxylic acid (1,3,4,5,6,7-hexahydro-1,3-dioxo- 2H-isoindol-2-yl)methyl ester) Thiabendazole (2-(4-Thiazolyl)-1H- 000148-79-8 X X benzimidazole) Thiobencarb (Carbamic acid, diethylthio- 028249-77-6 X , S-(p-chlorobenzyl)) Thiodicarb 059669-26-0 X X Thiophanate ethyl ([1,2- 023564-06-9 X Phenylenebis(iminocarbonothioyl)] biscarbamic acid diethyl ester) Thiophanate-methyl 023564-05-8 X Thiosemicarbazide 000079-19-6 X Triadimefon (1-(4-Chlorophenoxy)-3,3- 043121-43-3 X dimethyl-1-(1H-1,2,4-triazol-1-yl)-2- butanone) Triallate 002303-17-5 X Tribenuron methyl (2-(4-Methoxy-6- 101200-48-0 X methyl-1,3,5-triazin-2-yl)- methylamino)carbonyl)amino)sulfonyl)-, methyl ester) Tributyltin fluoride 001983-10-4 X Tributyltin methacrylate 002155-70-6 X S,S,S-Tributyltrithiophosphate (DEF) 000078-48-8 X X Trichloroacetyl chloride 000076-02-8 X 1,2,3-Trichloropropane 000096-18-4 X Triclopyr triethylammonium salt 057213-69-1 X Triethylamine 000121-44-8 X Triforine (N,N'-[1,4-Piperazinediylbis- 026644-46-2 X 2,2,2-trichloroethylidene)] bisformamide) Trimethylchlorosilane 000075-77-4 X 2,3,5-Trimethylphenyl methylcarbamate 002655-15-4 X Triphenyltin chloride 000639-58-7 X X Triphenyltin hydroxide 000076-87-9 X X Vinclozolin (3-(3,5-Dichlorophenyl)-5- 050471-44-8 X ethenyl-5-methyl-2,4-oxazolidinedione)
EPA is deferring final action on 40 chemicals and one chemical category
until a later date. These chemicals and the comments received on them raised
particularly difficult technical or policy issues which will require additional
time to address. The Agency does not believe that it would be in the spirit
of community right-to-know to delay final action on the remaining 286 chemicals
and chemical categories, pending completion of work on the more limited
group. In a future rulemaking, EPA will make a final determination as to
whether these chemicals should be added to EPCRA section 313. The public
comment that has been received specific to these deferred chemicals will
be addressed as part of the future rulemaking discussed above. These chemicals
follow:
o-benzyl-p-chlorophenol
butylate
butylated hydroxyanisole (BHA)
calcium hypochlorite
caprolactam
carbon monoxide
cyromazine
dichloromethylphenylsilane
dithiopyr
2,4-D 2-octyl ester
flumetralin
iprodione
isophorone
man made mineral fibers
methylene bis(thiocyanate)
nitric oxide
nitrogen dioxide
nine polycyclic aromatic compounds, specifically: carbazole
cyclopenta(cd)pyrene
dibenz(a,c)anthracene
dibenz(a,j)anthracene
2-methylchrysene
3-methylchrysene
4-methylchrysene
6-methylchrysene
2-methylfluoranthene
phosphorus oxychloride
phosphorus pentachloride
phosphorus pentasulfide
phosphorus pentoxide
primsulfuron
sodium chlorite
sodium hypochlorite
sodium 2-pyridinethiol-1-oxide
sulfur dioxide
sulfur trioxide
tefluthrin
thiabendazole, hypophosphite salt
trichloroethylsilane
trichlorophenylsilane
vanadium pentoxide
Based on an evaluation of the public comments received and a reanalysis
of the available data cited in the proposed rule, EPA has determined that
three chemicals, clomazone, 5-chloro-2-(2,4- dichlorophenoxy)phenol, and
tetrasodium ethylenediaminetetraacetate, that were proposed for listing
do not have sufficient evidence of toxicity at this time to meet the statutory
criteria of EPCRA section313(d)(2) and thus are not listed in this final
rule. Summaries of responses to chemical-specific comments for these chemicals
appear in unit IV.G. of this preamble.
IV. Summary of Public Comment
The public comment period for the proposed rule closed April 12, 1994.
On March 9, 1994, EPA held a public meeting on the proposed addition of
chemicals and chemical categories. Two hundred and sixtysix comments were
received, including 136 from industry, 60 from trade associations, 32 from
environmental groups, 15 from private citizens, 3 from Federal agencies,
7 from State agencies and 13 from other public interest groups, labor groups,
universities, and associations. In addition to general comment and comment
addressing a broad number of chemicals, EPA received specific technical
comments on 110 of the chemicals and chemical categories. Detailed responses
to all comments, except those comments specific to chemicals for which final
action is being deferred, are contained in the Response to Comment Document
(Ref. 14).
In addition to a number of comments supporting the concept of chemical expansion,
EPA received comments in the following major areas: EPA's screening process
used to identify potential candidates and the Agency's use of the Draft
Hazard Assessment Guidelines (Ref. 11); the use of exposure in determining
if a chemical meets the statutory criteria of EPCRA section 313; listing
of categories; the addition of chemicals that are regulated by the Food
and Drug Administration (FDA); the addition of chemicals that are regulated
under FIFRA; duplicative reporting; general technical comments; and chemical-specific
comments.
A. Comments on EPA's Screening Process Used to Identify Potential Candidates for Addition to EPCRA Section 313 and on EPA's Use of the Draft Hazard Assessment Guidelines
One of the most significant issues raised by commenters relates to
the Agency's consideration of hazard, exposure, and risk in interpreting
the section 313(d)(2) criteria. Specifically, a number of commenters
believe that EPA's interpretation of the EPCRA section 313(d)(2)(B)
criterion, chronic human health effects, and the section 313(d)(2)(C)
criterion, ecological effects, has been overly restrictive. The commenters
contend that EPA should conduct risk assessments and make a formal determination
that a chemical poses a risk (i.e., a combination of exposure and hazard)
before adding it to the EPCRA section 313 list. The commenters argue
that the following factors support their contention: (1) The statutory
criteria include an implicit exposure and thus risk component; (2) the
legislative history illustrates Congress' intent that exposure considerations
were to be an integral part of determining whether a chemical should
be listed on the EPCRA section 313 list; and (3) EPA should consider
exposure in conjunction with section 313(d)(2)(B), chronic human health
effects, and for all listings pursuant to section 313(d)(2)(C), ecological
effects, because there is precedent for the use of exposure in previous
listing and delisting actions.
In light of the many comments received on this issue, EPA has reviewed
its positions in this area, and agrees with many of the commenters that
there are limited circumstances under which it is appropriate for EPA
to consider exposure factors for listing decisions under section 313(d)(2).
The Agency believes that exposure considerations are appropriate in
making determinations (1) under section 313(d)(2)(A), (2) under section
313(d)(2)(B) for chemicals that exhibit low to moderately low toxicity
based on a hazard assessment (i.e., those chemicals for which the value
of listing on the EPCRA section 313 list on hazard alone is marginal),
and (3) under section 313(d)(2)(C) for chemicals that are low or moderately
ecotoxic but do not induce well-documented serious adverse effects as
described below. The Agency believes that exposure considerations are
not appropriate in making determinations (1) under section 313(d)(2)(B)
for chemicals that exhibit moderately high to high human toxicity (These
terms, which do not directly correlate to the numerical screening values
reflected in the Draft Hazard Assessment Guidelines, are defined in
unit II.) based on a hazard assessment, and (2) under section 313(d)(2)(C)
for chemicals that are highly ecotoxic or induce well-established adverse
environmental effects. For chemicals which induce well-established serious
adverse effects, e.g., chlorofluorocarbons, which cause stratospheric
ozone depletion, EPA believes that an exposure assessment is unnecessary.
EPA believes that these chemicals typically do not affect solely one
or two species but rather cause changes across a whole ecosystem. EPA
believes that these effects are sufficiently serious because of the
scope of their impact and the well-documented evidence supporting the
adverse effects. EPA, however, disagrees with those commenters who suggest
that EPA must include a risk assessment component to EPCRA section 313
determinations. Specifically, EPA does not agree with the commenters
about the extent to which exposure must be considered in making determinations
under sections 313(d)(2)(B) and (C). This is primarily because EPA does
not agree with the commenters' understanding of EPCRA section 313. Risk
assessment may be pertinent and appropriate for use under statutes that
control the manufacture, use, and/or disposal of a chemical, such as
the Clean Air Act or the Toxic Substances Control Act. However, EPCRA
section 313 is an information collection provision that is fundamentally
different from other environmental statutes that control or restrict
chemical activities. EPCRA section 313 charges EPA with collecting and
disseminating information on releases, among other waste management
data, so that communities can estimate local exposure and local risks;
risks which can be significantly different than those which would be
assessed using generic exposure considerations. The intent of EPCRA
section 313 is to move the determination of what risks are acceptable
from EPA to the communities in which the releases occur. This basic
local empowerment is a cornerstone of the right-to-know program. EPCRA
section 313 establishes an information collection and dissemination
program, the burden it imposes is significantly less than the burden
imposed by a statute which controls the manufacture, use, and/or disposal
of a chemical. EPCRA section 313 requires that a facility use the best
available information to prepare each chemicalspecific TRI report. However,
the statute does not require that the facility conduct monitoring or
emissions measurements to determine these quantities. A facility must
only estimate, to the best of its ability, the quantitative information
it reports. This is in contrast to other environmental statutes that
may require a facility to monitor releases, change its manufacturing
process, install specific waste treatment technology, or dispose of
wastes in a certain manner. As such, the Agency believes that the standard
that must be met to require information submission under EPCRA section
313 is less than that to regulate a chemical under a statute such as
the Clean Air Act. EPA believes that its position regarding the use
of hazard, exposure, and risk in listing decisions is consistent with
the purpose and legislative history of EPCRA section 313, as illustrated
in the following passage from the Conference report:
The Administrator, in determining to list a chemical under any of the above criteria, may, but is not required to conduct new studies or risk assessments or perform site-specific analyses to establish actual ambient concentrations or to document adverse effects at any particular location. (H. Rep. 99-962, 99th Cong., 2nd Sess., p. 295 (Oct. 3, 1986) ).
This passage indicates Congress did not intend to require EPA to conduct
new studies, such as exposure studies, or perform risk assessments,
and therefore did not consider these activities to be mandatory components
of all section 313 decisions. EPA believes that this statement combined
with the plain language of the statutory criteria clearly indicate that
Congress intended that the decision of whether and how to consider exposure
under EPCRA section 313(d)(2)(B) and (C) should be left to the Agency's
discretion. EPA has carefully considered when and how to use exposure
to fully implement the rightto -know provisions of EPCRA. The Agency
believes that in this final rule, EPA has appropriately used the discretion
provided to it to assure the addition of chemicals that meet the right-to-know
objectives of EPCRA section 313 while not unduly burdening the regulated
community.
EPCRA section 313 specifically requires that exposure be considered
for listing a chemical pursuant to section 313(d)(2)(A). The statute
mandates that EPA consider whether ``a 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.'' EPA has, and will continue
to look at exposures reasonably likely to exist beyond facility site
boundaries when making a listing determination pursuant to EPCRA section
313(d)(2)(A).
The statute is silent on the issue of exposure considerations for the
section 313(d)(2)(B) and (C) criteria. The language of section 313 does
not prohibit EPA from considering exposure factors when making a finding
under either section 313(d)(2)(B) or section 313(d)(2)(C). However,
the language of sections 313(d)(2)(B) and (C) does not require the type
of exposure assessment and/or risk assessment argued by the commenters.
EPA believes that it has the discretion under both section 313(d)(2)(B)
and section 313(d)(2)(C) to consider, where appropriate, those exposure
factors that may call into question the validity of listing of any specific
chemical on TRI. In exercising this discretion, EPA considers it appropriate
to employ exposure considerations to a limited extent in making determinations
under EPCRA section 313(d)(2)(C) because this criterion requires the
Agency to find a ``significant adverse effect on the environment of
sufficient seriousness, in the judgment of the Administrator to warrant
reporting'' under EPCRA section 313. This language recognizes the possibility
that under certain circumstances, a chemical that could theoretically
cause an adverse effect on the environment is unlikely to cause one
of a magnitude sufficient to warrant listing. Moreover, because of the
limitation on the number of chemicals listed pursuant to only section
313(d)(2)(C) that may be listed, EPA believes that it is appropriate
to use both hazard and exposure factors as prioritizing considerations
in these listing decisions. Therefore, to meet its obligation under
section 313(d)(2)(C), in cases where a chemical is low or moderately
ecotoxic, EPA may look at certain exposure factors (including pollution
controls, the volume and pattern of production, use, and release, environmental
fate, as well as other chemical specific factors, and the use of estimated
releases and modeling techniques) to determine if listing is reasonable,
i.e., could the chemical ever be present at high enough concentrations
to cause a significant adverse effect upon the environment to warrant
listing under section 313(d)(2)(C). Of the chemicals being added in
today's action pursuant to section 313(d)(2)(C), all but one are highly
ecotoxic. These highly ecotoxic chemicals are being added to the EPCRA
section 313 list pursuant to section 313(d)(2)(C) based on their hazard.
The other chemical, which is moderately ecotoxic, is being added to
the EPCRA section 313 list pursuant to section 313(d)(2)(C) based on
both its hazard and an exposure assessment for this chemical. For listing
determinations made pursuant to EPCRA section 313(d)(2)(B), in instances
where the hazard assessment indicates that the value of listing on EPCRA
section 313 on hazard alone is marginal (i.e., a chemical is of low
toxicity and unrealistic exposures would be necessary for it to pose
a risk to communities), EPA may use exposure considerations in its listing
decisions. Only chemicals for which the hazard assessments indicate
moderately high to high toxicity are being added in today's action to
the EPCRA section 313 list pursuant to section 313(d)(2)(B). None of
these chemicals are chemicals for which the consideration of exposure
factors would be appropriate. Through this rulemaking, EPA is clarifying
its position regarding the use of hazard, exposure, and risk in listing
decisions under EPCRA section 313. EPA will consider exposure factors
when making determinations under section 313(d)(2)(A) (acute human toxicity).
In addition, EPA has discretion to consider exposure factors where appropriate
for determinations under sections 313(d)(2)(B) (chronic human toxicity)
and (C) (environmental toxicity), and that there is a broader range
of circumstances in which exposure will be considered under section
313(d)(2)(C) than under (B). EPA has reviewed its past listing decisions
in light of this clarification, and believes that its prior listing
determinations have been consistent in the consideration of exposure
in 31 of the 32 listing/delisting determinations previous to this action,
including a number of deletions of low toxicity chemicals that Congress
placed on the initial EPCRA section 313 list. EPA is currently reviewing
the one exception, inorganic fluorides, to determine if additional action
is warranted. EPA will continue to evaluate petitions according to this
clarification and will delete chemicals that do not meet the statutory
criteria.
C. Addition of Categories
Six industry trade organizations, 7 companies, and the Department
of Energy contend that section 313 does not provide EPA the statutory
authority to list chemical categories. Some of the commenters contend
that the intent of Congress was for EPA to review individual chemicals.
Therefore, the commenters believe that EPA should list all chemicals
individually. General Electric, American Iron and Steel Institute, and
Eastman Chemical Company further contend that, based on legal precedent
(citing AFL-CIO vs. OSHA, 965 F.2d 9262 (11th Cir. 1992)), EPA does
not have the authority to list chemical categories or specific groups
of chemicals.
EPA believes that the statutory authority to add ``a chemical'' to the
list may be reasonably interpreted to include the authority to list
groups or categories of chemicals. Indeed, this interpretation is supported
by the initial list of chemicals and chemical categories adopted by
Congress in section 313(c). In that initial list, Congress included
20 chemical categories, mainly metal compounds, but also categories
of organic chemicals such as chlorophenols. Nothing in section 313 or
its legislative history indicates or even suggests that Congress intended
to preclude EPA from adding chemical categories to the list where the
appropriate findings can be made. Where, as with the categories being
added in this final rule, EPA determines that the primary purpose of
TRI--providing information to the community about the release of chemicals--is
most appropriately served by listing a category of chemicals, EPA has
the discretion to list a category rather than individual chemicals.
Of course, in adding a category to the list, EPA must comply with the
statutory criteria. The Agency believes it satisfies the statutory criteria
to add a category to the list by identifying the toxic effect of concern
for at least one member of the category and then showing why that effect
may reasonably be expected to be caused by all other members of the
category. A specific justification for each of the categories included
in the final rule has been provided in the preamble of the January 12,
1994 proposed rule, in the docket supporting this rulemaking, and in
the Response to Comment Document (Ref. 14). Several commenters raised
policy concerns and suggested that there would be regulatory difficulties
associated with adding chemical categories. These are addressed below.
One commenter suggested that the regulated community would face uncertainty
in deciding which chemicals belong in the category. In this final rule,
EPA has described the categories in sufficient detail to alleviate uncertainty
regarding their membership. Of course, the Agency will work with the
public and the regulated community to develop, as appropriate, any interpretations
and guidance the Agency determines are necessary to facilitate accurate
reporting for these categories. One commenter questions how to properly
report a chemical which could be considered part of a category and which
is also specifically, individually listed. Threshold determinations
should be made for the individually-listed chemical rather than for
the category. The current EPCRA section 313 list contains some individually-listed
chemicals that also meet the definition of an EPCRA section 313 listed
category. For example, pentachlorophenol is listed individually on EPCRA
section 313 but also meets the definition of the chlorophenol category.
In these situations, threshold determinations should be made for the
chemical as an individual entity rather than as a member of the category.
A facility would not count the quantities manufactured, processed, or
otherwise used toward threshold determinations for both the individual
listing and the category listing, but rather only toward the individual
chemical threshold.
One commenter contends that categories will lead to inadvertent non-compliance
with reporting requirements. EPA does not believe that this is a significant
concern. Because the categories being added to the EPCRA section 313
list today each consist of chemicals that are similar chemically and
in effect, EPA believes that these categories will not be difficult
for the public or industry to understand or for the Agency to administer.
In addition, there are already categories on the current list, and EPA
has not experienced a significant problem of the sort suggested by the
commenter. The Congressional objective of providing information is outweighed
by any possible problems that some facilities might have with inadvertent
noncompliance. One commenter states that the use of categories will
artificially lower the thresholds for reporting chemicals within the
category. The Agency believes that calculating the thresholds based
on the category (i.e., a sum of the activities for each individual category
member) is appropriate and not ``artificially lower.'' As described
above, categories are placed on the EPCRA section 313 list where each
of the members can be expected to cause similar effects because all
members of the category have a similar functional group or exhibit a
similar characteristic. For each of the categories added in today's
rule, EPA believes that because each member of the category has this
similar functional group or exhibits a similar characteristic, each
member of the category can be reasonably anticipated to cause similar
adverse effects. The members of the category are not randomly selected,
but are closely related and warrant being reported as a category. These
chemicals in aggregate can reasonably be anticipated to cause an aggregate
impact of the adverse effect associated with each member of the category.
Thus, it is appropriate to apply the reporting thresholds to the category
regardless of whether the threshold amount is attributable to one member
of the category or to individual members in aggregate.
One commenter believes that listing broad categories where the individual
members have diverse properties and cause diverse effects does not constitute
``good science.'' The Agency agrees that a category must be rationally
constructed both in terms of similarity in the properties of the individual
members and in terms of their effects. There is, of course, no requirement
that the properties across category members be absolutely identical.
EPA agrees that the members of a category be reasonably expected to
elicit the same type of effect or related effects in order for a category
to satisfy the statutory listing criteria. Furthermore, EPA agrees that
determinations to list a category, as with listing an individual chemical
are to be based on ``good science.'' EPA has applied these principles
to the categories being added in the final rule.
D. Policy Issues
There are several policy issues which were consistently raised in comments on specific chemicals and general comment on the entire proposed rule. For purposes of this final rule, EPA addresses these issues in this unit of the preamble and not in unit IV.F. of the preamble in the responses to chemical-specific comments. Detailed responses to comments on specific individual chemicals are available in the Response to Comments Document (Ref. 14).
EPA believes that the chemicals being added today meet the toxicity criteria of EPCRA section 313(d)(2) and, therefore, should be added to the EPCRA section 313 list. EPA further believes that the EPCRA section 313 requirements do not duplicate other regulatory program requirements. EPCRA was not enacted to serve the same purpose as other regulatory programs but to collect and disseminate information to the public. Nor is EPCRA section 313 intended to regulate how a chemical may be used, the amount of chemical a facility manufactures, processes, otherwise uses, and releases, what media the chemical is released to, or how the chemical is disposed. Therefore, TRI, as an information collection and dissemination program, is not designed to directly impose controls for the protection of human health or the environment in the same manner as other regulatory programs. The benefit of TRI is that it empowers the public, through access to release, transfer, and waste management data on toxic chemicals, to make determinations about risks in their communities based on TRI data, site-specific information, and the properties of the chemicals.
E. General Technical Comments
The Agency received comments on 110 of the 313 specific chemicals included in the proposed rule. This unit of the preamble summarizes the most significant of those comments and the Agency's responses. More detailed responses are included in the Response to Comment Document (Ref. 14). Neither this unit of the preamble nor the Response to Comment Document addresses comments specific to chemicals that have been deferred for final action. These comments will be addressed in a separate rulemaking specific to those chemicals.
EPA does not agree that the NOAEL should be adjusted for
the fertility problem of the strain of male rats used in
the study. During the first mating on which EPA based its
concern level (F<INF>2a) the high-dose male group
exhibited a 24 percent reduction in the mating index. In
addition, there was a statistically significant, dose-related
reduction in the male fertility index; thus, the index was
93.1, 72.4, 72.4, and 46.7 in the control, low-, mid-, and
high-dose groups, respectively. The control value in this
study is 93.1 percent, well within acceptable limits for
any reproductive effects study and as seen the reduction
in mating index is dose-related being 72.4 percent in the
low- and mid-dose groups and 46.7 percent in the high-dose
group. With a control value of 93.1 percent and using the
concurrent controls as an index of mating performance for
the males in this study, the Agency feels that there is
no reason to adjust the NOAEL of 50 mg/kg to account for
reduced fertility in the test animals. During the second
mating (F<INF>2b), the male high-dose group exhibited
a 31 percent reduction in the mating index, and again, there
was a statistically significant, dose-related reduction
in the male fertility index (83.3, 69.0, 60.0, and 34.5
in the control, low-, mid-, and high-dose groups, respectively).
The female high-dose group exhibited a 28 percent reduction
in the fertility index, and again, there was a statistically
significant, dose-related reduction in the fecundity index
(92.6, 74.1, 64.3, and 50.0 in the control, low-, mid-,
and high-dose groups, respectively). Again, the Agency does
not feel that a control value of 83.3 percent fertility
index in the control animals is abnormal and is more concerned
with the dose-related decrease in fertility as an indication
that NMP is a reproductive toxicant. EPA is also concerned
with the decrease in fecundity index in the females and
does not feel that the control value of 92.6 percent warrants
any adjustment of NOAEL for reduced fertility or mating
ability among males in the study. The Agency also disagrees
with NMP Producers Group's contention that decreases in
male fertility observed are not dose dependent. The data
presented above clearly show a correlation between dose
and decreased fertility.
NMP Producers Group claims that the effects of NMP administration
manifested only in the second generation of animals. EPA
disagrees and believes that effects were manifested in the
first generation. There was a reduction in fertility in
the F1 generation, histological evidence of reproductive
effects including hypospermia and significant systemic toxicity
in the F1 generation. In addition, EPA does not believe
that it is unusual to see increased severity in the second
generation since animals have either been treated for 2
generations or are the offspring of treated animals and
cumulative effects or effects on the reproductive system
of the first generation animals may manifest in the second
generation. NMP Producers Group further believes that NMP
is not a developmental hazard because EPA's conclusion is
based on observations from what the commenter claims is
a flawed reproductive study. The commenter adds that a considerable
body of evidence supports the conclusion that NMP is not
uniquely toxic to a developing fetus. EPA's conclusions
about the developmental toxicity of NMP are based upon a
rabbit gavage study and the developmental portion of the
2- generation reproductive study referred to above and cited
in the proposed rule. The rabbit gavage study showed a significant
increase in resorptions and malformations (misshapen skull
bone and cardiovascular malformations). The LOAEL for developmental
toxicity in this study was 540 mg/kg and the NOAEL was 175
mg/kg. The developmental portion of the 2-generation reproductive
effects study showed evidence of developmental toxicity
in both generations after exposure to 500 mg/kg as demonstrated
by reduced litter size, reduced postnatal survival, and
reduced pup body weight. The Agency believes that despite
the flaws in the study, the data described above clearly
show evidence of developmental toxicity. In addition, EPA
believes that the body of evidence supports the finding
that NMP is uniquely toxic to the developing fetus and the
information available to the Agency both from the rat developmental
study and rabbit gavage study is sufficient to list NMP
on the EPCRA section 313 list. EPA reaffirms that there
is sufficient evidence to list N-methyl-2- pyrrolidone under
EPCRA section 313 pursuant to EPCRA section 313(d)(2)(B)
based on available developmental and reproductive toxicity
data for this chemical. Therefore, EPA is finalizing the
addition of Nmethyl -2-pyrrolidone on the EPCRA section
313 list. 35. Molinate. Zeneca Incorporated contends that
the observations attributed to the 35 mg/kg/day dose level
in the rat developmental toxicity study ``in fact occurred
at 140 mg/kg/day, the highest dose tested and were thus
a consequence of maternal toxicity.'' The commenter states
that the NOEL for that study was 35 mg/kg/day. The Agency
does not agree that the NOEL for this study was 35 mg/ kg/day.
The NOEL for developmental toxicity was 2.2 mg/kg/day based
on an increase in runting at the next highest doses, 35
and 140 mg/kg/day. The other adverse effects listed in the
comments for this study occurred only at the highest dose
tested (140 mg/kg/day). The NOEL for maternal toxicity was
35 mg/kg/day and that the effects on the pups (runting)
occurred at a dose level lower than the dose level found
to be maternally toxic.
The same commenter stated that the issue of whether molinate
is a reproductive toxin on the basis of its adverse effect
on fertility in rodents has been very extensively investigated
with studies in rabbits, dogs, monkeys, and man, and these
studies have shown ``conclusively that the effects seen
in rodents is [sic] not relevant to man.'' While EPA agrees
that there has been extensive testing of molinate with respect
to fertility, the data on the rabbit and dog do not support
the commenter's contention that the effects seen in rodents
are specific only to rodents. For example, in each of the
fertility studies in rabbits, both an increase in pre-implantation
loss and abnormal sperm were observed. These two consistent
[reproducible] observations are suggestive of fertility
effects, are two of the same observations found in rats
and, although not as dramatic as observed in rats, cannot
be negated. In the chronic dog study, lesions in male reproduction
organs and effects on sperm were observed, which demonstrate
that, at least in the males, the gonads are target organs
for molinate. The lack of any effect on the limited parameters
assessed in the male monkey studies lends little credence
to the argument since only male monkeys were exposed to
molinate, and no reproduction studies have been performed
to assess reproductive performance. Since molinate is reaching
the gonads in all species, not only in rodents as the commenter
claims, molinate can reasonably be anticipated to cause
fertility/reproductive effects in humans. Further, animals
are accepted as surrogates for toxicity testing to predict
potential hazard to humans, except in a few rare cases where
effects have been determined to be species-specific [e.g.,
<greek-a>2<greek-m>-globulin]. The same commenter
further contends that a NOEL of 2 mg/kg/day was established
in the rat 2-year study, and that this study should not
be used to evaluate the neurotoxicity of molinate because
the study was not designed to evaluate that effect. Rather,
the commenter contends that the ``definitive position on
neurotoxicity has been determined by specific [neurotoxicity]
studies.'' Zeneca Incorporated did not provide a reference
for these ``specific studies.'' EPA agrees that the NOEL
for effects other than neurotoxic effects is 2 mg/kg/day
in the chronic rat study. No NOEL for neurotoxic effects
was established in that study. The LOEL for neurotoxicity
in this study is 0.35 mg/kg/day. Although this study was
not specifically designed to evaluate the neurotoxic effects
of molinate, adverse neurological effects were reported.
Further, they were substantiated by the findings from a
1-year study in dogs.
The same commenter stated that the effects observed in the
dog study were found at the highest dose administered for
1-year and were ``largely a consequence of extended exposure''
and as such should not form a part of the EPCRA listing.
The commenter implies that because this is a chronic adverse
effect, the effect is not relevant to the EPCRA section
313 criteria.
As specified in section 313(d)(2)(B), a chemical may be
listed if it causes chronic toxicity. Thus, the comment
is not relevant. EPA reaffirms that there is sufficient
evidence for listing molinate on the EPCRA section 313 list
pursuant to EPCRA section 313(d)(2)(B) based on the available
developmental, reproductive, and neurological toxicity data
for this chemical. Therefore, EPA is finalizing the addition
of molinate on the EPCRA section 313 list. 36. Nitrate compounds
(proposed as nitrate ion). American Automobile Manufacturers
Association, Merck, and the Department of Energy disagree
with EPA's proposal to list nitrate ion because an ion is
not a chemical. Merck further states that nitrate ion ``exists
only in aqueous media.'' The Chevron Companies, the Department
of Energy, Chemical Manufacturers Association, and Air Products
and Chemicals, Incorporated contend that in proposing to
add nitrate ion to EPCRA section 313 the Agency actually
proposed to add a category of chemicals that dissociate
to generate nitrate ion. EPA agrees with the commenters
that an ion does not meet the definition of a chemical for
purposes of listing on the EPCRA section 313 list and that
by proposing nitrate ion the Agency had, in effect, proposed
the addition of a category of nitrate compounds that dissociate
in water that are reportable only when in aqueous solution.
Thus based on the comments provided by the commenters, the
Agency is finalizing the addition of the following category:
water dissociable nitrate compounds (reportable only when
in aqueous solution). Qualifiers of this sort have been
used to define the form of a chemical for which reports
should be submitted, e.g., zinc (fume or dust). The qualifier
following this listing indicates that only water dissociable
nitrate compounds that are manufactured, processed, or otherwise
used as an aqueous solution at a facility are subject to
reporting. As with all other aspects of EPCRA section 313
reporting, only the weight of the listed chemical is subject
to threshold determinations. That determination does not
include, for example the weight of the water or any other
constituent in the solution other than the nitrate compound.
Beyond the threshold determination, the amounts reportable
on Form R should only include the mass of the nitrate portion
of the compound in solution. This approach is consistent
with guidance given for determining threshold and release
amounts for metal compounds. EPA recognizes that most monitoring
data available measure only the dissociated nitrate ion
released and not the amount of total nitrate compounds from
which the nitrate ion dissociated. Reporting of the amount
of the total water dissociable nitrate compound in wastes
would be complicated when more than one substance contributes
to the nitrate ion content of the waste and when the nitrate
compound is converted to a different substance due to waste
treatment or other processes. It is therefore reasonable
to require reporting of only the nitrate ion released in
order to avoid confusion over the meaning of total compound
released. EPCRA section 313 requires threshold determinations
for chemical categories to be based on the total of all
chemicals in the category manufactured, processed, or otherwise
used. For example, a facility that manufactures three members
of a chemical category would count the total amount of all
three chemicals manufactured towards the manufacturing threshold
for that category. One report is filed for the category
and all releases are reported on this form. In the proposed
rule, EPA discussed both the human health and environmental
adverse effects attributable to nitrates. EPA continues
to be concerned about the potential environmental impacts
of nitrates. In today's action, EPA is adding nitrate compounds
based on the adverse human health effects that the nitrate
moiety causes. Nitrate causes methemoglobinemia. Methemoglobinemia,
like carbon monoxide, interferes with the oxygenating capacity
of the blood resulting in an under supply of oxygen to the
tissues. In adults, cyanosis to lips and mucous membranes
occurs at a level of 1.5 g/dL (10 percent saturation in
an adult with normal hemoglobin levels). Levels between
30 percent and 50 percent saturation in adults produce depression
of the cardiovascular and central nervous systems; levels
between 50 percent and 70 percent cause stupor, convulsions
and respiratory depression and levels above 70 percent are
usually fatal. Because of increased requirement for oxygen
in growing tissue and because of decreased blood volume
in infants, they are much more sensitive to nitrate ion
toxicity than adults. Infants have a lower activity of methemoglobin
reductase and thus are more susceptible. Consequently adverse
effects are seen at much lower levels in infants than in
adults. Irreversible damage to organs such as the heart
or brain, and the development of coronary artery disease
or pulmonary disease are more likely to develop in infants
because the anoxia caused by methemoglobinemia can occur
more rapidly and have more devastating effects in growing
tissue than in the ``static'' tissue of the adult body.
EPA believes that these are serious adverse effects that
satisfy the criteria of EPCRA section 313(d)(2)(B).
37. Ozone. Many commenters opposed the addition of the CAA
criteria pollutants (sulfur dioxide, sulfur trioxide (SO<INF>x),
nitric oxide and nitrogen dioxide (NO<INF>x), carbon
monoxide (CO), and ozone) to the EPCRA section 313 list
since extensive data on these chemicals is already collected
under the CAA.
EPA agrees with the commenters that there are many complex
issues associated with the extensive collection of data
on these chemicals under the Clean Air Act. Therefore, EPA
is deferring the listing of these chemicals for possible
addition at a later time to address some of the issues involving
the availability of data collected under the CAA. The Agency
does not believe, however, that the listing of ozone should
also be deferred. Emissions of ozone, also a criteria pollutant,
are not captured under the CAA. The CAA mandates the collection
of data on the releases of VOCs (VOCs react in the troposphere
to generate ozone and other air pollutants), which are regulated
to maintain the ambient air quality standard for ozone.
EPA believes there are many other significant uses of ozone
(e.g., wastewater treatment, bottled water purification,
and chemical intermediate) that would be captured by EPCRA
section 313 reporting. Accordingly, EPA does not believe
that the finalization of ozone should be deferred. EPA reaffirms
that ozone meets the EPCRA section 313(d)(2) criteria pursuant
to EPCRA section 313(d)(2)(B) and 313(d)(2)(C) based on
the available toxicity data for this chemical. Therefore,
EPA is finalizing the addition of ozone on the EPCRA section
313 list.
38. Pebulate. Zeneca Incorporated comments that the neurological
effects noted in the 1-year feeding study in dogs cited
in the proposed rule occurred at the highest dose level
(100 mg/kg/day), which was, by design, a toxic dose. Thus,
the commenter claims that there is no reasonable hazard.
The Agency disagrees. Although the highest dose tested is
designed to elicit toxicity in the dogs, the presence of
Wallerian type degeneration of the white matter of the spinal
cord at the 100 mg/kg/ day dose level in dogs of both sexes
is of considerable seriousness and cannot be dismissed only
because it occurred at the highest dose tested. Although
the dose eliciting degeneration of the spinal cord was the
highest dose tested, 100 mg/kg/day, these adverse effects
are of sufficient seriousness to warrant listing based upon
the potential for similar effects in humans.
In this study, the NOEL for the Wallerian type neurological
lesions is 50 mg/kg/day. However, the NOEL in males is less
than 5 mg/kg/day (LOEL based on findings of abnormal behavior,
ataxia, severe convulsions, and congestion in both kidneys
in one dog). In females, the NOEL was 5 mg/kg/day and the
LOEL was 25 mg/kg/day with occurrence of blood in feces,
increased absolute and relative liver weight, increase in
severity of lipofuscin deposition in kidneys, and hemosiderin
deposition in liver and spleen. EPA reaffirms that there
is sufficient evidence for listing pebulate on the EPCRA
section 313 list pursuant to EPCRA section 313(d)(2)(B)
based on the available neurological toxicity data for this
chemical. Therefore, EPA is finalizing the addition of pebulate
on the EPCRA section 313 list.
39. Permethrin. Zeneca Incorporated states that the hepatic
effects noted in the liver of rats and dogs are adaptive
rather than toxic responses to the pyrethroid. The commenter
further claims that there were no changes in liver weight
relative to body weight. EPA does not agree that the incidence
of liver weight increase is not a significant effect, or
that there were no changes in liver weight relative to body
weight. The liver weights, relative to bodyweight, were
increased in all treated groups in the 2-year rat study.
EPA believes that the hepatic changes noted in these studies
represent a significant adverse effect.
The same commenter contends that in the 2-year rat study
cited in the proposed rule, ``the NOEL is also incorrectly
stated as 5 mg/kg/ day, where EPA states a LOEL of 100 mg/kg/day.''
The Agency disagrees with the commenter. The NOEL and LOEL
should be 5 and 100 mg/kg/day, respectively. At 100 mg/kg/day
there was an increase in alkaline phosphatase, liver weight
and cellular swelling of the liver (indicative of typical
smooth endoplasmic reticulum proliferation), and one male
in the low dose group was affected, focal inflammation with
degenerative change in the zona fasciculate and swelling
and vacuolation ofcells in the zona reticularis of the adrenals
and reduced body weight in females. EPA considers these
to be serious adverse effects.
EPA reaffirms that there is sufficient evidence for listing
permethrin on the EPCRA section 313 list pursuant to EPCRA
section 313(d)(2)(B) based on the available hepatic toxicity
data for this chemical, and pursuant to EPCRA section 313(d)(2)(C)
based on the available environmental toxicity data. Therefore,
EPA is finalizing the addition of permethrin on the EPCRA
section 313 list. 40. Phosphine. Coors Brewing Company states
that only liquid phosphine can cause the health effects
necessary to support a listing on the EPCRA section 313
list.
Phosphine is a gas (the boiling point is negative 87.4 deg.C);
it only occurs as a liquid when placed under reduced temperature
and/or pressure. The acute toxicity data used to support
the listing of phosphine is based on exposure to phosphine
in the air (i.e., phosphine gas). Thus, EPA does not agree
that only liquid phosphine could cause the health effects
necessary to support listing under EPCRA section 313. EPA
reaffirms that there is sufficient evidence for listing
phosphine on the EPCRA section 313 list pursuant to EPCRA
section 313(d)(2)(A). Therefore, EPA is finalizing the addition
of phosphine on the EPCRA section 313 list.
41. Polychlorinated alkanes (proposed as chlorinated paraffins).
EPA proposed the addition of clorinated paraffins that consisted
of polychlorinated alkanes. Occidental Chemical Corporation
and the Chlorinated Paraffins Industry Association state
that the proposed chlorinated paraffins category is really
a category of chlorinated hydrocarbons since it covers a
broad range of chlorinated hydrocarbons including chlorinated
paraffins and chlorinated <greek-a>-olefins. EPA believes
that there may be confusion over what is covered by the
chlorinated paraffins category, as named, because the name
chlorinated paraffins identifies a particular feedstock
used to make this class of compounds. However, as discussed
below, EPA believes that the chlorination of paraffins and
<greek-a>-olefins results in products that do not
differ significantly structurally, physically, or toxicologically.
EPA believes that, rather than name the category based on
one of the feedstocks used to make these compounds, a more
appropriate name for the category is one that describes
the actual members of the category. Therefore, because the
members of this category are alkanes containing three or
more chlorines, EPA is renaming this category polychlorinated
alkanes. The new category name will not expand the scope
of the category. EPA believes that the toxicity data for
chlorinated paraffins is sufficient for all polychlorinated
alkanes that fall within the same carbon number and chlorine
content regardless of what materials where used to manufacture
them.
Courtlands Aerospace, ELF Lubricants North America, Incorporated,
Tower Oil & Technology Company, National Oil Products,
Incorporated, OxyChem, the American Automobile Manufacturers
Association, the Association of International Automobile
Manufacturers, Incorporated, the Specialty Steel Industry
of the United States, the Independent Lubricant Manufacturers
Association, Engineered Lubricants, Sealed Air Corporation,
American Federation of Labor and Congress of Industrial
Organizations, Chlorinated Paraffins Industry Association,
and Far West Oil Company, Incorporated contend that the
available toxicity data is insufficient to support the addition
of chlorinated paraffins to EPCRA section 313. Some of these
commenters state that they do not believe that EPA should
create chemical categories such as that proposed for chlorinated
paraffins on the EPCRA section 313 list. Some of these commenters
state that the long-chain chlorinated paraffins have not
been classified as ``probable human carcinogens'' by NTP
or IARC. Some of these commenters made numerous specific
comments concerning the adequacy of the studies used to
support EPA's listing of chlorinated paraffins and pointed
out flaws in the data for both long and shortchain chlorinated
paraffins. Some of the flaws that the commenters allege
concern the studies used to support the listing of the shortchain
species and included: (1) Kidney tumors in male rats may
be due to binding to <greek-a>2<greek-m>-globin,
a male rat-specific protein; (2) route of administration
(forced gavage feeding); (3) corn oil as a vehicle; (4)
use of the B6C3F1 mouse; (5) short-chain chlorinated paraffins
are non-genotoxic in a variety of short-term assays; (6)
peroxisome proliferation, liver growth in male and female
rats and mice and stimulation of replicative DNA in rodents
have not been shown to occur in guinea pigs indicating that
they are mouse and rat specific and have no relation to
tumor formation in humans; and (7) thyroid tumors may be
a consequence of a perturbation in the metabolism of thyroxine.
Some of the commenters contend that only the data on shortchain
chlorinated paraffins are sufficient to justify a listing
on the EPCRA section 313 list and that EPA should limit
the category to just the short-chain species.
a. Long-chain chlorinated paraffins. IARC has not classified
the long-chain chlorinated paraffins because there is insufficient
evidence that they cause cancer in treated animals. The
NTP found no evidence of cancer in male rats treated with
1,875 or 3,750 mg/kg/day for 24 months with long-chain chlorinated
paraffins. Female rats treated with 900 mg/ kg/day showed
marginal increases in adrenal gland tumors; female rats
treated with 5,000 mg/kg/day had marginal increases in liver
tumors. The only significant increase in tumor formation
occurred in male mice which had a significant increase in
malignant lymphomas. After further evaluation of the available
data and considering the available statistics, the high
background rate of lymphoma in the strain of mice used in
the NTP bioassay and the statements made by the NTP Working
Group and the Quality Assessment Narrative, which was submitted
by the commenters, EPA agrees that there is insufficient
evidence to conclude that the malignant lymphomas observed
in male mice were treatment related and that long-chain
chlorinated paraffins should not be classified as potential
carcinogens. Therefore, the Agency concludes that there
is insufficient evidence to list long-chain chlorinated
paraffins on the EPCRA section 313 list. b. Short-chain
chlorinated paraffins. IARC has classified the short-chain
chlorinated paraffins as Group 2B, i.e., sufficient evidence
for carcinogenicity in animals and probably carcinogenic
in humans. Detailed responses to all of the comments concerning
the toxicity of the short-chain species are contained in
the Response to Comment Document (Ref. 14). Summaries of
the responses to the most significant comments concerning
flaws in the studies used to support the listing of the
short-chain species are provided below. (1) The Agency agrees
that the kidney tumors observed in rats are most likely
not relevant to tumor formation in man because the male
rat kidney possess a unique protein, <greek-a>2<greek-m>-globulin
which has been shown to be responsible for the development
of rat liver kidney tumors, not only after administration
of short-chain chlorinated paraffins but after administration
of many other chemicals also. However, to state that chlorinated
paraffins bind to a protein which is similar to <greek-a>2<greek-m>-globulin
and that this binding is not seen in guinea pigs as evidence
that kidney tumor formation is not relevant to human tumor
formation in this instance is not a convincing argument.
(2) The Agency agrees that forced gavage feeding may not
be a relevant route of administration when one is using
the data for human risk assessment. In this instance, the
data are being used as an indication of potential human
hazard and EPA accepts the data as being indicative of such
potential.
(3) EPA believes that corn oil is an accepted vehicle of
administration for many in vivo studies because it is relatively
inert and has not been shown to interact with test agents.
(4) The B6C3F1 mouse is the accepted test species of the
NTP and EPA has no reason to question the NTPs choice of
test species nor to discount results of cancer bioassays
using this species. (5) EPA does not believe that non-genotoxicity
is a sufficient reason to dismiss the relevance to man of
tumor formation by the shortchain chlorinated paraffins.
Non-genotoxicity may be a factor in selecting a model to
use for dose response estimation, once tumor formation has
been established, but it is not a reason to disregard the
significance of tumors which are formed by agents which
are nongenotoxic in short-term tests.
(6) The Agency is not convinced that failure to observe
liver growth, peroxisome proliferation in hepatocytes and
stimulation of replicative DNA in guinea pigs is proof that
these effects are specific to rats and mice and have no
bearing on tumor formation in humans. (7) The Agency agrees
that there was a perturbation of thyroxine levels in treated
animals but does not agree that the observed tumors are
therefore irrelevant.
Therefore, the Agency finds that there is sufficient evidence
for listing short-chain chlorinated paraffins on the EPCRA
section 313 list pursuant to EPCRA section 313(d)(2)(B)
based on the available carcinogenicity data for these chemicals.
i. Ecotoxicity data. Courtaulds Aerospace, Occidental Chemical
Corporation, and the American Automobile Manufactures Association
contend that ecotoxicity data are only available for the
short-chain (10 to 13 carbons, 59 percent chlorine) chlorinated
paraffins. The commenters object to EPA assuming the same
ecotoxicity for all members of the chlorinated paraffin
category because of the potential difference in effects
related to chain length and chlorine content. Although it
was stated as such in the proposed rule, EPA did not intend
to equate the ecotoxicity of the short-chain chlorinated
paraffins with the ecotoxicity of other members of the category.
The ecotoxicity data on the short-chain chemicals was provided
as further support for the listing of the short-chain chemicals.
However, as EPA is not finalizing the addition of the long-chained
species, this issue is no longer relevant.
ii. Chlorinated paraffins versus chlorinated <greek-a>-olefins.
OxyChem, the American Automobile Manufacturers Association,
the Association of International Automobile Manufacturers,
the Independent Lubricant Manufacturers Association, and
the Chlorinated Paraffins Industry Association correctly
state that EPA's proposed definition of chlorinated paraffins
does not exclude chlorinated <greek-a>-olefins. The
commenters further contend that chlorinated paraffins and
chlorinated <greek-a>-olefins are distinctly different
chemicals with different physical, chemical, and biological
properties. The information provided by the commenters does
not substantiate their claim that chlorinated paraffins
and chlorinated <greek-a>- olefins are distinctly
different chemicals with different physical/ chemical properties.
The main difference between chlorinated paraffins and chlorinated
<greek-a>-olefins that EPA is aware of is that chlorinated
paraffins, typically manufactured from paraffin mixtures,
are also mixtures whereas individual chlorinated <greek-a>-olefins
can be manufactured in moderate to high purity. The issue
is whether a pure chlorinated <greek-a>-olefin falls
within the range of structural characteristics that vary
in a chlorinated paraffin mixture. In this case, EPA believes
that there are no significant structural differences between
chlorinated paraffins and chlorinated <greek-a>-olefins.
Both are primarily linear hydrochlorocarbons, and the degree
of chlorination of both groups of substances can be controlled.
Sixty percent chlorination of 1-dodecene, for example, would
yield a product with the formula C<INF>12H<INF>19Cl<INF>7
and a molecular weight of approximately 411. Sixty percent
chlorination of the short-chain grade paraffin mixture would
yield a mixture of products with an average formula of C<INF>12H<INF>19Cl<INF>7
and an average molecular weight of approximately 411.
The commenters claim that the chlorine positions in chlorinated
<greek-a>-olefins differ significantly compared to
the chlorine positions in chlorinated paraffins. EPA does
not believe that chlorination at carbons 1 and 2 of the
<greek-a>-olefins makes a significant difference in
the majority of the isomers formed by both reactions and
even if it did, there are no data that indicate that having
two of the chlorines at carbons 1 and 2 is significant from
a toxicity standpoint. The commenters do not substantiate
their claim (mass spectral data submitted by one commenter
is inconclusive and cannot be used in support, for or against,
the commenter's position); EPA is not aware of experimental
evidence that suggests that the possible variations in chlorine
positions between the chlorinated paraffins and the chlorinated
<greek-a>-olefins differ significantly from the variations
possible within these two groups of substances. Since for
the <greek-a>-olefins the first two chlorines are
added at carbons 1 and 2, the relative amounts rather than
type of each isomer formed may differ between the chlorination
of paraffins and <greek-a>- olefins, especially as
the degree of chlorination decreases. The commenters' claim
that chlorinated <greek-a>-olefins are distinctly
different from chlorinated paraffins because their physical
properties are very different is unjustifiable. As discussed
in detail in the Response to Comment Document (Ref. 14),
the physical properties of discreet chemicals cannot be
compared to those of chemical mixtures. The commenters do
not discuss specific differences between chlorinated paraffins
and chlorinated <greek-a>-olefins and therefore do
not substantiate their claim. They do, however, elaborate
on the differences between structures within the chlorinated
paraffins group, particularly those structures that represent
the extremes in the C<INF>10 to C<INF>30 range.
This discussion is therefore more relevant to the issue
of listing categories versus individual chemicals discussed
subsequently and does not address the issue of differences
in the physical properties between chlorinated paraffins
and chlorinated <greek-a>-olefins, discussed previously.
Furthermore, EPA believes that the specific differences
between structural extremes within the chlorinated paraffins
group that the commenters elaborate on are trends that are
also observed between structural extremes within the chlorinated
<greek-a>-olefins group. A valid comparison of physical
property data can only be made between two discreet substances
of known purity or, in some cases, between two mixtures
of chemicals with well defined compositions. EPA believes
that an <greek-a>-olefin and a paraffin, both with
the same chain length and both with the same degree of chlorination,
are essentially identical structurally (especially if the
degree of chlorination is high); the same isomers can be
predicted for the chlorination of an <greek-a>-olefin
and a paraffin of the same chain length. The physical properties
of chlorinated <greek-a>-olefins and the corresponding
chlorinated paraffins are therefore expected to be very
similar. The differences in the chemical and physical properties
that the commenters refer to are largely or completely due
to the fact that the chlorinated paraffins are mixtures
of different chain lengths while the chlorinated <greek-a>-olefins
typically are composed of a single chain length.
iii. Category definition. Since EPA has determined that
only the short-chain species meet the listing requirements
of EPCRA section 313, the polychlorinated alkanes category
will be defined by the following formula and description:
C<INF>xH<INF>2x-yCl<INF>y; where x = 10
to 13 and y = 3 to 12 and where the average chlorine content
ranges from 40 to 70 percent with the limiting molecular
formulas set at C<INF>10H<INF>19Cl<INF>3
and C<INF>13H<INF>16Cl<INF>12. EPCRA section
313 requires threshold determinations for chemical categories
to be based on the total of all chemicals in the category
manufactured, processed, or otherwise used. For example,
a facility that manufactures three members of a chemical
category would count the total amount of all three chemicals
manufactured towards the manufacturing threshold for that
category. One report is filed for the category and all releases
are reported on this form. 42. Polycyclic aromatic compounds.
In the proposed rule, EPA proposed the addition of a delineated
polycyclic aromatic compounds (PAC) category that consisted
of 28 polycyclic aromatic compounds. Alternatively, EPA
proposed the addition of a PAC category based on the following
broad definition: ``includes all chemical species from the
polycyclic aromatic hydrocarbon, aza-polycyclic, thio-polycyclic,
or nitroarene families where polycyclic means three or more
fused rings. More specifically, it means any combination
of three or more fused six or five membered hydrocarbon
rings with at least two or more rings being aromatic. The
structure may contain fused non-aromatic 5-membered rings,
a ring nitrogen, a ring sulfur, one or more attached nitro
groups, or one or more attached alkyl groups'' (January
12, 1994, 59 FR 1832).
Monsanto, The Chevron Companies, Amoco Corporation, Armco
Steel Company, Mobil Oil Corporation, UNOCAL, Pennzoil,
Phillips Petroleum Company, American Petroleum Institute,
and the Department of Energy object to listing polycyclic
aromatic compounds as a category and recommend that EPA
list them separately as individual chemicals. American Coke
and Coal Chemicals Institute and Mobil Oil Corporation state
that if the chemicals are not individually listed then the
proposed delineated category should be used. Koch Industries
Incorporated, Texaco Incorporated, and the Wisconsin Department
of Natural Resources object to the alternative proposal
for a PAC category with the broad definition and recommend
that EPA implement the delineated category approach. The
Natural Resources Defense Council recommends that EPA use
the broad category definition. EPA believes that polycyclic
aromatic compounds should be listed as a delineated category
rather than listed individually or defined under the broad
category definition. Most if not all of the polycyclic aromatic
compounds included in the category are not intentionally
manufactured, they are byproducts and impurities from various
industrial processes. As such, they occur as complex mixtures
that are typically released or transferred together. EPA
believes that for this class of compounds a category listing
is the most appropriate way to track releases and transfers
under EPCRA section 313 because members of this category
are structurally similar and induce a similar toxic effect.
The American Petroleum Institute, Mobil Oil Corporation,
American Coke and Coal Chemicals Institute, Koch Industries
Incorporated, Monsanto, The Chevron Companies, and Amoco
Corporation state that analytical methodologies do exist
to identify specific chemicals such as those proposed for
the delimited PAC category; however, these analytical methodologies
require a chemical-by-chemical analysis. They add that since
a chemical-by-chemical analysis is required, there would
be no reduction in the reporting burden for either a category
based on the broad definition or for the proposed delimited
category. EPA proposed the broad category definition approach
as a possible way to reduce the reporting burden for a PAC
category. However, the majority of the industries that would
have to report do not agree that this will result in a reduction
of their reporting burden, they believe that it will cause
confusion over what chemicals are covered by this category,
and do not believe that analytical methodologies exist to
identify all of the thousands of chemicals that would be
covered by a PAC category based on the alternative broad
definition. EPA is therefore not finalizing the alternative
proposal to create a PAC category based on the broad definition
but is finalizing the proposed delimited PAC category as
explained above. EPA believes that although it may be necessary
to perform a chemical- by-chemical analysis for members
of this delimited category, the most appropriate way to
track releases and transfers under EPCRA section 313 is
by creating this category as explained above. The Chevron
Companies, Amoco Corporation, Mobil Oil, UNOCAL, Pennzoil,
and the American Petroleum Institute state that polycyclic
aromatic compounds share some physical and chemical properties
but that this does not necessarily imply similar toxicities.
These commenters state that the toxicity potentials vary
widely among the polycyclic aromatic compounds but that
the public tends to associate all members of a category
with the most toxic chemical in the category. EPA recognizes
that similarities in physical and chemical properties do
not necessarily indicate that the ability to induce carcinogenic
effect among the members of the polycyclic aromatic compounds
category are identical. However, these compounds are chemically
similar, induce the same toxicological effect (carcinogenicity),
and typically are produced, released, and transferred as
complex mixtures rather than individual chemicals. EPA therefore
believes that it is appropriate to consider these compounds
as a category.
Mobil Oil Corporation contends that 11 of the PACs proposed
for listing have been reviewed by IARC and found to have
insufficient data in animals and no data in humans making
the overall evaluation IARC-3 or inadequate evidence of
carcinogenicity. The 11 chemicals the commenter cites as
being classified by IARC as a group 3 chemical, i.e., the
chemical is not classifiable as to its carcinogenicity,
are: carbazole (CAS No. 86-74-8); cyclopenta(cd)pyrene (CAS
No. 27208-37-3); dibenz(a,c)anthracene (CAS No. 215-58-7);
dibenz(a,j)anthracene (CAS No. 224-41-9); dibenzo(a,e)fluoranthene
(CAS No. 5385-75-1); 2-methylchrysene (CAS No. 3351-32-4);
3-methylchrysene (CAS No. 3351-31-3); 4-methylchrysene (CAS
No. 3351-30-2); 6- methylchrysene (CAS No. 1705-85-7); 2-methylfluoranthene
(CAS No. 33543-31-6); and 1-nitropyrene (CAS No. 5522-43-0).
The commenter is correct in that 10 of these 11 compounds
have been classified as IARC group 3 chemicals. The 11th
compound, 1-nitropyrene (CAS No. 5522-43- 0), was classified
by IARC as a Group 2B chemical, i.e., a possible human carcinogen.
The IARC classification and a review of the data indicate
that the data is sufficient to support the listing of this
chemical on the EPCRA section 313 list pursuant to EPCRA
section 313(d)(2)(B). A second compound, dibenzo(a,e)fluoranthene
(CAS No. 5385-75-1) was classified by EPA as a B2 category
chemical, the chemical is a probable human carcinogen, which
justifies its addition to EPCRA section 313 pursuant to
EPCRA section 313(d)(2)(B). Upon further review of the other
9 IARC group C chemicals, the Agency believes that a more
detailed review of their relationship to the 19 PACs for
which cancer data is available and is sufficient is necessary
before they can be placed on the list on the basis of structure
alone. Therefore, EPA will not add these 9 chemicals to
the EPCRA section 313 list at this time and the delineated
category will consist of the other 19 chemicals proposed
for this category. EPCRA section 313 requires threshold
determinations for chemical categories to be based on the
total of all chemicals in the category manufactured, processed,
or otherwise used. For example, a facility that manufactures
three members of a chemical category would count the total
amount of all three chemicals manufactured towards the manufacturing
threshold for that category. One report is filed for the
category and all releases are reported on this form. 43.
Potassium dimethyldithiocarbamate. Buckman Laboratories
International, Incorporated states that the proposed listing
of the chemical was based on the results of the rat and
rabbit teratology studies, cited in the proposed rule, although
neither study demonstrates evidence of developmental toxicity.
They contend that the findings in the developmental studies
should be considered an artifact. The findings in rabbits
cannot be considered artifacts because there is a dose-related
increase in the severity of developmental effects at 38
and 77 mg/kg. At 38 mg/kg, developmental toxicity was characterized
by increased post implantation loss, malformations, and
sternebral malalignments. At 77 mg/kg, there were reports
of severe fetal and embryo lethality. EPA did not cite a
rat study in the proposed rule as the commenter claims.
EPA reaffirms that there is sufficient evidence for listing
potassium dimethyldithiocarbamate on the EPCRA section 313
list pursuant to EPCRA section 313(d)(2)(B) based on the
available neurological toxicity data for this chemical.
Therefore, EPA is finalizing the addition of potassium dimethyldithiocarbamate
on the EPCRA section 313 list.
44. Prometryn. Ciba-Geigy Corporation states that marked
renal and hepatic degenerative changes were noted in the
high-dose dogs only in the 2-year dog study cited in the
proposed rule. The commenter further claims that although
minor liver effects were seen in rats in the 28- day study
cited in the proposed rule, there were no liver effects
in rats after 90 days at dose levels up to 5,000 ppm. This
90-day study that the commenter cited was not cited by EPA
in the proposed rule. Thus, the commenter does not believe
that the data support the addition of this chemical to the
EPCRA section 313 list. EPA disagrees with the commenter.
In the 2-year dog feeding study, prometryn induced degenerative
changes in liver and kidney and bone marrow atrophy at 37.5
mg/kg/day (LOEL, the NOEL is 3.75 mg/kg/day). Although the
dose eliciting degenerative changes in liver and kidney
and bone marrow atrophy was the highest dose tested, these
adverse effects are of sufficient seriousness to warrant
listing based upon the potential for similar effects in
humans. Further, the findings of the 2-year dog study and
the 28-day rat study, cannot be discounted based solely
on of the results of the 90-day study referred to by the
commenter. Rather EPA has considered all of the data in
concluding that prometryn meets the criteria for addition
to the EPCRA section 313 list.
The commenter questions the use of the rabbit developmental
toxicity study because only a slight effect (if real) was
noted at the highest dose tested, and was not statistically
significant. Although the use of the rabbit developmental
toxicity study may not be justified, and the potential for
developmental effects therefore not supported, EPA reaffirms
that there is sufficient evidence for listing prometryn
on the EPCRA section 313 list pursuant to EPCRA section
313(d)(2)(B) based on available hepatic, renal, and bone
marrow toxicity data. Therefore, EPA is finalizing the addition
of prometryn on the EPCRA section 313 list.
45. Propachlor. Monsanto contends that the developmental
toxicity study in rabbits cited in the proposed rule was
a study that was rejected by the Agency. Monsanto further
stated that in this study ``a slight decrease in viable
fetuses, slight increase in post-implantation loss, and
slight decrease in mean fetal weight was noted at the highest
dose tested (116.7 mg/kg/day) which caused severe treatment-related
maternal toxicity including death. An equivocal increase
in postimplantation loss on a percent basis was noted in
the mid-dose (58.3 mg/kg/day) level. Marginal developmental
effects that were seen were not statistically significant
and were within the historical control limits. Propachlor
does not produce any observable maternal or fetal toxicity
at 5.8 or 58.3 mg/kg/day. In addition, propachlor does not
cause developmental toxicity in rats.'' Monsanto concluded
that, based on the ``weight of evidence from the rat and
rabbit studies, there does not appear to be any developmental
risk to humans.'' The Agency does not concur with the commenter's
statement that ``propachlor does not produce any observable
maternal or fetal toxicity at 5.8 or 58.3 mg/kg/day dose
levels,'' nor with the statement that ``the marginal developmental
effects that were seen were .... within the historical control
limits.'' The Agency's rationale for the disagreements are
as follows:
In a developmental toxicity study in rabbits, oral administration
of propachlor at 116.7 mg/kg/day caused maternal toxicity
as evidenced by death, clinical signs [salivation and reduced
defecation], decreased body weight gain and food consumption,
and gross pathological lesions of the stomach. Developmental
toxicity at 58.3 and 116.7 mg/kg/day included dose-related
increases in the total number of resorptions/ litter and
post-implantation losses compared to concurrent and/or historical
controls.
Based on these findings, it is apparent that the developmental
effects seen at 58.3 and 116.7 mg/kg/day levels are attributable
to propachlor; the NOEL was 5.8 mg/kg/day. EPA reaffirms
that there is sufficient evidence for listing propachlor
on the EPCRA section 313 list pursuant to EPCRA section
313(d)(2)(B) based on the available developmental toxicity
data for this chemical. Therefore, EPA is finalizing the
addition of propachlor on the EPCRA section 313 list.
46. Propargyl alcohol. International Specialty Products
is opposed to the listing of propargyl alcohol apparently
because an uncertainty factor of 3,000 was used by EPA in
setting the RfD. The commenter feels that an uncertainty
factor of 100 would have been more appropriate and cites
instances where such an uncertainty factor has been used
by IRIS in setting reference doses. The commenter does not
question the renal or hepatotoxicity cited in IRIS as a
basis of its concern. The commenter is correct in stating
that EPA has used uncertainty factors of 100 for other chemicals.
However, that was not deemed appropriate in this instance
for reasons which are set out by EPA in the IRIS data base.
EPA continues to support the listing of propargyl alcohol
under EPCRA section 313 on the basis of chronic toxicity
which may pose a significant health hazard as manifested
by renal and hepatic effects. The uncertainty factor plays
no part in this decision. EPA reaffirms that there is sufficient
evidence for listing propargyl alcohol on the EPCRA section
313 list pursuant to EPCRA section 313(d)(2)(B) based on
the available hepatotoxicity and nephrotoxicity data for
this chemical. Therefore, EPA is finalizing the addition
of propargyl alcohol on the EPCRA section 313 list. 47.
Propiconazole. Ciba-Geigy Corporation states that the increased
incidence of liver tumors in the oncogenicity study on propiconazole
was noted only in male mice in the high dose (2,500 ppm),
which exceeded the MTD, based on decreased survival and
body weight gain. EPA believes that the study high dose
(2,500 ppm, equivalent to 325 mg/kg/day) was excessively
toxic; however, the Agency also determined that the mid
dose (500 ppm, equivalent to 65 mg/kg/day) was not considered
sufficiently high to evaluate the carcinogenic potential
of propiconazole. The Agency believes that a supplementary
study should be conducted in male mice at doses selected
to sufficiently evaluate carcinogenic potential without
excessive toxicity. At this time however, based on the currently
available evidence, propiconazole remains classified as
a Group C, possible human carcinogen, with the RfD approach
recommended for quantification of human risk. The commenter
further states that relatively minor gastrointestinal effects
were noted in dogs at the high dose only (250 ppm). EPA
believes that the data in both the 3-month and 1-year dog
studies demonstrate gastrointestinal effects at the high-dose
(250 ppm, equivalent to 6.25 mg/kg/day). These effects are
considered severe, and, therefore, are of sufficient seriousness
to warrant listing propiconazole on the EPCRA section 313
list. EPA reaffirms that there is sufficient evidence for
listing propiconazole on the EPCRA section 313 list pursuant
to EPCRA section 313(d)(2)(B) based on the available hepatic
and gastrointestinal toxicity data for this chemical. Therefore,
EPA is finalizing the addition of propiconazole on the EPCRA
section 313 list. 48. Simazine. Ciba-Geigy Corporation objects
to the listing of simazine under EPCRA section 313 based
on reports of liver, kidney, testicular and neural pathology
in sheep and increases in liver enzymes in a dog 2-year
study. The commenter maintains that the sheep study was
conducted to investigate the possible effects that would
result if large amounts of simazine were ingested by this
species. The commenter also states that in a 1-year study
there were some indications of effects on the hematopoietic
system but not the hepatic system at the high dose of 1,500
ppm.
In a 1-year study, NOEL and LOELs of 0.68 and 3.41 mg/kg/day,
respectively, were established based on decreased body weight
gain, and decreased RBC, HGB, HCT in females. Although the
sheep study was conducted for a purpose other than to investigate
the overall toxicity of simazine, this does not negate the
relevance of its results. EPA reaffirms that there is sufficient
evidence for listing simazine on the EPCRA section 313 list
pursuant to EPCRA section 313(d)(2)(B) based on the available
hepatic, renal, neurological, and reproductive toxicity
data for this chemical. Therefore, EPA is finalizing the
addition of simazine on the EPCRA section 313 list. 49.
Sodium nitrite. American Automobile Manufacturers Association
contends that EPA has proposed listing on the basis of chronic
toxicity but the support document cites studies based on
high dose, acute exposures. High dose gestational studies
in rats and mice were also cited as the basis for developmental
(fetal) toxicity. EPA agrees that the human studies cited
in the proposed rule are acute studies. However, these studies
in conjunction with the chronic study in mice, which showed
reduced motor activity and major EEG changes in treated
animals, support the basis for concern for chronic neurological
effects. EPA thus considers sufficient indication of a potential
chronic neurologic hazard to list this chemical on the EPCRA
section 313.
There were two developmental studies in mice and one reproductive
study in rats cited in the proposed rule which showed effects
on the fetal development whether sodium nitrite was administered
during gestation or lactation. The doses used in the studies
with mice, 30 and 80 mg/kg/day, respectively, are not abnormally
high for this type of study; the dose range reported for
the rat reproductive study, 26 to 256 mg/kg/day is also
not abnormally high. The results from all three studies
indicate that sodium nitrite induces developmental effects
in animals and are sufficient to make a determination that
the chemical is a potential health hazard in man.
EPA reaffirms that there is sufficient evidence for listing
sodium nitrite on the EPCRA section 313 list pursuant to
section 313(d)(2)(B) based on the chronic hematological
and developmental toxicity data for this chemical. Therefore,
EPA is finalizing the addition of sodium nitrite on the
EPCRA section 313 list.
50. Triallate. Monsanto contends that the hepatic health
effects listed in the proposed rule for triallate are trivial
effects that do not provide sufficient evidence that triallate
causes hepatic toxicity. In addition, Monsanto claims that
pregnant rats exhibited abnormal behavioral signs at 90
but not at 30 mg/kg/day. Although the Agency agrees that
there is not sufficient evidence for hepatotoxic potential
of triallate, the Agency does not concur with the commenter
that ``pregnant rats exhibited abnormal behavioral signs
at 90 but not at 30 mg/kg/day.'' Head bobbing and circling,
clear signs of neurotoxicity, were observed in pregnant
females at 30 mg/kg/day. Males and non-pregnant females
did not exhibit these clinical signs. These data suggest
that pregnant rats are more susceptible to the neurologic
potential of triallate than the general population. The
commenter noted the existence of a subchronic neurotoxicity
study in rats and indicated that this study provides a better
estimation of the neurotoxic potential of triallate than
the 2- generation reproduction study.
The Agency agrees that the subchronic neurotoxicity study
in rats (Ref. 10) provides a clearer picture of the neurotoxic
potential of triallate. The Agency has reviewed this study
and concludes that the results indicate the neurotoxic potential
of triallate and further corroborates the findings cited
by EPA in the proposed rule. Thus, the Agency reaffirms
that there is sufficient evidence for listing triallate
on the EPCRA section 313 list pursuant to EPCRA section
313(d)(2)(B) based on the available chronic neurotoxicity
data for this chemical. Therefore, EPA is finalizing the
addition of triallate on the EPCRA section 313 list.
G. Chemicals Not Being Added to EPCRA Section 313
Comments that are specific to individual chemicals
or chemical categories are addressed in the Response
to Comments Document (Ref. 14).
Many commenters state that EPA's Regulatory Impact
Analysis (RIA) failed to meet the requirements of
Executive Order 12866, which mandates regulatory
planning and review. The commenters state that:
(1) The RIA for the proposed rule did not analyze
any alternatives other than adding the 313 chemicals
and chemical categories to the EPCRA section 313
list, (2) that it excluded the economic effects
due to complying with state, local and other federal
requirements that are triggered when a chemical
is listed under EPCRA section 313, and (3) that
it did not analyze the benefits of the rule. Many
commenters also contend that small business impacts
were understated in the RIA, and that the time required
for compliance is higher than estimated in the RIA.
These comments and the Agency's responses are discussed
below.
The record supporting this final rule is contained in the docket number OPPTS-400082B. All documents, including an index of the docket, are available in the TSCA Nonconfidential Information Center (NCIC), also known as the TSCA Public Document Office, from 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.
VI. References
(1) Colborn, T., F.S. fom Saal A.M. Soto.
Developmental Effects of Endocrine-Disrupting
Chemicals in Wildlife and Humans. Environmental
Health Perspectives 101:378-384.
(2) DeRosa, Stara and Durkin Ranking Chemicals
Based on Chronic Toxicity Data, Tox. and Ind.
Health, Vol. 1, No.4, (1985) (3) NAS/NRC. Risk
Assessment in the Federal Government: Managing
the Process. National Academy Press, Washington,
DC (1983) (4) USEPA/OHEA. Risk Assessment Guidelines
for Carcinogen Risk. U.S. Environmental Protection
Agency, Cincinnati, OH. (1987). (5) USEPA/OHEA.
The Risk Assessment Guidelines of 1986. U.S.
Environmental Protection Agency, Washington,
DC (1987) (6) USEPA/OHEA. Guidelines for Developmental
Toxicity Risk Assessment. U.S. Environmental
Protection Agency, Washington, DC (1991) [56
FR 63805]
(7) USEPA/OHEA. Draft Report: Principles of
Neurotoxicity Risk Assessment; Notice. U.S.
Environmental Protection Agency, Washington,
DC (1993) [58 FR 41556]
(8) USEPA/OPP. EPTC-RS-DCI. Evaluation of Two-Year
Chronic Rat Study (Accession Nos. 254335, 254336,
254337, 254338, and Addendum to Final Report
(Accession Nos. 258076, 260057). U. S. Environmental
Protection Agency, Washington, DC (1986) (9)
USEPA/OPP. Support Document for the Addition
of Chemicals from Federal Insecticide, Fungicide,
Rodenticide Act (FIFRA) Active Ingredients to
EPCRA Section 313. U. S. Environmental Protection
Agency, Washington, DC (1993).
(10) USEPA/OPP. Triallate: Subchronic Neurotoxicity
Study in Rats. U.S. Environmental Protection
Agency, Washington, DC (1994). (11) USEPA/OPPT.
Revised Draft Hazard Assessment Guidelines for
Listing Chemicals on the Toxic Release Inventory.
U. S. Environmental Protection Agency, Washington,
DC (1992). (12) USEPA/OPPT. Support Document
for the Addition of Chemicals from Section 112(b)
of the Clean Air Act Amendments and Chlorinated
Paraffins to EPCRA section 313. U. S. Environmental
Protection Agency, Washington, DC (1993).
(13) USEPA/OPPT. Support Document for the Health
and Ecological Toxicity Review of TRI Expansion
Chemicals. U. S. Environmental Protection Agency,
Washington, DC (1993). (14) USEPA/OPPT. Response
to Comments Received on the January 12, 1994
Proposed Rule to Expand the EPCRA Section 313
List. U. S. Environmental Protection Agency,
Washington, DC (1994).
VII. Regulatory Assessment Requirements
A. Executive Order 12866
Under Executive Order 12866 (58 FR 51735,
October 4, 1993) the Agency must determine whether
the regulatory action is ``significant'' and
therefore subject to review by the Office of
Management and Budget (OMB) and the requirements
of the Executive Order. Under section 3(f),
the order defines as ``significant'' those regulatory
actions likely to lead to a rule (1) Having
an annual effect on the economy of $100 million
or more, or adversely and materially affecting
a sector of the economy, productivity, competition,
jobs, the environment, public health or safety,
or State, local or tribal governments or communities
(also referred to as ``economically significant'');
(2) creating serious inconsistency or otherwise
interfering with an action taken or planned
by another agency; (3) materially altering the
budgetary impacts of entitlements, grants, user
fees, or loan programs; or (4) raising novel
legal or policy issues arising out of legal
mandates, the President's priorities, or the
principles set forth in this Executive Order.
EPA has prepared a Regulatory Impact Analysis
(RIA) in conjunction with this rulemaking. A
copy of this document (titled ``Regulatory Impact
Analysis of the Final Rule to Add Various Chemicals
and Chemical Categories to the EPCRA Section
313 List of Toxic Chemicals'') is available
in the TSCA NCIC (See Unit V. of this preamble),
for review and copying.
EPA has estimated that the total costs to industry
of adding the new chemicals to the EPCRA section
313 list is approximately $99 million in the
first year and $49 million each year thereafter.
Costs to EPA are approximately $1 million per
year.
Table 2.-Summary of Cost Comparison Between Proposed and Final Rule
Final Rule with Proposed Rule Final Rule Alternate Threshold
chemicals and chemical categoriesNumber of new 2,404 1,225 1,225
facilitiesTotal number of 7,049 3,509 3,509
facilitiesNumber of TRI 28,196 14,036 10,548
Form Rs submittedNumber of annual 0 0 3,488
certifications submittedFirst year $160.4 million $99 million $92.8 million
industry costsSubsequent year $88.5 million $48.8 million $44.3 million
industry costsEPA Costs $2.1 million $1.1 million $0.9 million
Source-RIA. The results for the alternate
threshold are based on a 500 pound level of
total waste.
<SUP>1This includes 39 chemicals as part
of two delineated categories.
The costs for the final rule are different
from the costs for the proposed rule, as shown
in Table 2. There are two reasons for this change.
First, the number of chemicals and chemical
categories added has decreased from 313 to 286,
which reduced the number of reports that would
be submitted. Second, the number of reports
estimated for one chemical, water dissociable
nitrate compounds (reportable only when in aqueous
solution), was increased from 2,146 to 3,066
to account for facilities that create water
dissociable nitrate compounds in aqueous solution
through on-site biological treatment of wastewater.
Elsewhere in this issue of the Federal Register,
EPA is finalizing a rule establishing an alternate
threshold for facilities with low amounts of
a listed toxic chemical in waste (see Unit II.
of this preamble). Qualifying facilities would
be eligible to submit an annual certification
statement instead of a TRI Form R. Because the
time required for the alternate threshold is
less than the time required for a TRI Form R,
the cost of compliance with this rule will be
lowered as a result. The effect of the alternate
threshold on the chemicals being added by this
rule is demonstrated in Table 2. Further information
on the effect of the alternate threshold is
presented elsewhere in this issue of the Federal
Register.
The costs described in Table 2 represent only
those actions that are required by this rule.
There are other requirements that are linked
to reporting under EPCRA section 313, but which
are not required by this rule. There are 13
states that place a fee or tax on facilities
that file a TRI Form R or report to EPA under
EPCRA section 313, and 7 states that mandate
pollution prevention plans from such facilities.
EPA has also created special requirements for
certain facilities with NPDES storm water permits
that report under EPCRA section 313. Adding
chemicals and chemical categories to the EPCRA
section 313 list may cause some facilities to
incur additional costs through these linked
requirements. These costs have not been monetized,
but they should not be significant. The linked
fees and taxes are transfers, and not social
costs, and many of the reporting facilities
will not be located in the 13 states with fees
and taxes. Also, the NPDES and pollution prevention
planning requirements are most likely to create
costs for facilities that are new reporters.
There will be approximately 1,225 new reporters
as a result of this rule, although not all of
these will be subject to the NPDES requirements,
or be located in states with pollution prevention
planning requirements. The linkage to the NPDES
requirements is limited to about two dozen of
the new chemicals, not all 286 chemicals and
chemical categories being added.
The market failure that this rule is intended
to correct is the externality created by the
lack of information available to citizens about
the releases and transfers of toxic chemicals
in their communities. Taking no action would
allow this externality (and the resultant social
costs) to continue. It is expected that this
rulemaking will generate benefits by providing
citizens with access to information that otherwise
would not be available to them. The benefits
of the rule itself are limited to improvements
in understanding, awareness and decision-making
related to the provision and distribution of
information.
EPA believes that the rulemaking can reasonably
be anticipated to indirectly yield health and
environmental benefits by leading to reductions
in the releases and transfers of toxic chemicals.
These changes in behavior come at some cost
to industry. The net benefits of the follow-on
activities are the difference between the benefits
of decreased chemical releases and transfers,
and the costs of the actions needed to achieve
them. As noted above, EPA has not quantified
the benefits of this rule or the follow-on activities.
This action was submitted to OMB for review,
as required by Executive Order 12866, and any
comments or changes made in response to OMB
suggestions or recommendations have been documented
in the public record.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 requires
each Federal agency to perform a Regulatory
Flexibility Analysis for all rules that are
likely to have a ``significant impact on a substantial
number of small entities.'' EPA investigated
the potential impact of the proposed rule on
small businesses, and has prepared a Final Regulatory
Flexibility Analysis (FRFA). This assessment
has been included as part of the RIA and is
summarized below.
In assessing small business impacts, EPA calculated
the costs incurred by two hypothetical facilities
that are supplier notification facilities reporting
to the TRI for the first time. Facilities were
assumed to file only Form Rs, instead of any
annual certification statements. Thus, the results
are based on conservative assumptions. The first
facility files a report for a single new chemical,
while the other files reports for four new chemicals.
For each hypothetical facility, annual regulatory
costs were calculated and compared to average
annual sales.
The cost impact ratios were calculated based
on the average annual sales of those facilities
currently reporting under EPCRA section 313
for which annual sales and employee figures
could be obtained from Dun Bradstreet. The Dun
Bradstreet data base was used instead of Census
data on the assumption that facilities that
report under EPCRA section 313 are not uniformly
distributed throughout the entire population
of facilities in each size category. EPA believes
that it is reasonable to assume that facilities
reporting under EPCRA section 313 have, on average,
larger annual sales than the typical facility
in an industry. Therefore, the annual sales
of current reporters should be a more appropriate
measure than the sales of all facilities in
an industry. A small business was defined as
having fewer than 50 employees. Although a more
detailed break-down of size categories would
have allowed for a closer examination of the
potential impact on even smaller facilities,
the total number of observations in the matched
data base was too small to allow for additional
categories. EPA often uses a cost impact percentage
of one percent as a threshold measure below
which facilities are not considered to be significantly
impacted as a result of a regulation. Under
the scenario in which facilities are assumed
to submit one TRI Form R, the cost impact percentages
are well below one percent for all employee
size classes in all SICs. The highest cost impact
percentage is 0.4 percent for small facilities
in Standard Industrial Classification (SIC)
codes 25 (Furniture) and 31 (Leather) in the
first year of reporting. Under the scenario
in which facilities are assumed to submit four
TRI Form Rs, cost impact percentages in the
first year of reporting are above one percent
only for small facilities in SIC codes 25 (1.2
percent) and 31 (1.1 percent). Cost impact percentages
are below 0.8 percent for all industries in
subsequent years. The higher impact rates for
the hypothetical facilities occur in industry
sectors where there have historically been a
relatively small number of establishments reporting.
Approximately 8 percent of all facilities in
SIC code 25 (Furniture) and 10 percent of all
facilities in SIC code 31 (Leather) currently
report to EPCRA section 313 (compared to 57
percent of all facilities in the chemical industry).
It is reasonable that large and medium businesses
are more highly represented in these percentages
than small businesses, because they would be
more likely to exceed the EPCRA section 313
thresholds. In addition, facilities in SIC 25
and 31 have typically submitted fewer than four
reports each, and would be less likely to submit
four reports for the new chemicals than facilities
in other industries. Thus, cost impacts for
facilities potentially affected by the rule
were not found to be of sufficient magnitude
to cause significant impacts. Although EPA has
found that the rule does not result in significant
impacts on small facilities, EPA has separately
developed alternatives to meet the goals of
the Regulatory Flexibility Act (i.e., to accomplish
the objectives of EPCRA section 313 while minimizing
the economic impact on small entities). EPA
proposed a rule establishing an alternative
reporting threshold for low-level releases and
transfers (July 28, 1994, 59 FR 38524). The
proposal requested comment on five different
levels for the alternate reporting threshold.
This rule is being finalized elsewhere in today's
issue of the Federal Register.
C. Paperwork Reduction Act
The collection of information and other requirements under section 313 of EPCRA and section 6607 of the PPA are covered under OMB approval number 2070-0093, which was issued on May 14, 1992. While this approval normally would have expired on November 30, 1992, it remains in effect pursuant to the 1993 Department of Veteran Affairs and Housing and Urban Development and Independent Agencies Appropriations Act, Pub. L. 102-389, signed October 6, 1992, which states that: Notwithstanding the Paperwork Reduction Act of 1980 or any requirements thereunder the Environmental Protection Agency Toxic Chemical Release Inventory TRI Form R and instructions, revised 1991 version issued May 19, 1992, and related requirements (OMB No. 2070- 0093), shall be effective for reporting under section 6607 of the Pollution Prevention Act of 1990 (Public Law 101-508) and section 313 of the Superfund Amendments and Reauthorization Act of 1986 (Public Law 99-499) until such time as revisions are promulgated pursuant to law.
This final rule adds chemicals to the list
of toxic chemicals subject to reporting under
section 313 of EPCRA and section 6607 of the
PPA and does not change the elements of the
TRI reporting form, its instructions, or related
requirements. Accordingly, the TRI Form R and
instructions and related requirements remain
in effect, as provided by Pub. L. 102-389.
The industry reporting burden for collecting
this information is estimated to average 53
hours per respondent annually, including time
for reviewing instructions, searching existing
data sources, gathering and maintaining the
data needed, and completing and reviewing the
collection of information. The actual burden
to a specific facility may deviate from this
estimate depending on the complexity of the
facility's operations and the profile of the
release.
List of Subjects in 40 CFR Part 372
Environmental protection, Community right-to-know, Reporting and recordkeeping requirements, Toxic chemicals.
Dated: November 22, 1994.
Carol M. Browner,
Administrator.
Therefore, 40 CFR part 372 is amended to read as follows:
Part 372--[AMENDED]
2. In Sec. 372.65 by adding chemicals to paragraph (a) alphabetically, to paragraph (b) by CAS no. sequence, and to paragraph (c) by alphabetically adding six categories to read as follows:
Sec. 372.65 Chemicals and chemical categories to which the part applies.
Effective Chemical Name CAS No. Date
acid O,S-dimethyl ester) *******Acifluorfen, sodium salt [5-(2-Chloro- 62476-59-9 1/1/95
4-(triflouromethyl)phenoxy)-2-nitro- benzoic acid, sodium salt] ******* Alachlor 15972-60-8 1/1/95 Aldicarb 116-06-3 1/1/95 *******d-trans-Allethrin [d-trans- 28057-48-9 1/1/95
Chrysanthemic acid of d-allethrone] Allylamine 107-11-9 1/1/95 ******* Aluminum phosphide 20859-73-8 1/1/95Ametryn (N-Ethyl-N'-(1-methylethyl)-6- 834-12-8 1/1/95
(methylthio)-1,3,5,-triazine-2,4- diamine) ******* Amitraz 33089-61-1 1/1/95 *******Anilazine [4,6-dichloro-N-(2- 101-05-3 1/1/95
chlorophenyl)-1,3,5-triazin-2-amine] *******Atrazine (6-Chloro-N-ethyl-N'-(1- 1912-24-9 1/1/95
methylethyl)-1,3,5,-triazine-2,4- diamine) *******Bendiocarb [2,2-Dimethyl-1,3- 22781-23-3 1/1/95
benzodioxol-4-ol methylcarbamate]Benfluralin (N-Butyl-N-ethyl-2,6- 1861-40-1 1/1/95
dinitro-4- (trifluoromethyl)benzenamine) Benomyl 17804-35-2 1/1/95 ******* Bifenthrin 82657-04-3 1/1/95 ******* Bis(tributylin) oxide 56-35-9 1/1/95 Boron trichloride 10294-34-5 1/1/95 Boron trifluoride 7637-07-2 1/1/95Bromacil (5-Bromo-6-methyl-3-(1- 314-40-9 1/1/95
methylpropyl)-2,4-(1H,3H)- pyrimidinedione)Bromacil, lithium salt [2,4-(1H,3H)- 53404-19-6 1/1/95
Pyrimidinedione, 5-bromo-6-methyl-3- (1-methylpropyl), lithium salt] Bromine 7726-95-6 1/1/951-Bromo-1-(bromomethyl)-1,3- 35691-65-7 1/1/95
propanedicarbonitrile ******* 2-Bromo-2-nitropropane-1,3-diol 52-51-7 1/1/95 (Bronopol) *******Bromoxynil (3,5-Dibromo-4- 1689-84-5 1/1/95
hydroxybenzonitrile)Bromoxynil octanoate (Octanoic acid, 1689-99-2 1/1/95
2,6-dibromo-4-cyanophenyl ester) Brucine 357-57-3 1/1/95 ******* C.I. Acid Red 114 6459-94-5 1/1/95 *******C.I. Direct Blue 218 28407-37-6 1/1/95
******* Carbofuran 1563-66-2 1/1/95 *******Carboxin (5,6-Dihydro-2-methyl-N- 5234-68-4 1/1/95
phenyl-1,4-oxathiin-3-carboxamide) *******Chinomethionat [6-Methyl-1,3- 2439-01-2 1/1/95
dithiolo[4,5-b]quinoxalin-2-one] ******* Chlorendic acid 115-28-6 1/1/95Chlorimuron ethyl [Ethyl-2-[[[(4- 90982-32-4 1/1/95
chloro-6-methoxyprimidin-2-yl)- carbonyl]-amino]sulfonyl]benzoate] *******1-(3-Chloroallyl)-3,5,7-triaza-1- 4080-31-3 1/1/95
azoniaadamantane chloride p-Chloroaniline 106-47-8 1/1/95 *******3-Chloro-2-methyl-1-propene 563-47-3 1/1/95 p-Chlorophenyl isocyanate 104-12-1 1/1/95
Chloropicrin 76-06-2 1/1/95 *******3-Chloropropionitrile 542-76-7 1/1/95
******* p-Chloro-o-toluidine 95-69-2 1/1/95 2-Chloro-1,1,1-trifluoro-ethane (HCFC- 75-88-7 1/1/95 133a) Chlorotrifluoromethane (CFC-13) 75-72-9 1/1/953-Chloro-1,1,1-trifluoro-propane 460-35-5 1/1/95
(HCFC-253fb)Chlorpyrifos methyl [O,O-dimethyl-O- 5598-13-0 1/1/95
(3,5,6-trichloro-2- pyridyl)phosphorothioateChlorsulfuron [2-chloro-N-[[4-methoxy- 64902-72-3 1/1/95
6-methyl-1,3,5-triazin-2- yl)amino]carbonyl]benzenesulfonamide ] ******* Crotonaldehyde 4170-30-3 1/1/95 Cyanazine 21725-46-2 1/1/95 ******* Cycloate 1134-23-2 1/1/95 ******* Cyclohexanol 108-93-0 1/1/95Cyfluthrin [3-(2,2-Dichloroethenyl)- 68359-37-5 1/1/95
2,2-dimethylcyclopropanecarboxylic acid, cyano(4-fluoro-3- phenoxyphenyl)methyl ester]Cyhalothrin [3-(2-Chloro-3,3,3- 68085-85-8 1/1/95
trifluoro-1-propenyl)-2,2- dimethylcyclopropanecarboxylic acid cyano(3-phenoxyphenyl)methyl ester] *******Dazomet(Tetrahydro-3,5-dimethyl-2H- 533-74-4 1/1/95
1,3,5-thiadiazine-2-thione)Dazomet, sodium salt [Tetrahydro-3,5- 53404-60-7 1/1/95
dimethyl-2H-1,3,5-thiadiazine-2- thione, ion(1-), sodium] 2,4,-DB 94-82-6 1/1/952,4-D butoxyethyl ester 1929-73-3 1/1/95
2,4-D butyl ester 94-80-4 1/1/952,4-D chlorocrotyl ester 2971-38-2 1/1/95
******* Desmedipham 13684-56-5 1/1/952,4-D 2-ethylhexyl ester 1928-43-4 1/1/95 2,4-D 2-ethyl-4-methylpentyl ester 53404-37-8 1/1/95
******* Diazinon 333-41-5 1/1/95 *******2,2-Dibromo-3-nitrilopropionamide 10222-01-2 1/1/95
*******Dicamba (3,6-Dichloro-2- 1918-00-9 1/1/95
methyoxybenzoic acid) Dichloran [2,6-Dichloro-4- 99-30-9 1/1/95 nitroaniline] *******3,3'-Dichlorobenzidine 612-83-9 1/1/95
dihydrochloride3,3'-Dichlorobenzidine sulfate 64969-34-2 1/1/95
*******trans-1,4-Dichloro-2-butene 110-57-6 1/1/95 1,2-Dichloro-1,1-difluoroethane (HCFC- 1649-08-7 1/1/95
132b) ******* Dichlorofluoromethane (HCFC-21) 75-43-4 1/1/95 *******Dichloropentafluoropropane 127564-92-5 1/1/95 1,1-dichloro-1,2,2,3,3- 13474-88-9 1/1/95
pentafluoropropane (HCFC-225cc)1,1-dichloro-1,2,3,3,3- 111512-56-2 1/1/95
pentafluoropropane (HCFC-225eb)1,2-dichloro-1,1,2,3,3- 422-44-6 1/1/95
pentafluoropropane (HCFC-225bb)1,2-dichloro-1,1,3,3,3- 431-86-7 1/1/95
pentafluoropropane (HCFC-225da)1,3-dichloro-1,1,2,2,3- 507-55-1 1/1/95
pentafluoropropane (HCFC-225cb)1,3-dichloro-1,1,2,3,3- 136013-79-1 1/1/95
pentafluoropropane (HCFC-225ea)2,2-dichloro-1,1,1,3,3- 128903-21-9 1/1/95
pentafluoropropane (HCFC-225aa)2,3-dichloro-1,1,1,2,3- 422-48-0 1/1/95
pentafluoropropane (HCFC-225ba)3,3-dichloro-1,1,1,2,2- 422-56-0 1/1/95
pentafluoropropane (HCFC-225ca) Dichlorophene [ 2,2'-Methylene-bis(4- 97-23-4 1/1/95 chlorophenol)] *******trans-1,3-Dichloropropene 10061-02-6 1/1/95
*******Diclofop methyl [2-[4-(2,4- 51338-27-3 1/1/95
Dichlorophenoxy)phenoxy]propanoic acid, methyl ester] ******* Dicyclopentadiene 77-73-6 1/1/95 ******* Diethatyl ethyl 38727-55-8 1/1/95 ******* Diflubenzuron 35367-38-5 1/1/95Diglycidyl resorcinol ether 101-90-6 1/1/95 Dimethipin [2,3,-Dihydro-5,6-dimethyl- 55290-64-7 1/1/95
1,4-dithiin-1,1,4,4-tetraoxide] Dimethoate 60-51-5 1/1/95 *******3,3'-Dimethoxybenzidine 20325-40-0 1/1/95
dihydrochloride (o-Dianisidine dihydrochloride)3,3'-Dimethoxybenzidine hydrochloride 111984-09-9 1/1/95
(o-Dianisidine hydrochloride) Dimethylamine 124-40-3 1/1/95Dimethylamine dicamba 2300-66-5 1/1/95
*******3,3'-Dimethylbenzidine 612-82-8 1/1/95
dihydrochloride (o-Tolidine dihydrochloride)3,3'-Dimethylbenzidine 41766-75-0 1/1/95
dihydrofluoride (o-Tolidine dihydrofluoride) *******Dimethyl chlorothiophosphate 2524-03-0 1/1/95
Dimethyldichlorosilane 75-78-5 1/1/95 N,N-Dimethylformamide 68-12-2 1/1/95 ******* 2,6-Dimethylphenol 576-26-1 1/1/95 ******* Dinitrobutyl phenol (Dinoseb) 88-85-7 1/1/95 Dinocap 39300-45-3 1/1/95 ******* Diphenamid 957-51-7 1/1/95 Diphenylamine 122-39-4 1/1/95 *******Dipotassium endothall [7- 2164-07-0 1/1/95
Oxabicyclo(2.2.1)heptane-2,3- dicarboxylic acid, dipotassium salt]Dipropyl isocinchomeronate 136-45-8 1/1/95 Disodium cyanodithioimidocarbonate 138-93-2 1/1/95
2,4-D isopropyl ester 94-11-1 1/1/95 2,4-Dithiobiuret 541-53-7 1/1/95 Diuron 330-54-1 1/1/95Dodine [Dodecylguanidine monoacetate] 2439-10-3 1/1/95
2,4,-DP 120-36-5 1/1/952,4-D propylene glycol butyl ether 1320-18-9 1/1/95
ester 2,4-D sodium salt 2702-72-9 1/1/95 *******Ethoprop [Phosphorodithioic acid O- 13194-48-4 1/1/95
ethyl S,S-dipropyl ester] *******Ethyl dipropylthiocarbamate [EPTC] 759-94-4 1/1/95
******* Famphur 52-85-7 1/1/95Fenarimol [.alpha.-(2-Chlorophenyl)- 60168-88-9 1/1/95
.alpha.-4-chlorophenyl)-5- pyrimidinemethanol]Fenbutatin oxide (Hexakis(2-methyl-2- 13356-08-6 1/1/95
phenyl-propyl)distannoxane)Fenoxaprop ethyl [2-(4-((6-Chloro-2- 66441-23-4 1/1/95
benzoxazolylen)oxy)phenoxy)propanoic acid,ethyl ester] Fenoxycarb [2-(4- 72490-01-8 1/1/95 Phenoxyphenoxy)ethyl]carbamic acid ethyl ester]Fenpropathrin [2,2,3,3- 39515-41-8 1/1/95
Tetramethylcyclopropane carboxylic acid cyano(3-phenoxy-phenyl)methyl ester] Fenthion [O,O-Dimethyl O-[3-methyl-4- 55-38-9 1/1/95 (methylthio)phenyl]ester, phosphorothioic acid]Fenvalerate [4-Chloro-alpha-(1- 51630-58-1 1/1/95
methylethyl)benzeneacetic acid cyano(3-phenoxyphenyl)methyl ester]Ferbam [Tris(dimethylcarbamo- 14484-64-1 1/1/95
dithioato-S,S')iron]Fluazifop-butyl [2-[4-[[5- 69806-50-4 1/1/95
(Trifluoromethyl)-2-pyridinyl]oxy]- phenoxy]propanoic acid, butyl ester] Fluorine 7782-41-4 1/1/95 Fluorouracil (5-Fluorouracil) 51-21-8 1/1/95Fluvalinate [N-[2-Chloro-4- 69409-94-5 1/1/95
(trifluoromethyl)phenyl]-DL- valine(+)-cyano (3- phenoxyphenyl)methyl ester] Folpet 133-07-3 1/1/95Fomesafen [5-(2-Chloro-4- 72178-02-0 1/1/95
(trifluoromethyl)phenoxy)-N- methylsulfonyl)-2-nitrobenzamide] *******alpha-Hexachlorocyclohexane 319-84-6 1/1/95
******* n-Hexane 110-54-3 1/1/95 Hexazinone 51235-04-2 1/1/95Hydramethylnon [Tetrahydro-5,5- 67485-29-4 1/1/95
dimethyl-2(1H)-pyrimidinone[3-[4- (trifluoromethyl)phenyl]-1-[2-[4- (trifluoromethyl)phenyl]ethenyl]-2- propenylidene]hydrazone] *******Imazalil [1-[2-(2,4-Dichlorophenyl)-2- 35554-44-0 1/1/95
(2-propenyloxy)ethyl]-1H-imidazole]3-Iodo-2-propynyl butylcarbamate 55406-53-6 1/1/95
Iron pentacarbonyl 13463-40-6 1/1/95 ******* Isodrin 465-73-6 1/1/95Isofenphos [2-[[Ethoxyl[(1- 25311-71-1 1/1/95
methylethyl)amino]phosphinothioyl]ox y]benzoic acid 1-methylethyl ester] *******Lactofen [5-(2-Chloro-4- 77501-63-4 1/1/95
(trifluoromethyl)phenoxy)-2-nitro-2- ethoxy-1- methyl-2-oxoethyl ester] ******* Linuron 330-55-2 1/1/95 Lithium carbonate 554-13-2 1/1/95 Malathion 121-75-5 1/1/95 ******* Mecoprop 93-65-2 1/1/952-Mercaptobenzothiazole (MBT) 149-30-4 1/1/95
******* Merphos 150-50-5 1/1/95Metham sodium (Sodium 137-42-8 1/1/95
methyldithiocarbamate) *******Methazole [2-(3,4-Dichlorophenyl)-4- 20354-26-1 1/1/95
methyl-1,2,4-oxadiazolidine-3,5- dione] Methiocarb 2032-65-7 1/1/95 Methoxone (4-Chloro-2-methylphenoxy) 94-74-6 1/1/95 acetic acid (MCPA))Methoxone-sodium salt ((4-chloro-2- 3653-48-3 1/1/95
methylphenoxy) acetate sodium salt) *******Methyl isothiocyanate 556-61-6 1/1/95
[Isothiocyanatomethane] 2-Methyllactonitrile 75-86-5 1/1/95 *******N-Methylolacrylamide 924-42-5 1/1/95
Methyl parathion 298-00-0 1/1/95N-Methyl-2-pyrrolidone 872-50-4 1/1/95
Methyltrichlorosilane 75-79-6 1/1/95 Metiram 9006-42-2 1/1/95 Metribuzin 21087-64-5 1/1/95 Mevinphos 7786-34-7 1/1/95 *******Molinate (1H-Azepine-1-carbothioic 2212-67-1 1/1/95
acid, hexahydro-S-ethyl ester) ******* Monuron 150-68-5 1/1/95 *******Myclobutanil [.alpha.-Butyl-.alpha.- 88671-89-0 1/1/95
(4-chlorophenyl)-1H-1,2,4-triazole-1- propanenitrile] Nabam 142-59-6 1/1/95 Naled 300-76-5 1/1/95 *******Nitrapyrin (2-Chloro-6- 1929-82-4 1/1/95
(trichloromethyl) pyridine) ******* p-Nitroaniline 100-01-6 1/1/95 *******Norflurazon [4-Chloro-5-(methylamino)- 27314-13-2 1/1/95
2-[3-(trifluoromethyl)phenyl]-3(2H)- pyridazinone] *******Oryzalin [4-(Dipropylamino)-3,5- 19044-88-3 1/1/95
dinitrobenzenesulfonamide] *******Oxydemeton methyl [S-(2- 301-12-2 1/1/95
(ethylsulfinyl)ethyl) o,o-dimethyl ester phosphorothioic acid]Oxydiazon [3-[2,4-Dichloro-5-(1- 19666-30-9 1/1/95
methylethoxy)phenyl]-5-(1,1- dimethylethyl)-1,3,4-oxadiazol-2(3H)- one] Oxyfluorfen 42874-03-3 1/1/95 Ozone 10028-15-6 1/1/95 Paraquat dichloride 1910-42-5 1/1/95 *******Pebulate [Butylethylcarbamothioic 1114-71-2 1/1/95
acid S-propyl ester]Pendimethalin [N-(1-Ethylpropyl)-3,4- 40487-42-1 1/1/95
dimethyl-2,6-dinitrobenzenamine] ******* Pentobarbital sodium 57-33-0 1/1/95 *******Perchloromethyl mercaptan 594-42-3 1/1/95 Permethrin [3-(2,2-Dichloroethenyl)- 52645-53-1 1/1/95
2,2-dimethylcyclopropanecarboxylic acid, (3-phenoxyphenyl)methyl ester] Phenanthrene 85-01-8 1/1/95 *******Phenothrin [2,2-Dimethyl-3-(2-methyl- 26002-80-2 1/1/95
1-propenyl)cyclopropanecarboxylic acid (3-phenoxyphenyl)methyl ester] 1,2-Phenylenediamine 95-54-5 1/1/951,3-Phenylenediamine 108-45-2 1/1/95 1,2-Phenylenediamine dihydrochloride 615-28-1 1/1/95 1,4-Phenylenediamine dihydrochloride 624-18-0 1/1/95
******* Phenytoin 57-41-0 1/1/95 ******* Phosphine 7803-51-2 1/1/95 ******* Picloram 1918-02-1 1/1/95 ******* Piperonyl butoxide 51-03-6 1/1/95Pirimiphos methyl [O-(2- 29232-93-7 1/1/95
(Diethylamino)-6-methyl-4- pyrimidinyl)-O,O- dimethylphosphorothioate] ******* Potassium bromate 7758-01-2 1/1/95Potassium dimethyldithiocarbamate 128-03-0 1/1/95 Potassium N-methyldithiocarbamate 137-41-7 1/1/95 Profenofos [O-(4-Bromo-2- 41198-08-7 1/1/95
chlorophenyl)-O-ethyl-S-propyl phosphorothioate]Prometryn [N,N'-Bis(1-methylethyl)-6- 7287-19-6 1/1/95
methylthio-1,3,5-triazine-2,4- diamine]Propachlor [2-Chloro-N-(1- 1918-16-7 1/1/95
methylethyl)-N-phenylacetamide] ******* Propanil [N-(3,4- 709-98-8 1/1/95 Dichlorophenyl)propanamide] Propargite 2312-35-8 1/1/95 Propargyl alcohol 107-19-7 1/1/95 Propetamphos [3- 31218-83-4 1/1/95 [[(Ethylamino)methoxyphosphinothioyl ]oxy]-2-butenoic acid, 1-methylethyl ester]Propiconazole [1-[2-(2,4- 60207-90-1 1/1/95
Dichlorophenyl)-4-propyl-1,3- dioxolan-2-yl]- methyl-1H-1,2,4,- triazole] *******Quizalofop-ethyl [2-[4-[(6-Chloro-2- 76578-14-8 1/1/95
quinoxalinyl)oxy]phenoxy]propanoic acid ethyl ester]Resmethrin [[5-(Phenylmethyl)-3- 10453-86-8 1/1/95
furanyl]methyl 2,2-dimethyl-3-(2- methyl-1- propenyl)cyclopropanecarboxylate]] *******Sethoxydim [2-[1-(Ethoxyimino)butyl]- 74051-80-2 1/1/95
5-[2-(ethylthio)propyl]-3-hydroxy-2- cyclohexen-1-one] ******* Simazine 122-34-9 1/1/95 Sodium azide 26628-22-8 1/1/95Sodium dicamba [3,6-Dichloro-2- 1982-69-0 1/1/95
methoxybenzoic acid, sodium salt]Sodium dimethyldithiocarbamate 128-04-1 1/1/95
Sodium fluoroacetate 62-74-8 1/1/95 Sodium nitrite 7632-00-0 1/1/95 Sodium pentachlorophenate 131-52-2Sodium o-phenylphenoxide 132-27-4 1/1/95
*******Sulfuryl fluoride [Vikane] 2699-79-8 1/1/95 Sulprofos [O-Ethyl O-[4- 35400-43-2 1/1/95
(methylthio)phenyl]phosphorodithioic acid S-propyl ester]Tebuthiuron [N-[5-(1,1-Dimethylethyl)- 34014-18-1 1/1/95
1,3,4-thiadiazol-2-yl)-N,N'- dimethylurea] Temephos 3383-96-8 1/1/95Terbacil [5-Chloro-3-(1,1- 5902-51-2 1/1/95
dimethylethyl)-6-methyl-2,4(1H,3H)- pyrimidinedione] *******1,1,1,2-Tetrachloro-2-fluoroethane 354-11-0 1/1/95
(HCFC-121a)1,1,2,2-Tetrachloro-1-fluoroethane 354-14-3 1/1/95
(HCFC-121) ******* Tetracycline hydrochloride 64-75-5 1/1/95Tetramethrin [2,2-Dimethyl-3-(2- 7696-12-0 1/1/95
methyl-1- propenyl)cyclopropanecarboxylic acid (1,3,4,5,6,7-hexahydro-1,3-dioxo-2H- isoindol-2-yl)methyl ester] *******Thiabendazole [2-(4-Thiazolyl)-1H- 148-79-8 1/1/95
benzimidazole] *******Thiobencarb [Carbamic acid, 28249-77-6 1/1/95
diethylthio-, s-(p-chlorobenzyl)] ******* Thiodicarb 59669-26-0 1/1/95Thiophanate ethyl [[1,2- 23564-06-9 1/1/95
Phenylenebis(iminocarbonothioyl)]bis carbamic acid diethyl ester] Thiophanate-methyl 23564-05-8 1/1/95 Thiosemicarbazide 79-19-6 1/1/95 *******Triadimefon [1-(4-Chlorophenoxy)-3,3- 43121-43-3 1/1/95
dimethyl-1-(1H-1,2,4-triazol-1-yl)-2- butanone] Triallate 2303-17-5 1/1/95 *******Tribenuron methyl [2-(((((4-Methoxy-6- 101200-48-0 1/1/95
methyl-1,3,5-triazin-2-yl)- methylamino)carbonyl)amino)sulfonyl)- , methyl ester]Tributyltin fluoride 1983-10-4 1/1/95 Tributyltin methacrylate 2155-70-6 1/1/95
S,S,S-Tributyltrithiophosphate (DEF) 78-48-8 1/1/95 ******* Trichloroacetyl chloride 76-02-8 1/1/95 ******* 1,2,3-Trichloropropane 96-18-4 1/1/95Triclopyr, triethylammonium salt 57213-69-1 1/1/95
Triethylamine 121-44-8 1/1/95Triforine [N,N'-[1,4-Piperazinediyl- 26644-46-2 1/1/95
bis(2,2,2-trichloroethylidene)] bisformamide] ******* Trimethylchlorosilane 75-77-4 1/1/952,3,5-Trimethylphenyl methylcarbamate 2655-15-4 1/1/95 Triphenyltin chloride 639-58-7 1/1/95
Triphenyltin hydroxide 76-87-9 1/1/95 *******Vinclozolin [3-(3,5-Dichlorophenyl)-5- 50471-44-8 1/1/95
ethenyl-5-methyl-2,4- oxazolidinedione] *******
(b) * * *
Effective CAS No. Chemical Name Date
******* 51-03-6 Piperonyl butoxide 1/1/9551-21-8 Fluorouracil (5-Fluorouracil) 1/1/95
*******52-51-7 2-Bromo-2-nitropropane-1,3-diol 1/1/95
(Bronopol) ******* 52-85-7 Famphur 1/1/95 *******55-38-9 Fenthion [O,O-Dimethyl O-[3-methyl-4- 1/1/95
(methylthio)phenyl] ester, phosphorothioic acid] ******* 56-35-9 Bis(tributyltin) oxide 1/1/95 ******* 57-33-0 Pentobarbital sodium 1/1/95 57-41-0 Phenytoin 1/1/95 ******* 60-51-5 Dimethoate 1/1/95 ******* 62-74-8 Sodium fluoroacetate 1/1/95 *******64-75-5 Tetracycline hydrochloride 1/1/95
******* 68-12-2 N,N-Dimethylformamide 1/1/95 *******75-43-4 Dichlorofluoromethane (HCFC-21) 1/1/95
*******75-72-9 Chlorotrifluoromethane (CFC-13) 1/1/95
75-77-4 Trimethylchlorosilane 1/1/95 75-78-5 Dimethyldichlorosilane 1/1/95 75-79-6 Methyltrichlorosilane 1/1/95 75-86-5 2-Methyllactonitrile 1/1/9575-88-7 2-Chloro-1,1,1-trifluoroethane (HCFC- 1/1/95
133a) 76-02-8 Trichloroacetyl chloride 1/1/95 76-06-2 Chloropicrin 1/1/95 ******* 76-87-9 Triphenyltin hydroxide 1/1/95 ******* 77-73-6 Dicyclopentadiene 1/1/95 *******78-48-8 S,S,S-Tributyltrithiophosphate (DEF) 1/1/95
******* 79-19-6 Thiosemicarbazide 1/1/95 ******* 85-01-8 Phenanthrene 1/1/95 *******88-85-7 Dinitrobutyl phenol (Dinoseb) 1/1/95
******* 93-65-2 Mecoprop 1/1/95 94-11-1 2,4-D isopropyl ester 1/1/95 *******94-74-6 Methoxone (4-Chloro-2-methylphenoxy) 1/1/95
acetic acid (MCPA) ******* 94-80-4 2,4-D butyl ester 1/1/95 94-82-6 2,4-DB 1/1/95 ******* 95-54-5 1,2-Phenylenediamine 1/1/95 ******* 95-69-2 p-Chloro-o-toluidine 1/1/95 ******* 96-18-4 1,2,3-Trichloropropane 1/1/95 *******97-23-4 Dichlorophene [ 2,2'-Methylene-bis(4- 1/1/95
chlorophenol)] *******99-30-9 Dichloran [2,6-Dichloro-4- 1/1/95
nitroaniline] ******* 100-01-6 p-Nitroaniline 1/1/95 *******101-05-3 Anilazine [4,6-dichloro-N-(2- 1/1/95
chlorophenyl)-1,3,5-triazin-2-amine] *******101-90-6 Diglycidyl resorcinol ether 1/1/95
*******104-12-1 p-Chlorophenyl isocyanate 1/1/95
******* 106-47-8 p-Chloroaniline 1/1/95 ******* 107-11-9 Allylamine 1/1/95 ******* 107-19-7 Propargyl alcohol 1/1/95 ******* 108-45-2 1,3-Phenylenediamine 1/1/95 ******* 108-93-0 Cyclohexanol 1/1/95 ******* 110-54-3 n-Hexane 1/1/95110-57-6 trans-1,4-Dichloro-2-butene 1/1/95
******* 115-28-6 Chlorendic acid 1/1/95 ******* 116-06-3 Aldicarb 1/1/95 ******* 120-36-5 2,4-DP 1/1/95 ******* 121-44-8 Triethylamine 1/1/95 ******* 121-75-5 Malathion 1/1/95 122-34-9 Simazine 1/1/95 122-39-4 Diphenylamine 1/1/95 ******* 124-40-3 Dimethylamine 1/1/95 *******128-03-0 Potassium dimethyldithiocarbamate 1/1/95 128-04-1 Sodium dimethyldithiocarbamate 1/1/95
*******131-52-2 Sodium pentachlorophenate 1/1/95
132-27-4 Sodium o-phenylphenoxide 1/1/95 ******* 133-07-3 Folpet 1/1/95 *******136-45-8 Dipropyl isocinchomeronate 1/1/95 137-41-7 Potassium n-methyldithiocarbamate 1/1/95
137-42-8 Metham Sodium 1/1/95138-93-2 Disodium cyanodithioimidocarbonate 1/1/95
******* 142-59-6 Nabam 1/1/95148-79-8 Thiabendazole [2-(4-Thiazolyl)-1H- 1/1/95
benzimidazole] 149-30-4 2-Mercaptobenzothiazole 1/1/95 150-50-5 Merphos 1/1/95 150-68-5 Monuron 1/1/95 ******* 298-00-0 Methyl parathion 1/1/95 300-76-5 Naled 1/1/95 301-12-2 Oxydemeton methyl [s-(2- 1/1/95 (Ethylsulfinyl)ethyl)o,o-dimethyl ester phosphorothioic acid] *******314-40-9 Bromacil (5-Bromo-6-methyl-3-(1- 1/1/95
methylpropyl)-2,4-(1H,3H)- pyrimidinedione)319-84-6 alpha-Hexachlorocyclohexane 1/1/95
330-54-1 Diuron 1/1/95 330-55-2 Linuron 1/1/95 333-41-5 Diazinon 1/1/95 *******354-11-0 1,1,1,2-Tetrachloro-2-fluoroethane 1/1/95
(HCFC-121a)354-14-3 1,1,2,2-Tetrachloro-1-fluoroethane 1/1/95
(HCFC-121) 357-57-3 Brucine 1/1/95 422-44-6 1,2-dichloro-1,1,2,3,3- 1/1/95 pentafluoropropane (HCFC-225bb) 422-48-0 2,3-dichloro-1,1,1,2,3- 1/1/95 pentafluoropropane (HCFC-225ba) 422-56-0 3,3-dichloro-1,1,1,2,2- 1/1/95 pentafluoropropane (HCFC-225ca) 431-86-7 1,2-dichloro-1,1,3,3,3- 1/1/95 pentafluoropropane (HCFC-225da)460-35-5 3-chloro-1,1,1-trifluoropropane (HCFC- 1/1/95
253fb) ******* 465-73-6 Isodrin 1/1/95 ******* 507-55-1 1,3-dichloro-1,1,2,2,3- 1/1/95 pentafluoropropane (HCFC-225cb) *******533-74-4 Dazomet (Tetrahydro-3,5-dimethyl-2H- 1/1/95
1,3,5-thiadiazine-2-thione) ******* 541-53-7 2,4-Dithiobiuret 1/1/95 ******* 542-76-7 3-Chloropropionitrile 1/1/95 ******* 554-13-2 Lithium carbonate 1/1/95 556-61-6 Methyl isothiocyanate 1/1/95 [Isothiocyanatomethane]563-47-3 3-Chloro-2-methyl-1-propene 1/1/95
******* 576-26-1 2,6-Dimethylphenol 1/1/95 *******594-42-3 Perchloromethyl mercaptan 1/1/95
******* 612-82-8 3,3'-Dimethylbenzidine 1/1/95 dihydrochloride (o-Tolidine dihydrochloride) 612-83-9 3,3'-Dichlorobenzidine 1/1/95 dihydrochloride *******615-28-1 1,2-Phenylenediamine dihydrochloride 1/1/95
*******624-18-0 1,4-Phenylenediamine dihydrochloride 1/1/95
******* 639-58-7 Triphenyltin chloride 1/1/95 ******* 709-98-8 Propanil [N-(3,4- 1/1/95 Dichlorophenyl)propanamide] *******759-94-4 Ethyl dipropylthiocarbamate (EPTC) 1/1/95 834-12-8 Ametryn (N-Ethyl-N'-(1-methylethyl)-6- 1/1/95
(methylthio)-1,3,5,-triazine-2,4- diamine) 872-50-4 N-Methyl-2-pyrrolidone 1/1/95 ******* 924-42-5 N-Methylolacrylamide 1/1/95 957-51-7 Diphenamid 1/1/95 *******1114-71-2 Pebulate [Butylethylcarbamo-thioic 1/1/95
acid S-propyl ester] ******* 1134-23-2 Cycloate 1/1/95 *******1320-18-9 2,4-D propylene glycol butyl ether 1/1/95
ester ******* 1563-66-2 Carbofuran 1/1/951649-08-7 1,2-dichloro-1,1-difluoroethane (HCFC- 1/1/95
132b)1689-84-5 Bromoxynil (3,5-Dibromo-4- 1/1/95
hydroxybenzonitrile)1689-99-2 Bromoxynil octanoate (Octanoic acid, 1/1/95
2,6-dibromo-4-cyanophenyl ester) *******1861-40-1 Benfluralin(N-Butyl-N-ethyl-2,6- 1/1/95
dinitro-4- (trifluoromethyl)benzenamine) ******* 1910-42-5 Paraquat dichloride 1/1/951912-24-9 Atrazine (6-Chloro-N-ethyl-N'-(1- 1/1/95
methylethyl)-1,3,5,-triazine-2,4- diamine) 1918-00-9 Dicamba (3,6-Dichloro-2- 1/1/95 methyoxybenzoic acid) 1918-02-1 Picloram 1/1/951918-16-7 Propachlor [2-Chloro-N-(1- 1/1/95
methylethyl)-N-phenylacetamide] 1928-43-4 2,4-D 2-ethylhexyl ester 1/1/95 1929-73-3 2,4-D butoxyethyl ester 1/1/95 1929-82-4 Nitrapyrin (2-Chloro-6- 1/1/95 (trichloromethyl)pyridine) *******1982-69-0 Sodium dicamba [3,6-Dichloro-2- 1/1/95
methoxybenzoic acid, sodium salt] 1983-10-4 Tributyltin fluoride 1/1/95 2032-65-7 Methiocarb 1/1/95 2155-70-6 Tributyltin methacrylate 1/1/952164-07-0 Dipotassium endothall [7- 1/1/95
Oxabicyclo(2.2.1)heptane-2,3- dicarboxylic acid, dipotassium salt] *******2212-67-1 Molinate (1H-Azepine-1-carbothioic 1/1/95
acid, hexahydro-S-ethyl ester) ******* 2300-66-5 Dimethylamine dicamba 1/1/95 ******* 2303-17-5 Triallate 1/1/95 2312-35-8 Propargite 1/1/952439-01-2 Chinomethionat [6-Methyl-1,3- 1/1/95
dithiolo[4,5-b]quinoxalin-2-one]2439-10-3 Dodine [Dodecylguanidine monoacetate] 1/1/95 2524-03-0 Dimethyl chlorothiophosphate 1/1/95
*******2655-15-4 2,3,5-Trimethylphenyl methylcarbamate 1/1/95 2699-79-8 Sulfuryl Fluoride [Vikane] 1/1/95
2702-72-9 2,4-D sodium salt 1/1/95 ******* 2971-38-2 2,4-D chlorocrotyl ester 1/1/95 ******* 3383-96-8 Temephos 1/1/953653-48-3 Methoxone - sodium salt (4-Chloro-2- 1/1/95
methylphenoxy acetate sodium salt) *******4080-31-3 1-(3-Chloroallyl)-3,5,7-triaza-1- 1/1/95
azoniaadamantane chloride 4170-30-3 Crotonaldehyde 1/1/95 *******5234-68-4 Carboxin (5,6-Dihydro-2-methyl-N- 1/1/95
phenyl-1,4-oxathiin-3-carboxamide)5598-13-0 Chlorpyrifos methyl [O,O-dimethyl-O- 1/1/95
(3,5,6-trichloro-2- pyridyl)phosphorothioate]5902-51-2 Terbacil [5-Chloro-3-(1,1- 1/1/95
dimethylethyl)-6-methyl-2,4-(1H,3H)- pyrimidinedione] 6459-94-5 C.I. Acid Red 114 1/1/95 *******7287-19-6 Prometryn [N,N'-Bis(1-methylethyl)-6- 1/1/95
methylthio-1,3,5-triazine-2,4- diamine] ******* 7632-00-0 Sodium nitrite 1/1/95 7637-07-2 Boron trifluoride 1/1/95 *******7696-12-0 Tetramethrin [2,2-Dimethyl-3-(2- 1/1/95
methyl-1-propenyl)cyclopropane- carboxylic acid (1,3,4,5,6,7- hexahydro-1,3-dioxo-2H-isoindol-2- yl)methyl ester] ******* 7726-95-6 Bromine 1/1/95 7758-01-2 Potassium bromate 1/1/95 7782-41-4 Fluorine 1/1/95 ******* 7786-34-7 Mevinphos 1/1/95 7803-51-2 Phosphine 1/1/95 ******* 9006-42-2 Metiram 1/1/95 10028-15-6 Ozone 1/1/95 *******10061-02-6 trans-1,3-Dichloropropene 1/1/95 10222-01-2 2,2-Dibromo-3-nitrilopropionamide 1/1/95
10294-34-5 Boron trichloride 1/1/9510453-86-8 Resmethrin [[5-(Phenylmethyl)-3- 1/1/95
furanyl]methyl 2,2-dimethyl-3-(2- methyl-1- propenyl)cyclopropanecarboxylate]] *******13194-48-4 Ethoprop [Phosphorodithioic acid O- 1/1/95
ethyl S,S-dipropyl ester]13356-08-6 Fenbutatin oxide (hexakis(2-methyl-2- 1/1/95
phenylpropyl)distannoxane) 13463-40-6 Iron pentacarbonyl 1/1/95 13474-88-9 1,1-Dichloro-1,2,2,3,3- 1/1/95 pentafluoropropane (HCFC-225cc) 13684-56-5 Desmedipham 1/1/9514484-64-1 Ferbam [Tris(dimethylcarbamo- 1/1/95
dithioato-S,S')iron] 15972-60-8 Alachlor 1/1/95 ******* 17804-35-2 Benomyl 1/1/9519044-88-3 Oryzalin [4-(Dipropylamino)-3,5- 1/1/95
dinitrobenzene-sulfonamide]19666-30-9 Oxydiazon [3-[2,4-Dichloro-5-(1- 1/1/95
methylethoxy)phenyl]-5-(1,1- dimethylethyl)-1,3,4-oxadiazol-2(3H)- one] 20325-40-0 3,3'-Dimethoxybenzidine 1/1/95 dihydrochloride (Dianisidine dihydrochloride)20354-26-1 Methazole [2-(3,4-Dichlorophenyl)-4- 1/1/95
methyl-1,2,4-oxadiazolidine-3,5- dione] ******* 20859-73-8 Aluminum phosphide 1/1/95 21087-64-5 Metribuzin 1/1/95 21725-46-2 Cyanazine 1/1/9522781-23-3 Bendiocarb [2,2-Dimethyl-1,3- 1/1/95
benzodioxol-4-ol methylcarbamate] 23564-05-8 Thiophanate methyl 1/1/95 23564-06-9 Thiophanate ethyl [[1,2- 1/1/95 Phenylenebis(iminocarbonothioyl)]bis carbamic acid diethyl ester]25311-71-1 Isofenphos [2-[[Ethoxyl[(1- 1/1/95
methylethyl)amino]phosphinothioyl]ox y]benzoic acid 1-methylethyl ester]26002-80-2 Phenothrin [2,2-Dimethyl-3-(2-methyl- 1/1/95
1-propenyl)cyclopropanecarboxylic acid (3-phenoxyphenyl)methyl ester] ******* 26628-22-8 Sodium azide 1/1/95 26644-46-2 Triforine [N,N'-[1,4- 1/1/95 Piperazinediylbis(2,2,2- trichloroethylidene)] bisformamide]27314-13-2 Norflurazon [4-Chloro-5-(methylamino)- 1/1/95
2-[3-(trifluoromethyl)phenyl]- 3(2H)- pyridazinone]28057-48-9 d-trans-Allethrin [d-trans- 1/1/95
Chrysanthemic acid of d-allethrone]28249-77-6 Thiobencarb [Carbamic acid, 1/1/95
diethylthio-, s-(p-chlorobenzyl)] 28407-37-6 C.I. Direct Blue 218 1/1/95 29232-93-7 Pirimiphos methyl [O-(2- 1/1/95 (Diethylamino)-6-methyl-4- pyrimidinyl)-O,O-dimethyl phosphorothioate]30560-19-1 Acephate (Acetylphosphoramidothioic 1/1/95
acid O,S-dimethyl ester) 31218-83-4 Propetamphos [3- 1/1/95 [[(Ethylamino)methoxyphosphino- thioyl]oxy]-2-butenoic acid, 1- methylethyl ester] 33089-61-1 Amitraz 1/1/95 34014-18-1 Terbuthiuron [N-[5-(1,1- 1/1/95 Dimethylethyl)-1,3,4-thiadiazol-2- yl)-N,N'- dimethylurea] ******* 35367-38-5 Diflubenzuron 1/1/95 35400-43-2 Sulprofos [O-Ethyl O-[4- 1/1/95 (methylthio)phenyl]phosphorodithioic acid S-propyl ester]35554-44-0 Imazalil [1-[2-(2,4-Dichlorophenyl)-2- 1/1/95
(2-propenyloxy)ethyl]-1H-imidazole]35691-65-7 1-Bromo-1-(bromomethyl)-1,3- 1/1/95
propanedicarbonitrile 38727-55-8 Diethatyl ethyl 1/1/95 ******* 39300-45-3 Dinocap 1/1/95 39515-41-8 Fenpropathrin [2,2,3,3- 1/1/95 Tetramethylcyclopropane carboxylic acid cyano(3-phenoxyphenyl)methyl ester]40487-42-1 Pendimethalin [N-(1-Ethylpropyl)-3,4- 1/1/95
dimethyl-2,6-dinitrobenzen-amine]41198-08-7 Profenofos [O-(4-Bromo-2- 1/1/95
chlorophenyl)-O-ethyl-S-propyl phosphorothioate] 41766-75-0 3,3'-Dimethylbenzidine 1/1/95 dihydrofluoride (ortho-Tolidine dihydrofluoride) 42874-03-3 Oxyfluorfen 1/1/9543121-43-3 Triadimefon [1-(4-Chlorophenoxy)-3,3- 1/1/95
dimethyl-1-(1H-1,2,4-triazol-1-yl)-2- butanone]50471-44-8 Vinclozolin [3-(3,5-Dichlorophenyl)-5- 1/1/95
ethenyl-5-methyl-2,4- oxazolidinedione] 51235-04-2 Hexazinone 1/1/9551338-27-3 Diclofop methyl [2-[4-(2,4- 1/1/95
Dichlorophenoxy)phenoxy]propanoic acid, methyl ester] 51630-58-1 Fenvalerate 1/1/9552645-53-1 Permethrin [3-(2,2-Dichloroethenyl)- 1/1/95
2,2-dimethylcyclopropanecarboxylic acid, (3-phenoxyphenyl)methyl ester]53404-19-6 Bromacil, lithium salt [2,4-(1H,3H)- 1/1/95
Pyrimidinedione, 5-bromo-6-methyl-3- (1-methylpropyl), lithium salt]53404-37-8 2,4-D 2-ethyl-4-methylpentyl ester 1/1/95 53404-60-7 Dazomet, sodium salt [Tetrahydro-3,5- 1/1/95
dimethyl-2H-1,3,5-thiadiazine-2- thione, ion(1-), sodium]55290-64-7 Dimethipin [2,3,-Dihydro-5,6-dimethyl- 1/1/95
1,4-dithiin 1,1,4,4-tetraoxide]55406-53-6 3-Iodo-2-propynyl butylcarbamate 1/1/95 57213-69-1 Triclopyr, triethylammonium salt 1/1/95
59669-26-0 Thiodicarb 1/1/9560168-88-9 Fenarimol [.alpha.-(2-Chlorophenyl)- 1/1/95
.alpha.-4-chlorophenyl)-5-pyrimidine- methanol]60207-90-1 Propiconazole [1-[2-(2,4- 1/1/95
Dichlorophenyl)-4-propyl-1,3- dioxolan-2-yl]-methyl-1H-1,2,4,- triazole]62476-59-9 Acifluorfen, sodium salt [5-(2-Chloro- 1/1/95
4-(triflouromethyl)phenoxy)-2-nitro- benzoic acid, sodium salt]62924-70-3 Flumetralin [2-Chloro-N-(2,6-dinitro- 1/1/95
4-(trifluoromethyl)-phenyl)-N-ethyl- 6-fluorobenzenemethanamine] *******64902-72-3 Chlorsulfuron [2-chloro-N-[[4-methoxy- 1/1/95
6-methyl-1,3,5-triazin-2-yl)amino] carbonyl]benzenesulfonamide]64969-34-2 3,3'-Dichlorobenzidine.sulfate 1/1/95 66441-23-4 Fenoxaprop ethyl [2-(4-((6-Chloro-2- 1/1/95
benzoxazolylen)oxy)phenoxy) propanoic acid, ethyl ester]67485-29-4 Hydramethylnon [Tetrahydro-5,5- 1/1/95
dimethyl-2(1H)-pyrimidinone[3-[4- (trifluoromethyl)phenyl]-1-[2-[4- (trifluoromethyl)phenyl]ethenyl]-2- propenylidene]hydrazone]68085-85-8 Cyhalothrin [3-(2-Chloro-3,3,3- 1/1/95
trifluoro-1-propenyl)-2,2- dimethylcyclopropanecarboxylic acid cyano(3-phenoxyphenyl)methyl ester]68359-37-5 Cyfluthrin [3-(2,2-Dichloro-ethenyl)- 1/1/95
2,2-dimethylcyclo-propanecarboxylic acid, cyano(4-fluoro-3- phenoxyphenyl)methyl ester]69409-94-5 Fluvalinate [N-[2-Chloro-4- 1/1/95
(trifluoromethyl)phenyl]-DL- valine(+)-cyano(3- phenoxyphenyl)methylester]69806-50-4 Fluazifop-butyl [2-[4-[[5- 1/1/95
(Trifluoromethyl)-2-pyridinyl]oxy]- phenoxy]propanoic acid, butyl ester]71751-41-2 Abamectin [Avermectin B1] 1/1/95 72178-02-0 Fomesafen [5-(2-Chloro-4- 1/1/95
(trifluoromethyl)phenoxy)-N- methylsulfonyl)-2- nitrobenzamide] 72490-01-8 Fenoxycarb [2-(4- 1/1/95 Phenoxyphenoxy)ethyl]carbamic acid ethyl ester]74051-80-2 Sethoxydim [2-[1-(Ethoxyimino)butyl]- 1/1/95
5-[2-(ethylthio)propyl]-3-hydroxy-2- cyclohexen-1-one]76578-14-8 Quizalofop-ethyl [2-[4-[(6-Chloro-2- 1/1/95
quinoxalinyl)oxy]phenoxy] propanoic acid ethyl ester] 77501-63-4 Lactofen [5-(2-Chloro-4- 1/1/95 (trifluoromethyl)phenoxy)-2-nitro-2- ethoxy-1-methyl-2-oxoethyl ester] 82657-04-3 Bifenthrin 1/1/9588671-89-0 Myclobutanil [.alpha.-Butyl-.alpha.- 1/1/95
(4-chlorophenyl)-1H-1,2,4-triazole- 1-propanenitrile] *******90982-32-4 Chlorimuron ethyl [Ethyl-2-[[[(4- 1/1/95
chloro-6-methoxyprimidin-2-yl)- carbonyl]-amino]sulfonyl]benzoate]101200-48-0 Tribenuron methyl [2-(((((4-Methoxy-6- 1/1/95
methyl-1,3,5-triazin-2-yl)- methylamino)carbonyl)amino)sulfonyl)- , methyl ester] 111512-56-2 1,1-dichloro-1,2,3,3,3- 1/1/95 pentafluoropropane (HCFC-225eb)111984-09-9 3,3'-Dimethoxybenzidine hydrochloride 1/1/95
(Dianisidine dihydrochloride)127564-92-5 Dichloropentafluoropropane 1/1/95
128903-21-9 2,2-Dichloro-1,1,1,3,3- 1/1/95 pentafluoropropane (HCFC-225aa) 136013-79-1 1,3-Dichloro-1,1,2,3,3- 1/1/95 pentafluoropropane (HCFC-225ea)
(c) * * *
Effective Category Name Date
*******Diisocyanates (This category includes only those chemicals
listed below) 1/1/95 038661-72-2 1,3-Bis(methylisocyanate)cyclohexane 010347-54-3 1,4-Bis(methylisocyanate)cyclohexane 002556-36-7 1,4-Cyclohexane diisocyanate 134190-37-7 Diethyldiisocyanatobenzene 004128-73-8 4,4'-Diisocyanatodiphenyl ether 075790-87-3 2,4'-Diisocyanatodiphenyl sulfide000091-93-0 3,3'-Dimethoxybenzidine-4,4'-diisocyanate 000091-97-4 3,3'-Dimethyl-4,4'-diphenylene diisocyanate
000139-25-3 3,3'-Dimethyldiphenylmethane-4,4'- diisocyanate 000822-06-0 Hexamethylene-1,6-diisocyanate 004098-71-0 Isophorone diisocyanate 075790-84-0 4-Methyldiphenylmethane-3,4-diisocyante005124-30-1 1,1-Methylene bis(4-isocyanatocyclohexane)
000101-68-8 Methylenebis(phenylisocyanate) (MDI) 003173-72-6 1,5-Naphthalene diisocyanate 000123-61-5 1,3-Phenylene diisocyanate 000104-49-4 1,4-Phenylene diisocyanate 009016-87-9 Polymeric diphenylmethane diisocyanate016938-22-0 2,2,4-Trimethylhexamethylene diisocyanate 015646-96-5 2,4,4-Trimethylhexamethylene diisocyanate
******* Nicotine and salts 1/1/95Nitrate compounds (water dissociable; reportable only when
in aqueous solution) 1/1/95 *******Polychlorinated alkanes: Includes those chemicals defined
by the following formula: 1/1/95 C<INF>xH<INF>2x-yCl<INF>y where x = 10 to 13; y = 3 to 12; andwhere the average chlorine content ranges from 40-70 with the limiting molecular formulas C<INF>10H<INF>19Cl<INF>3 and
C<INF>13H<INF>16Cl<INF>12. ******* Polycyclic aromatic compounds (PACs): (This category includes only those chemicals listed below) 1/1/95 00056-55-3 Benz(a)anthracene 00218-01-9 Benzo(a)phenanthrene 00050-32-8 Benzo(a)pyrene 00205-99-2 Benzo(b)fluoranthene 00205-82-3 Benzo(j)fluoranthene 00207-08-9 Benzo(k)fluoranthene 00189-55-9 Benzo(rst)pentaphene 00226-36-8 Dibenz(a,h)acridine 00224-42-0 Dibenz(a,j)acridine 00053-70-3 Dibenzo(a,h)anthracene 05385-75-1 Dibenzo(a,e)fluoranthene 00192-65-4 Dibenzo(a,e)pyrene 00189-64-0 Dibenzo(a,h)pyrene 00191-30-0 Dibenzo(a,l)pyrene 00194-59-2 7H-Dibenzo(c,g)carbazole 00057-97-6 7,12-Dimethylbenz(a)anthracene 00193-39-5 Indeno[1,2,3-cd]pyrene 03697-24-3 5-Methylchrysene 05522-43-0 1-Nitropyrene ******* Strychnine and salts 1/1/95 *******
[FR Doc. 94-29376 Filed 11-23-94; 4:03 pm] BILLING CODE 6560-50-F