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PROPOSED RULE ISSUED TO DE-LIST PHOSPHORIC ACID FROM THE TOXIC RELEASE INVENTORY

Release Date: 12/03/99
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FOR RELEASE: FRIDAY, DEC. 3, 1999

PROPOSED RULE ISSUED TO DE-LIST PHOSPHORIC
ACID FROM THE TOXIC RELEASE INVENTORY


EPA is proposing to de-list phosphoric acid from the list of chemicals to be reported under the Toxic Release Inventory (TRI) program. On Nov. 9, 1990, The Fertilizer Institute (TFI) filed a petition with EPA to delist phosphoric acid from the list of toxic chemicals required to be reported under TRI. On Jan. 23, 1998, EPA denied TFI’s petition, finding that phosphoric acid met the criterion under the law which allows EPA to add or decline to delete a chemical if it can cause or can be anticipated to cause, due to toxicity, a significant adverse effect on the environment. EPA based the denial, among other things, upon phosphoric acid being a phosphate nutrient that can lead to toxic algal blooms and invader plant species when released into certain water bodies. On April 29, 1998, TFI challenged EPA’s denial in court, arguing that phosphoric acid was not toxic and did not meet the environmental effects listing criterion under the law. TFI agreed that releases of phosphoric acid can cause toxic algal blooms but not because of phosphoric acid’s toxicity, but because of its nutrient value. Although phosphoric acid can reasonably be anticipated to cause significant adverse effects on the environment, the court agreed with TFI. In response to the court’s decision, EPA is proposing to delete phosphoric acid from the list chemicals to be reported under the TRI program. A notice of the proposed de-listing will appear in the Federal Register on or about Dec. 8 and will be available at: http://www.epa.gov/fedrgstr.


R-145 ###