The U.S. Environmental Protection Agency (EPA) is proposing to de-list phosphoric acid from the list of chemicals to be reported under the Toxic Release Inventory (TRO) program.
On Nov. 9, 1990, The Fertilizer Institute (TFI) filed a petition with EPA to de-list phosphoric acid from the list.
On Jan. 23, 1998, EPA denied TFI's petition. EPA found that phosphoric acid met the criterion under the law that allows it 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, 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 the release 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 health effects on the environment, the court agree with TFI.
In response to the court's decision, EPA is proposing to delete phosphoric acid from the list chemicals reported under the TRI program.
A notice of the proposed de-listing will be available this Wednesday at: www.http: //www.epa.gov/fedrgstr.