EPA Denies TSCA Section 21 Petition On Use Of Hydrofluoric Acid At Oil Refineries

“On November 12, 2019, EPA proposed to deny a petition submitted under TSCA Section 21 seeking to prohibit the use of hydrofluoric acid in manufacturing processes at oil refineries. 84 Fed. Reg. 60986. Public Employees for Environmental Responsibility (PEER) petitioned EPA under TSCA Section 21 to prohibit the use of hydrofluoric acid in manufacturing processes at oil refineries under TSCA Section 6(a) and under the Administrative Procedure Act (APA) to take the same action pursuant to Section 112 of the Clean Air Act (CAA). PEER claims that a prohibition on use of hydrofluoric acid at refineries is warranted because there are safer alternatives that can be readily substituted. According to EPA, the petition offers “minimal information about these alternatives.” Hydrofluoric acid is a solution of hydrogen fluoride in water and a precursor to fluorine compounds. In oil refineries, hydrofluoric acid is used as a catalyst in a process called alkylation. Due to its hazard properties, hydrofluoric acid is regulated by the federal government under several authorities, including related to preparation for emergency response to accidental and other non-routine releases. EPA denied the petition based on the petition’s lack of sufficient facts establishing that it is necessary for the Agency to issue a rule under TSCA Section 6(a). EPA notes that the Federal Register notice specifically addresses only the TSCA Section 21 petition, not the petition submitted under the APA. More information is available in our November 13, 2019, blog item.”

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