DEA research shows that there are currently only two domestic producers of elemental phosphorus. The main material of phosphate rock is white phosphorus. Other forms of phosphorus and other phosphorus chemicals are made from white phosphorus. DEA received sales data for 1998 and 1999 from both producers. Over a two-year period, the two companies had only a few customers. Each client seems to be a large industrial company. Plants also need phosphorus to make them strong and resistant to disease. Phosphorus-rich fertilizers are often made with bone ash as the main ingredient. Bat guano is also rich in phosphorus and is a good fertilizer. As Schedule I chemicals, red phosphorus, white phosphorus and hypophosphorous acid and their salts are subject to CSA chemicals regulations and civil and criminal penalties. Therefore, record-keeping, reporting, and import/export notification requirements apply (as described in 21 CFR Parts 1310 and 1313). Manufacturers, distributors, importers, and exporters of white phosphorus, red phosphorus, and low-phosphorous acid (and their salts) must register with the DEA in accordance with 21 CFR Part 1309.
The DEA did not receive any comments or input from the phosphorus industry in response to this announcement. The DEA received six comments from law enforcement agencies and two comments from federal prosecutors in support of controlling red phosphorus as a listed chemical. The main dietary sources of phosphorus are milk and meat, especially chicken, pork and offal. Seafood is also rich in phosphorus. Other protein-rich foods such as beans, lentils and peas are also good sources. You can get small amounts of phosphorus from whole wheat bread and cereals, nuts, seeds and chocolate. Germination of seeds and nuts increases the bioavailability of the phosphorus they contain. You can also get phosphorus by eating quinoa and amaranth. This notice proposes to add red phosphorus, white phosphorus (also known as yellow phosphorus) and hypophosphorous acid (and its salts) to Schedule I chemicals.
In addition, this notice proposes not to set a threshold for domestic and international transactions. What Brand produced was actually white phosphorus, which is one of the three main allotropes. In this form, phosphorus is so unstable that it must be kept underwater so as not to ignite. It wasn`t until 1845 that an Austrian chemist, Anton von Schrötter, discovered red phosphorus, a more stable allotrope. He obtained his first sample by heating white phosphorus to a temperature of 250 degrees Celsius (482 F). The third main allotrope is black phosphorus, which is even more stable than red phosphorus, but not as useful. To better assess the potential impact of this proposed measure, the DEA conducted an analysis of various data sources related to the production, distribution and use of phosphorus, hypophosphorous acid and hypophosphites. This included an analysis of current chemical manufacturers and marketing inventories (to identify companies that claim to be sources of these chemicals). In addition, safety data sheets (MSDSs) were collected.
Companies that produce safety data sheets for chemicals are likely to manufacture or distribute the chemicals. These final regulations will tentatively establish an exclusion from the definition of regulated business for domestic transactions involving red phosphorus and white phosphorus, which are returns (from customer to manufacturer) in railway cars and isotainers with a capacity of at least 2500 gallons. This definitive regime also introduces a temporary exemption from the obligation to register such an activity. In addition, this definitive regime will provisionally establish an exemption from registration for any person whose activities related to List I chemicals are limited to the distribution of red phosphorus, white phosphorus or hypophosphorous acid (and their salts) to: another site operated by the same company exclusively for internal end-use; or an EPA or a government-approved waste treatment or disposal company for waste disposal. The DEA has determined that these chemicals are used in the illegal production of methamphetamine. The public health consequences of methamphetamine production, trafficking and abuse are known and documented. The NPRM of 25. September 2000 (65 FR 57577) showed how the chemistry and illegal use of these chemicals make them important for methamphetamine production and therefore meet the definition of Schedule I chemicals. As a result, these chemicals are subject to CSA regulatory controls for Schedule I chemicals, including registration, record-keeping, reporting, and import/export requirements under 21 CFR Parts 1309, 1310 and 1313.