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Perfluoroalkyl Sulfonates. April
5, 2002. Federal Register.
Proposed rule; extension of comment period.
http://www.epa.gov/EPA-TOX/2002/April/Day-05/t8259.htm
[Federal Register: April 5, 2002 (Volume 67, Number 66)]
[Proposed Rules]
[Page 16345-16347]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap02-24]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[OPPT-2002-0010; FRL-6833-6]
RIN 2070-AD43
Perfluoroalkyl Sulfonates, Proposed Significant New Use Rule;
Extension of Comment Period
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; extension of comment period.
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SUMMARY: EPA is extending the existing comment period for the proposed
significant new use rule (SNUR) on perfluoroalkyl sulfonates published
on March 11, 2002, in the Federal Register. In response to a request
from the International Imaging Industry Association, the comment period
is being extended by 90 days, until July 9, 2002. The comment period
was scheduled to close on April 10, 2002. The proposed SNUR under
section 5(a)(2) of the Toxic Substances Control Act (TSCA) applies to
the following chemical substances: Perfluorooctanesulfonic acid (PFOSH)
and certain of its salts (PFOSS); perfluorooctanesulfonyl fluoride
(POSF), certain higher and lower homologues of PFOSH and POSF; and
certain other chemical substances, including polymers, that are derived
from PFOSH and its homologues. These chemical substances are referred
to collectively in the proposed rule as perfluoroalkyl sulfonates, or
PFAS. The proposed rule would require manufacturers and importers to
notify EPA at least 90 days before commencing the manufacture or import
of these chemical substances for the significant new uses described in
this document. EPA believes that this action is necessary because the
chemical substances included in that proposed rule may be hazardous to
human health and the environment. The required notification would
provide EPA with the opportunity to evaluate an intended new use and
associated activities and, if necessary, to prohibit or limit that
activity before it occurs.
DATES: Comments, identified by docket control number OPPTS-50639C, must
be received on or before July 9, 2002.
ADDRESSES: Comments may be submitted by mail, electronically, or in
person. Please follow the detailed instructions for each method as
provided in Unit III. of the SUPPLEMENTARY INFORMATION. To ensure
proper receipt by EPA, it is imperative that you identify docket
control number OPPTS-50639C in the subject line on the first page of
your response.
FOR FURTHER INFORMATION CONTACT: For general information contact:
Barbara Cunningham, Acting Director, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone number: (202) 554-1404; e-mail address: TSCA-Hotline@epa.gov.
For technical information contact: Mary Dominiak, Chemical Control
Division (7405M), Office of Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (202) 564-8104; e-mail address:
dominiak.mary@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this Action Apply to Me?
You may be affected by this action if you manufacture (defined by
statute to include import) any of the chemical substances that are
listed in Table 2 of the proposed rule. Persons who intend to import
any chemical substance governed by a final SNUR are subject to the TSCA
section 13 (15 U.S.C. 2612) import certification requirements, and to
the regulations codified at 19 CFR 12.118 through 12.127 and 12.728.
[[Page 16346]]
Those persons must certify that they are in compliance with the SNUR
requirements. The EPA policy in support of import certification appears
at 40 CFR part 707, subpart B. In addition, any persons who export or
intend to export any of the chemical substances listed in Table 2 of
the proposed rule are subject to the export notification provisions of
TSCA section 12(b) (15 U.S.C. 2611(b)), and must comply with the export
notification requirements in 40 CFR 721.20 and 40 CFR part 707, subpart
D. Entities potentially affected by the SNUR requirements in the
proposed rule may include, but are not limited to:
------------------------------------------------------------------------
Examples of
Categories NAICS codes potentially
affected entities
------------------------------------------------------------------------
Chemical Manufacturers or 325 Persons who
Importers manufacture
(defined by
statute to include
import) one or
more of the
subject chemical
substances
------------------------------------------------------------------------
Chemical Exporters 325 Persons who export,
or intend to
export, one or
more of the
subject chemical
substances
------------------------------------------------------------------------
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in the table in this unit
could also be affected. The North American Industrial Classification
System (NAICS) codes have been provided to assist you and others in
determining whether or not this action applies to certain entities. To
determine if you or your business are affected by this action, you
should carefully examine the applicability provisions at 40 CFR 721.5
for SNUR-related obligations. Note that because the proposed rule would
designate certain manufacturing and importing activities as significant
new uses, persons that solely process the chemical substances that
would be covered by this action would not be subject to the rule. If
you have any questions regarding the applicability of this action to a
particular entity, consult the technical person listed under FOR
FURTHER INFORMATION CONTACT.
II. How Can I Get Additional Information, Including Copies of this
Document or Other Related Documents?
A. Electronically. You may obtain electronic copies of this
document, and certain other related documents that might be available
electronically, from the EPA Internet Home Page at http://www.epa.gov/.
On the Home Page select ``Laws and Regulations,'' ``Regulations and
Proposed Rules,'' and then look up the entry for this document under
the ``Federal Register--Environmental Documents.'' You can also go
directly to the Federal Register listings at http://www.epa.gov/
fedrgstr/. A frequently updated electronic version of 40 CFR part 721
is available at http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_40/
40cfr721_00.html, 
a beta site currently under development.
B. In person. The Agency has established an official record for
this action under docket control number OPPTS-50639C. The official
record consists of the documents specifically referenced in this
action, any public comments received during an applicable comment
period, and other information related to this action, including any
information claimed as Confidential Business Information (CBI). This
official record includes the documents that are physically located in
the docket, as well as the documents that are referenced in those
documents. The public version of the official record does not include
any information claimed as CBI. The public version of the official
record, which includes printed, paper versions of any electronic
comments submitted during an applicable comment period, is available
for inspection in the TSCA Nonconfidential Information Center, North
East Mall Rm. B-607, Waterside Mall, 401 M St., SW., Washington, DC.
The Center is open from noon to 4 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Center is (202)
260-7099.
III. How and to Whom Do I Submit Comments?
As described in Unit I.C. of the proposed rule published in the
Federal Register of March 11, 2002 (67 FR 11014) (FRL-6823-7), you may
submit your comments through the mail, in person, or electronically.
Please follow the instructions that are provided in the proposed rule.
Do not submit any information electronically that you consider to be
CBI. To ensure proper receipt by EPA, be sure to identify docket
control number OPPTS-50639C in the subject line on the first page of
your response.
IV. What Action is EPA taking?
EPA is extending the comment period for the proposed SNUR on PFAS
by 90 days, from April 11, 2002, until July 9, 2002. This proposed rule
would require manufacturers and importers to notify EPA at least 90
days before commencing the manufacture or import of 75 chemical
substances for the significant new uses described in the proposed rule.
This extension was requested by the International Imaging Industry
Association (OPPTS-50639C-C2-001) for the purpose of allowing the
member companies of the Association to develop information that
addresses both progress made by voluntary PFAS replacement activities,
and the specific request made in the proposed rule for comments that
address anticipated exposures and releases that may result from
photographic use of PFAS, including information on handling and
disposal controls that would control, reduce, or eliminate such
exposures and releases. EPA believes that this information would be
valuable to the Agency and the public, and that an extension of time
not to exceed 90 days would be warranted for its provision.
As stated in Unit IV. of the proposed rule, EPA believes that the
intent of TSCA section 5(a)(1)(B) is best served by designating a use
as a significant new use as of the proposal date of the SNUR, rather
than as of the effective date of the final rule. If uses begun after
publication of the proposed SNUR were considered to be ongoing, rather
than new, it would be difficult for EPA to establish SNUR notice
requirements, because any person could defeat the SNUR by initiating
the proposed significant new use before the rule became final, and then
argue that the use was ongoing.
Persons who begin commercial manufacture or import of PFAS for the
significant new uses listed in this proposed SNUR after the proposal
has been published would be subject to the requirements of the SNUR
when and if the rule goes final, and would have to stop that activity
unless it meets the requirements of the final SNUR. Persons who ceased
those activities will have to meet all SNUR notice requirements and
wait until the end of the notice review period, including all
extensions, before engaging in any activities designated as significant
new uses. If, however, persons who begin commercial manufacture or
import of these chemical substances between the proposal and the
effective date of the SNUR meet the conditions of advance compliance as
codified at 40 CFR 721.45(h), those persons will be considered to have
met the final SNUR requirements for those activities.
V. What is the Agency's Authority for Taking this Action?
EPA proposed this SNUR pursuant to its authority under TSCA section
5(a)(2).
[[Page 16347]]
VI. Do Any Regulatory Assessment Requirements Apply to this Action?
No. This action is not a rulemaking, it merely extends the date by
which public comments must be submitted to EPA on a proposed rule that
previously published in the Federal Register. For information about the
applicability of the regulatory assessment requirements to the proposed
rule, please refer to the discussion in Unit VII. of that document (65
FR 11014, 11024).
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals, Hazardous materials, Reporting
and recordkeeping requirements.
Dated: April 1, 2002.
David R. Williams,
Acting Director, Chemical Control Division, Office of Pollution
Prevention and Toxics.
[FR Doc. 02-8259 Filed 4-2-02; 4:29 pm]
BILLING CODE 6560-50-S