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PFAS. March 11, 2002.
Perfluoroalkyl Sulfonates; Significant New Use Rule. FINAL
RULE. Federal Register.
•
Docket control number OPPTS-50639D
See also: Docket control number OPPTS-50639C of March 11, 2002.
[Federal Register: March 11, 2002 (Volume 67, Number 47)]
[Rules and Regulations]
[Page 11007-11013]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11mr02-21]
[[Page 11007]]
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Part III
Environmental Protection Agency
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40 CFR Part 721
Perfluoroalkyl Sulfonates; Significant New Use Rule; Final Rule and
Supplemental Proposed Rule
[[Page 11008]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 721
[OPPTS-50639D; FRL-6823-6]
RIN 2070-AD43
Perfluoroalkyl Sulfonates; Significant New Use Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is issuing a significant new use rule (SNUR) under section
5(a)(2) of the Toxic Substances Control Act (TSCA) for 13 chemicals,
including polymers, that are derived from perfluorooctanesulfonic acid
(PFOSH) and its higher and lower homologues. These chemicals are
collectively referred to as perfluoroalkyl sulfonates, or PFAS. This
rule requires 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 PFAS component of
these chemical substances may be hazardous to human health and the
environment. The required notice will 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. This
action promulgates a portion of the proposed SNUR originally published
in the Federal Register of October 18, 2000. This action also removes
from the SNUR two chemicals that were listed erroneously in that
original proposal. Published elsewhere in today's issue of the Federal
Register is a supplemental proposed rule which addresses the remainder
of the chemicals listed in the original proposed SNUR.
DATES: This final rule is effective on April 10, 2002.
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 F. 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. General Information
A. Does this Action Apply to Me?
You may be potentially 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 this unit. 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.
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
this unit 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. Potentially affected categories and entities may include, but are
not limited to:
Table 1.--Potentially Affected Entities
------------------------------------------------------------------------
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 whether you or your business is affected by this action, you
should carefully examine the applicability provisions in 40 CFR 721.5
for SNUR-related obligations. Also, consult Unit II. Note that because
this rule designates certain manufacturing and importing activities as
significant new uses, persons that solely process existing stocks of
the chemical substances that are 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.
One chemical in Table 2 of this unit is identified by both
premanufacture notice (PMN) and Chemical Abstract Service number (CAS
No.). In the proposed SNUR, only the PMN appeared with the chemical.
Table 2.--Chemical Substances Covered by this Final Rule
------------------------------------------------------------------------
CAS No./PMN CAS Ninth Collective Index Name
------------------------------------------------------------------------
2250-98-8 1-Octanesulfonamide, N,N',N''-
[phosphinylidynetris(oxy-2,1-
ethanediyl)]tris[N-ethyl-
1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
heptadecafluoro-
------------------------------------------------------------------------
30381-98-7 1-Octanesulfonamide, N,N'-
[phosphinicobis(oxy-2,1-
ethanediyl)]bis[N-ethyl-
1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
heptadecafluoro-, ammonium salt
------------------------------------------------------------------------
[[Page 11009]]
57589-85-2 Benzoic acid, 2,3,4,5-tetrachloro-6-
[[[3-
[[(heptadecafluorooctyl)sulfonyl]ox
y]phenyl]amino]carbonyl]-,
monopotassium salt
------------------------------------------------------------------------
61660-12-6 1-Octanesulfonamide, N-ethyl-
1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
heptadecafluoro-N-[3-
(trimethoxysilyl)propyl]-
------------------------------------------------------------------------
67969-69-1 1-Octanesulfonamide, N-ethyl-
1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
heptadecafluoro-N-[2-
(phosphonooxy)ethyl]-, diammonium
salt
------------------------------------------------------------------------
68608-14-0 Sulfonamides, C4-8-alkane,
perfluoro, N-ethyl-N-
(hydroxyethyl), reaction products
with 1,1'-methylenebis[4-
isocyanatobenzene]
------------------------------------------------------------------------
70776-36-2 2-Propenoic acid, 2-methyl-,
octadecyl ester, polymer with 1,1-
dichloroethene, 2-
[[(heptadecafluorooctyl)sulfonyl]me
thylamino]ethyl 2-propenoate, N-
(hydroxymethyl)-2-propenamide, 2-
[methyl[(nonafluorobutyl)sulfonyl]a
mino]ethyl 2-propenoate, 2-
[methyl[(pentadecafluoroheptyl)sulf
onyl]amino]ethyl 2-propenoate, 2-
[methyl[(tridecafluorohexyl)sulfony
l]amino]ethyl 2-propenoate and 2-
[methyl[(undecafluoropentyl)sulfony
l]amino]ethyl 2-propenoate
------------------------------------------------------------------------
127133-66-8 2-Propenoic acid, 2-methyl-,
polymers with Bu methacrylate,
lauryl methacrylate and 2-
[methyl[(perfluoro-C4-8-
alkyl)sulfonyl]amino]ethyl
methacrylate
------------------------------------------------------------------------
148240-78-2 Fatty acids, C18-unsatd., trimers, 2-
[[(heptadecafluorooctyl)sulfonyl]me
thylamino]ethyl esters
------------------------------------------------------------------------
148684-79-1 Sulfonamides, C4-8-alkane,
perfluoro, N-(hydroxyethyl)-N-
methyl, reaction products with 1,6-
diisocyanatohexane homopolymer and
ethylene glycol
------------------------------------------------------------------------
178535-22-3 Sulfonamides, C4-8-alkane,
perfluoro, N-ethyl-N-(hydroxyethyl)-
, polymers with 1,1'-methylenebis[4-
isocyanatobenzene] and
polymethylenepolyphenylene
isocyanate, 2-ethylhexyl esters, Me
Et ketone oxime-blocked
------------------------------------------------------------------------
P-94-2205 Polymethylenepolyphenylene
isocyanate and bis(4-NCO-
phenyl)methane reaction products
with 2-ethyl-1-hexanol, 2-butanone,
oxime, N-ethyl-N-(2- hydroxyethyl)-
1-C4-C8 perfluoroalkanesulfonamide
------------------------------------------------------------------------
P-96-1645 Fatty acids, C18-unsatd., dimers, 2-
306974-63-0....................... [methyl[(perfluoro-C4-8-
alkyl)sulfonyl]amino]ethyl esters
------------------------------------------------------------------------
B. How Can I Get Additional Information, Including Copies of this
Document or Other Related Documents?
1. 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/.
To access this document, 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/.
2. In person. The Agency has established an official record for
this action under docket control number OPPTS-50639D. 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.
II. Background
A. What Action is the Agency Taking?
This rule requires persons to notify EPA at least 90 days before
commencing the manufacture or import of the chemical substances
identified in Table 2, Unit I.A., for the significant new use described
in this document. The chemical substances identified in Table 2, Unit
I.A., are 13 chemical substances, including polymers, that are derived
from PFOSH and its homologues. These chemical substances are
collectively referred to throughout this rule as PFAS. In the original
proposed SNUR, these chemicals had been referred to collectively as
perfluorooctyl sulfonates, or PFOS, but commenters noted that this
generic usage of the term PFOS was inconsistent with the use by the
manufacturer, the Minnesota Mining and Manufacturing Company (3M), of
PFOS to refer only to chemicals with an eight-carbon, or C8, chain
length. Many of the chemicals in the SNUR include a range of carbon
chain lengths, although they all include C8 within the range.
Accordingly, EPA will use the generic term PFAS to refer to any carbon
chain length, including higher and lower homologues as well as C8, and
the term PFOS to represent only those chemical substances which are
predominantly C8.
The significant new use described by this document is: The
manufacture or import for any use of any of the chemicals listed in
Table 2, Unit I.A., on or after January 1, 2001.
The chemical substances subject to this SNUR are listed in Table 2,
Unit I.A. All of these chemical substances have the potential to
degrade to PFOSH in the environment. Information also suggests that
these chemical substances may be converted to PFOSH via incomplete
oxidation during the
[[Page 11010]]
incineration of PFOS-containing materials. Once PFOSH has been released
to the environment, it does not undergo further chemical (hydrolysis),
microbial, or photolytic degradation. PFOS is highly persistent in the
environment and has a strong tendency to bioaccumulate. Studies have
found PFOS in very small quantities in the blood of the general human
population as well as in wildlife, indicating that exposure to the
chemicals is widespread, and recent tests have raised concerns about
their potential developmental, reproductive, and systemic toxicity
(Refs. 1, 2, and 3). These facts, taken together, raise concerns for
long term potential adverse effects in people and wildlife over time if
PFOS should continue to be produced, released, and built up in the
environment.
Based on all information available to EPA, including the comments
filed on the proposed SNUR published in the Federal Register of October
18, 2000 (65 FR 62319) (FRL-6745-5), EPA believes that the chemical
substances listed in Table 2, Unit I.A., were manufactured and imported
in the United States only by 3M (Refs. 4 and 5). 3M committed to phase
out these chemicals voluntarily by discontinuing their manufacture on a
global basis by the end of December 2000, and 3M has confirmed that
these chemicals were discontinued on schedule (Refs. 6 and 7). EPA
believes that any manufacture or import for any use of these specific
PFAS chemicals occurring after 3M's phase-out would thus be new. All
manufactured PFAS has the potential to contribute to the globally
available reservoir of PFAS that has resulted in the detectable levels
of PFOS in the general population and wildlife. Any new manufacture or
import of the PFAS chemicals listed in this rule, particularly for
their historical, high volume uses, would significantly increase the
magnitude and duration of exposure to these chemicals by adding to the
existing burden of PFOS in the environment.
The chemical substances listed in Table 2, Unit I.A., were
principally associated with uses in carpet, fabric, leather, textile,
and paper coatings. None of the comments received on the proposed SNUR
addressed any of these uses or focused on these particular substances.
Although certain initial comments filed on the proposed SNUR sought
blanket exemptions for specific uses of any chemical substances listed
in the proposed SNUR, including the ones covered by this final rule,
subsequent clarifications and additional correspondence submitted to
the docket by the commenters indicated that none of the chemical
substances listed in Table 2, Unit I.A., were or are being manufactured
for, imported, or used in any of the specific uses for which they
sought an exemption.
This action also removes from the original proposed SNUR two
chemicals which were not included in the 3M phaseout plan. These two
chemicals (CAS No. 148240-79-3 and CAS No. 148240-81-7) were listed in
the originally proposed SNUR due to an error by EPA in correlating
information provided by 3M with chemical identity data furnished by the
Chemical Abstract Service. Comments submitted by 3M pointed out this
error. EPA acknowledges that, because these two chemicals were not
included in the 3M phaseout plan, they should not have been included in
the original proposed SNUR. Accordingly, these two chemicals are not
subject to any current proposed or final SNUR, and thus would not be
subject to any corresponding SNUR-related reporting obligations.
Other chemicals originally included in the two tables in the
proposed SNUR are addressed separately in a supplemental proposed SNUR
published elsewhere in today's issue of the Federal Register. This
final rule applies only to the specific chemical substances listed in
Table 2, Unit I.A., on which no comments were received.
B. What is the Agency's Authority for Taking this Action?
Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to
determine that a use of a chemical substance is a ``significant new
use.'' The Agency makes this determination by rule after considering
all relevant factors, including those listed in TSCA section 5(a)(2).
These factors include the volume of a chemical substance's production;
the extent to which a use changes the type, form, magnitude, or
duration of exposure to the substance; and the reasonably anticipated
manner of producing or otherwise managing the substance. Once EPA makes
this determination and promulgates a SNUR, TSCA section 5(a)(1)(B)
requires persons to submit a significant new use notice (SNUN) to EPA
at least 90 days before they manufacture, import, or process the
chemical substance for that significant new use (15 U.S.C. 2604
(a)(1)(B)).
With respect to the chemical substances listed in Table 2, Unit
I.A., all production had ceased on or before December 31, 2000, as
discussed in Unit II.A. Any new manufacture or import for any use
following that date would thus significantly change the volume of
production, which was zero. By adding to the base amount of PFOS
already detected in the environment around the world, any new
manufacture or import for any use of these substances would also change
the magnitude and duration of exposure to PFOS, because PFOS has been
found to be both persistent and bioaccumulative. No comments submitted
on the proposed SNUR suggested that these specific substances might be
produced or managed any differently than they were in the past if they
were to be produced again, particularly for their former uses, leading
to the reasonable inference that any new manufacture or importation of
these substances for any use would present hazard, exposure, and
release concerns similar to those which prompted the promulgation of
this SNUR. Accordingly, pursuant to TSCA section 5(a)(1)(B), EPA
requires persons to submit a SNUN to EPA at least 90 days before they
manufacture or import the chemical substances listed in Table 2 for any
use (15 U.S.C. 2604 (a)(1)(B)).
As noted in the proposed SNUR, 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.
Accordingly, persons who may have begun commercial manufacture or
import of the PFAS chemicals listed in Table 2, Unit I.A., for the
significant new uses listed in this final SNUR after the proposal was
published on October 18, 2000, must stop that activity before the
effective date of this final rule. 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 may have begun 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.
III. References
These references have been placed in the official record that was
established under docket control number OPPTS-
[[Page 11011]]
50639 for this rulemaking as indicated in Unit I.B.2. Reference
documents identified with an Administrative Record number (AR) are
cross-indexed to non-regulatory, publicly accessible information files
maintained in the TSCA Nonconfidential Information Center. Copies of
these documents can be obtained as described in Unit I.B.2.
1. (AR226-0620) Sulfonated Perfluorochemicals in the Environment:
Sources, Dispersion, Fate, and Effects. 3M. St. Paul, MN. March 1,
2000.
2. (AR226-0547) The Science of Organic Fluorochemistry. 3M. St.
Paul, MN. February 5, 1999.
3. (AR226-0548) Perfluorooctane Sulfonate: Current Summary of Human
Sera, Health and Toxicology Data. 3M. St. Paul, MN. January 21, 1999.
4. (AR226-0550) Fluorochemical Use, Distribution, and Release
Overview. 3M. St. Paul, MN. May 26, 1999.
5. Rice, Cody. Domestic Manufacturers or Importers of PFOS
Chemicals Other Than 3M. USEPA/OPPT/EETD. Washington, DC. August 31,
2000.
6. (AR226-0600) Weppner, William A. Phase-out Plan for POSF-Based
Products. 3M. St. Paul, MN. July 7, 2000.
7. (AR226-0997) Santoro, Mike. E-mail to Charles Auer, Production
of PFOS Derivatives. 3M. St. Paul, MN. March 2, 2001.
IV. Regulatory Assessment Requirements
Under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993), the Office of Management and
Budget (OMB) has determined that SNURs are not a ``significant
regulatory action'' subject to review by OMB, because SNURs do not meet
the criteria in section 3(f) of the Executive order.
Based on EPA's experience with past SNURs, State, local, and tribal
governments have not been impacted by these rules, and EPA does not
have any reasons to believe that any State, local, or tribal government
will be impacted by this rule. As such, EPA has determined that this
regulatory action does not impose any enforceable duty, contain any
unfunded mandate, or otherwise have any effect on small governments
subject to the requirements of sections 202, 203, 204, or 205 of the
Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104-4).
This rule does not have tribal implications because it is not
expected to have substantial direct effects on Indian Tribes. This does
not significantly or uniquely affect the communities of Indian tribal
governments, nor does it involve or impose any requirements that affect
Indian Tribes. Accordingly, the requirements of section 3(b) of
Executive Order 13084, entitled Consultation and Coordination with
Indian Tribal Governments (63 FR 276755, May 19, 1998), do not apply to
this rule. Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000), which took effect on January 6, 2001, revokes Executive Order
13084 as of that date. EPA developed this rulemaking, however, during
the period when Executive Order 13084 was in effect; thus, EPA
addressed tribal considerations under Executive Order 13084. For the
same reasons stated for Executive Order 13084, the requirements of
Executive Order 13175 do not apply to this rule either. Nor will this
action have a substantial direct effect on States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999).
This rule is not subject to Executive Order 13211, entitled Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May 22, 2001), because this action
is not expected to affect energy supply, distribution, or use.
In issuing this rule, EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct, as required by
section 3 of Executive Order 12988, entitled Civil Justice Reform (61
FR 4729, February 7, 1996).
EPA has complied with Executive Order 12630, entitled Governmental
Actions and Interference with Constitutionally Protected Property
Rights (53 FR 8859, March 15, 1988), by examining the takings
implications of this rule in accordance with the ``Attorney General's
Supplemental Guidelines for the Evaluation of Risk and Avoidance of
Unanticipated Takings'' issued under the Executive Order.
This action does not involve special considerations of
environmental justice related issues as required by Executive Order
12898, entitled Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations (59 FR 7629, February
16, 1994).
This action is not subject to Executive Order 13045, entitled
Protection of Children from Environmental Health Risks and Safety Risks
(62 FR 19885, April 23, 1997), because this is not an economically
significant regulatory action as defined by Executive Order 12866, and
this action does not address environmental health or safety risks
disproportionately affecting children.
In addition, since this action does not involve any technical
standards, section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15
U.S.C. 272 note), does not apply to this action.
Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.), the Agency hereby certifies that promulgation
of this SNUR will not have a significant adverse economic impact on a
substantial number of small entities. A SNUR applies to any person
(including small or large entities) who intends to engage in any
activity described in the rule as a ``significant new use.'' By
definition of the word ``new,'' and based on all information currently
available to EPA, it appears that no small or large entities currently
engage in such activity. Since a SNUR requires merely that any person
who intends to engage in such activity in the future must first notify
EPA (by submitting a SNUN), no economic impact will even occur until
someone decides to engage in those activities. As a voluntary action,
it is reasonable to presume that this decision would be based on a
determination by the person submitting the SNUN that the potential
benefits would outweigh the costs. Although some small entities may
decide to conduct such activities in the future, EPA cannot presently
determine how many, if any, there may be. EPA's experience to date is
that, in response to the promulgation of over 530 SNURs, the Agency has
received fewer than 15 SNUNs. Of those SNUNs submitted, none appear to
be from small entities. In fact, EPA expects to receive few, if any,
SNUNs from either large or small entities in response to any SNUR.
Therefore, EPA believes that the economic impact of complying with a
SNUR is not expected to be significant or adversely impact a
substantial number of small entities. This rationale has been provided
to the Chief Counsel for Advocacy of the Small Business Administration.
According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., an agency may not conduct or sponsor, and a person is not
required to respond to a collection of information that requires OMB
approval under the
[[Page 11012]]
PRA, unless it has been approved by OMB and displays a currently valid
OMB control number. The OMB control numbers for EPA's regulations,
after initial display in the Federal Register and in addition to its
display on any related collection instrument, are listed in 40 CFR part
9.
The information collection requirements related to this action have
already been approved by OMB pursuant to the PRA under OMB control
number 2070-0038 (EPA ICR No. 1188.06). This action does not impose any
burden requiring additional OMB approval. If an entity were to submit a
SNUN to the Agency, the annual burden is estimated to average between
98.96 and 118.92 hours per response at an estimated reporting cost of
between $5,957 and $7,192 per SNUN. This burden estimate includes the
time needed to review instructions, search existing data sources,
gather and maintain the data needed, and complete, review and submit
the required SNUN, and maintain the required records. This burden
estimate does not include 1 hour of technical time at $64.30 per hour
estimated to be required for customer notification of SNUR
requirements, or the $2,500 user fee for submission of a SNUN ($100 for
businesses with less than $40 million in annual sales).
Send any comments about the accuracy of the burden estimate, and
any suggested methods for minimizing respondent burden, including
through the use of automated collection techniques to the Director,
Collection Strategies Division, Office of Environmental Information,
Environmental Protection Agency (2822), 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. Please remember to include the OMB control number
in any correspondence, but do not submit any completed forms to this
address.
V. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the Agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and the Comptroller General of the United
States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. This rule is not a
``major rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 721
Environmental protection, Chemicals, Hazardous materials, Reporting
and recordkeeping requirements, Significant new uses.
Dated: March 4, 2002.
William H. Sanders, III,
Director, Office of Pollution Prevention and Toxics.
Therefore, 40 CFR chapter I is amended as follows:
PART 721--[AMENDED]
1. The authority citation for part 721 continues to read as
follows:
Authority: 15 U.S.C. 2604, 2607, and 2625(c).
2. By adding new Sec. 721.9582 to subpart E to read as follows:
Sec. 721.9582 Certain perfluoroalkyl sulfonates.
(a) Chemical substances and significant new uses subject to
reporting. (1) The chemical substances listed in Table 1 of this
paragraph are subject to reporting under this section for the
significant new uses described in paragraph (a)(2) of this section.
Table 1.--PFAS Chemicals Subject to Reporting on or After January 1,
2001
------------------------------------------------------------------------
CAS No./PMN CAS Ninth Collective Index Name
------------------------------------------------------------------------
2250-98-8 1-Octanesulfonamide, N,N',N''-
[phosphinylidynetris(oxy-2,1-
ethanediyl)]tris[N-ethyl-
1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
heptadecafluoro-
------------------------------------------------------------------------
30381-98-7 1-Octanesulfonamide, N,N'-
[phosphinicobis(oxy-2,1-
ethanediyl)]bis[N-ethyl-
1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
heptadecafluoro-, ammonium salt
------------------------------------------------------------------------
57589-85-2 Benzoic acid, 2,3,4,5-tetrachloro-6-
[[[3-
[[(heptadecafluorooctyl)sulfonyl]ox
y]phenyl]amino]carbonyl]-,
monopotassium salt
------------------------------------------------------------------------
61660-12-6 1-Octanesulfonamide, N-ethyl-
1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
heptadecafluoro-N-[3-
(trimethoxysilyl)propyl]-
------------------------------------------------------------------------
67969-69-1 1-Octanesulfonamide, N-ethyl-
1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-
heptadecafluoro-N-[2-
(phosphonooxy)ethyl]-, diammonium
salt
------------------------------------------------------------------------
68608-14-0 Sulfonamides, C4-8-alkane,
perfluoro, N-ethyl-N-
(hydroxyethyl), reaction products
with 1,1'-methylenebis[4-
isocyanatobenzene]
------------------------------------------------------------------------
70776-36-2 2-Propenoic acid, 2-methyl-,
octadecyl ester, polymer with 1,1-
dichloroethene, 2-
[[(heptadecafluorooctyl)sulfonyl]me
thylamino]ethyl 2-propenoate, N-
(hydroxymethyl)-2-propenamide, 2-
[methyl[(nonafluorobutyl)sulfonyl]a
mino]ethyl 2-propenoate, 2-
[methyl[(pentadecafluoroheptyl)sulf
onyl]amino]ethyl 2-propenoate, 2-
[methyl[(tridecafluorohexyl)sulfony
l]amino]ethyl 2-propenoate and 2-
[methyl[(undecafluoropentyl)sulfony
l]amino]ethyl 2-propenoate
------------------------------------------------------------------------
127133-66-8 2-Propenoic acid, 2-methyl-,
polymers with Bu methacrylate,
lauryl methacrylate and 2-
[methyl[(perfluoro-C4-8-
alkyl)sulfonyl]amino]ethyl
methacrylate
------------------------------------------------------------------------
148240-78-2 Fatty acids, C18-unsatd., trimers, 2-
[[(heptadecafluorooctyl)sulfonyl]me
thylamino]ethyl esters
------------------------------------------------------------------------
148684-79-1 Sulfonamides, C4-8-alkane,
perfluoro, N-(hydroxyethyl)-N-
methyl, reaction products with 1,6-
diisocyanatohexane homopolymer and
ethylene glycol
------------------------------------------------------------------------
[[Page 11013]]
178535-22-3 Sulfonamides, C4-8-alkane,
perfluoro, N-ethyl-N-(hydroxyethyl)-
, polymers with 1,1'-methylenebis[4-
isocyanatobenzene] and
polymethylenepolyphenylene
isocyanate, 2-ethylhexyl esters, Me
Et ketone oxime-blocked
------------------------------------------------------------------------
P-94-2205 Polymethylenepolyphenylene
isocyanate and bis(4-NCO-
phenyl)methane reaction products
with 2-ethyl-1-hexanol, 2-butanone,
oxime, N-ethyl-N-(2- hydroxyethyl)-
1-C4-C8 perfluoroalkanesulfonamide
------------------------------------------------------------------------
P-96-1645 Fatty acids, C18-unsatd., dimers, 2-
306974-63-0....................... [methyl[(perfluoro-C4-8-
alkyl)sulfonyl]amino]ethyl esters
------------------------------------------------------------------------
(2) The significant new uses are:
(i) Any manufacture or import for any use of any chemical listed in
Table 1 of paragraph (a)(1) of this section on or after January 1,
2001.
(ii) [Reserved]
(b) [Reserved]
[FR Doc. 02-5746 Filed 3-8-02; 8:45 am]
BILLING CODE 6560-50-S