### 11008 Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Rules and Regulations

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.

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; email 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.—P OTENTIALLY 

### A FFECTED 

### E NTITIES

Categories NAICS codes Examples of potentially affected entities

Chemical Manufacturers or Importers 325 Persons who 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.—C HEMICAL 

### S UBSTANCES 

### C OVERED BY THIS 

### F INAL 

### R ULE

CAS No./PMN CAS Ninth Collective Index Name

2250–98–8 1-Octanesulfonamide, N,N’,N’’-[phosphinylidynetris(oxy-2,1-ethanediyl)]tris[N-ethyl1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro30381–98–7 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


### 11009 Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Rules and Regulations

TABLE 

### 2.

— C HEMICAL 

### S UBSTANCES 

### C OVERED BY THIS 

### F INAL 

### R ULE



### — Continued

CAS No./PMN CAS Ninth Collective Index Name

57589

– 85-2 Benzoic acid, 2,3,4,5-tetrachloro-6-[[[3-[[(heptadecafluorooctyl)sulfonyl]oxy]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]methylamino]ethyl 2-propenoate, N-(hydroxymethyl)-2-propenamide, 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate and 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate

127133

– 66

– 8 2-Propenoic acid, 2-methyl-, polymers with Bu methacrylate, lauryl methacrylate and 2-[methyl[(perfluoroC4-8-alkyl)sulfonyl]amino]ethyl methacrylate

148240

– 78

–2 Fatty acids, C18-unsatd., trimers, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]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 306974

– 63

– 0 Fatty acids, C18-unsatd., dimers, 2-[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


### 11010 Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Rules and Regulations

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

–


### 11011 Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Rules and Regulations

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. Email 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


### 11012 Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Rules and Regulations

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 § 721.9582 to subpart E to read as follows:

§ 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 C HEMICALS 

### S UBJECT TO 

### R EPORTING ON OR 

### A FTER 

### J ANUARY 

### 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-ethyl1,1,2,2,3,3,4,4,5,5,6,6,7,7,8,8,8-heptadecafluoro30381

– 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]oxy]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]methylamino]ethyl 2-propenoate, N-(hydroxymethyl)-2-propenamide, 2- [methyl[(nonafluorobutyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(pentadecafluoroheptyl)sulfonyl]amino]ethyl 2-propenoate, 2- [methyl[(tridecafluorohexyl)sulfonyl]amino]ethyl 2-propenoate and 2- [methyl[(undecafluoropentyl)sulfonyl]amino]ethyl 2-propenoate

127133

– 66

– 8 2-Propenoic acid, 2-methyl-, polymers with Bu methacrylate, lauryl methacrylate and 2-[methyl[(perfluoroC4-8-alkyl)sulfonyl]amino]ethyl methacrylate

148240

– 78

–2 Fatty acids, C18-unsatd., trimers, 2-[[(heptadecafluorooctyl)sulfonyl]methylamino]ethyl esters

148684

– 79

– 1 Sulfonamides, C4-8-alkane, perfluoro, N-(hydroxyethyl)-N-methyl, reaction products with 1,6- diisocyanatohexane homopolymer and ethylene glycol


### 11013 Federal Register / Vol. 67, No. 47 / Monday, March 11, 2002 / Rules and Regulations

TABLE 

### 1.

— PFAS C HEMICALS 

### S UBJECT TO 

### R EPORTING ON OR 

### A FTER 

### J ANUARY 

### 1, 2001

— Continued

CAS No./PMN CAS Ninth Collective Index Name

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 306974

– 63

– 0 Fatty acids, C18-unsatd., dimers, 2-[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